Special Local Regulation; Monongahela, Allegheny, and Ohio Rivers, Pittsburgh PA, 17333-17336 [2018-08192]
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Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules
annual effect on the economy of $100
million or more; a major increase in
costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, or innovation,
or on the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.
List of Subjects in 21 CFR Part 1303
Administrative practice and
procedure, Drug traffic control.
Accordingly, for the reasons stated in
the preamble, part 1303 of title 21 of the
Code of Federal Regulations is proposed
to be amended as follows:
PART 1303—QUOTAS
1. The authority citation for part 1303
continues to read as follows:
■
Authority: 21 U.S.C. 821, 826, 871(b).
2. In § 1303.11:
■ a. Remove the word ‘‘and’’ at the end
of paragraph (b)(4).
■ b. Redesignate paragraph (b)(5) as
paragraph (b)(7).
■ c. Add new paragraphs (b)(5) and (6).
■ d. In paragraph (c), add the phrase
‘‘and transmitted to each state attorney
general’’ before the period in the second
sentence, add the phrase ‘‘except that
the Administrator shall hold a hearing
if he determines it is necessary to
resolve an issue of material fact raised
by a state objecting to the proposed
quantity for the class as excessive for
legitimate United States need’’ before
the period in the fourth sentence,
remove the word ‘‘such’’ in the fifth
sentence, add the phrase ‘‘, the
Administrator’’ before ‘‘shall issue’’ in
the sixth sentence, and add the phrase
‘‘and transmitted to each state attorney
general’’ before the period in the final
sentence.
The additions read as follows:
■
§ 1303.11
Aggregate production quotas.
daltland on DSKBBV9HB2PROD with PROPOSALS
*
*
*
*
*
(b) * * *
(5) The extent of any diversion of the
controlled substance in the class;
(6) Relevant information obtained
from the Department of Health and
Human Services, including from the
Food and Drug Administration, the
Centers for Disease Control and
Prevention, and the Centers for
Medicare and Medicaid Services, and
relevant information obtained from the
states; and
*
*
*
*
*
■ 3. In § 1303.12(b), add after the fifth
sentence a new sentence to read as
follows:
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§ 1303.12
Procurement quotas.
*
*
*
*
*
(b) * * * The Administrator may
require additional information from an
applicant which, in the Administrator’s
judgment, may be helpful in detecting
or preventing diversion, including
customer identities and amounts of the
controlled substance sold to each
customer. * * *
*
*
*
*
*
■ 4. In § 1303.13:
■ a. Revise paragraph (b)(1).
■ b. In paragraph (c), add the phrase
‘‘and transmitted to each state attorney
general’’ before the period in the second
sentence, add the phrase ‘‘, except that
the Administrator shall hold a hearing
if he determines it is necessary to
resolve an issue of material fact raised
by a state objecting to the proposed
adjusted quota as excessive for
legitimate United States need’’ before
the period in the fourth sentence,
remove the word ‘‘such’’ in the fifth
sentence, and add the phrase ‘‘and
transmitted to each state attorney
general’’ before the period in the final
sentence.
The revision reads as follows:
§ 1303.13 Adjustments of aggregate
production quotas.
*
*
*
*
*
(b) * * *
(1) Changes in the demand for that
class, changes in the national rate of net
disposal of the class, changes in the rate
of net disposal of the class by registrants
holding individual manufacturing
quotas for that class, and changes in the
extent of any diversion in the class;
*
*
*
*
*
§ 1303.21
[Amended]
5. In § 1303.21(a), remove ‘‘§§ ’’ in the
second sentence and add in its place
‘‘§ ’’.
■ 6. In § 1303.22:
■ a. In paragraph (c)(2), remove the
word ‘‘econolic’’ and add in its place
the word ‘‘economic’’.
■ b. Add paragraph (d).
The addition reads as follows:
■
§ 1303.22 Procedure for applying for
individual manufacturing quotas.
*
*
*
*
*
(d) The Administrator may require
additional information from an
applicant which, in the Administrator’s
judgment, may be helpful in detecting
or preventing diversion, including
customer identities and amounts of the
controlled substance sold to each
customer.
§ 1303.23
[Amended]
7. In § 1303.23, add the phrase ‘‘the
extent of any diversion of the controlled
■
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17333
substance,’’ after ‘‘strikes),’’ in
paragraph (a)(2), and add the phrase
‘‘any risk of diversion of the controlled
substance,’’ after ‘‘strikes),’’ in
paragraph (b)(2).
§ 1303.32
[Amended]
8. In § 1303.32(a), add the phrase ‘‘and
shall, if determined by the
Administrator to be necessary under
§ 1303.11(c) or 1303.13(c) based on
objection by a state,’’ before ‘‘hold a
hearing’’.
■
Dated: April 13, 2018.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2018–08111 Filed 4–18–18; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0224]
RIN 1625–AA08
Special Local Regulation;
Monongahela, Allegheny, and Ohio
Rivers, Pittsburgh PA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a special local regulation for
parts of the navigable waters of the
Allegheny, Monongahela, and Ohio
Rivers. This action is necessary to
provide for the safety of life on these
navigable waters during the weekend of
the Kenny Chesney concert at Heinz
Field. This proposed rulemaking would
prohibit persons and vessels from
loitering, anchoring, stopping, mooring,
remaining, or drifting in any manner
that impedes safe passage of another
vessel to any launching ramp, marina,
or fleeting area unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh or a designated
representative. In addition, this
proposed rulemaking would prohibit
persons and vessels from loitering,
anchoring, stopping, or drifting more
than 100 feet from any riverbank unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh or a
designated representative. We invite
your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 4, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
SUMMARY:
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Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules
2018–0224 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email MST1 Jennifer
Haggins, Marine Safety Unit Pittsburgh,
U.S. Coast Guard; telephone 412–221–
0807, email Jennifer.L.Haggins@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
Heinz Field notified the Coast Guard
that it would be holding a concert from
4 p.m. to 11 p.m. on June 2, 2018. Heinz
Field is located in close proximity to the
banks of the Ohio and Allegheny Rivers,
which is a high vessel traffic area used
by both commercial and recreational
vessels. Due to the proximity of Heinz
Field to these waterways, it will be a
destination for many recreational
vessels to anchor and loiter throughout
the concert weekend from June 1, 2018
through June 3, 2018. The Coast Guard
is concerned about possible collisions
that could occur in this area and the
impact of vessel congestion on maritime
commerce due to transit delays. The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) has determined that
this special local regulation is necessary
to maintain an open navigation channel
and ensure the safety of vessels and
these navigable waters during the
concert weekend.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters adjacent to Heinz Field
on the Allegheny, Monongahela, and
Ohio Rivers before, during, and after the
Kenny Chesney concert weekend. The
Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1233.
The Coast Guard is issuing this notice
of proposed rulemaking (NPRM) with a
15-day prior notice and opportunity to
comment pursuant to section (b)(3) of
the Administrative Procedure Act (APA)
(5 U.S.C. 553). This provision authorizes
an agency to publish a rule in less than
30 days before its effective date for
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‘‘good cause found and published with
the rule.’’ Under 5 U.S.C. 553(b)(3)(B),
the Coast Guard finds that good cause
exists for publishing this NPRM with a
15-day comment period because it is
impractical to provide a 30-day
comment period. This proposed special
local regulation is necessary to ensure
the safety of vessels and persons during
the concert weekend. It is impracticable
to publish an NPRM with a 30-day
comment period because we must
establish this special local regulation by
June 1, 2018. A 15-day comment period
would allow the Coast Guard to provide
for public notice and comment, but also
publish a rule, if adopted, soon enough
that the length of the notice and
comment period does not compromise
public safety.
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary special local regulation for all
navigable waters of the Allegheny,
Monongahela, and Ohio Rivers between
the Ninth Street Highway Bridge at mile
marker (MM) 0.8, Allegheny River, Fort
Pitt Highway Bridge at MM 0.22,
Monongahela River, and West EndNorth Side Highway Bridge at MM 0.8,
Ohio River. The duration of the
temporary special local regulation is
intended to ensure the safety of vessels
on these navigable waters before,
during, and after the concert weekend.
This proposed rule would apply to any
vessel operating within the area,
including a naval or public vessel,
except a vessel engaged in law
enforcement, servicing aids to
navigation, or surveying, maintaining,
or improving waters within the
regulated area. No vessel would be
permitted to loiter, anchor, stop, moor,
remain or drift in any manner that
impedes safe passage of another vessel
to any launching ramp, marina, or
fleeting area unless authorized by the
COTP or a designated representative. In
addition, no vessel or person would be
permitted to loiter, anchor, stop, remain,
or drift more than 100 feet from any
riverbank unless authorized by the
COTP or a designated representative.
Persons and vessels seeking entry into
the regulated area must request
permission from the COTP or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Marine
Safety Unit Pittsburgh. They may be
contacted on VHF–FM Channel 16.
Persons and vessels permitted to enter
this regulated area must transit at their
slowest safe speed and comply with all
lawful directions issued by the COTP or
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the designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size and location of the
special local regulation. The special
local regulation will impact a small
section of the Allegheny, Monongahela,
and Ohio Rivers, less than three total
miles. Moreover, the special local
regulation will not stop vessels from
transiting the area, it will only establish
certain areas where vessels are
prohibited from loitering, anchoring,
stopping, or drifting more than 100 feet
from any river bank.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
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their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a special local regulation that
prohibits vessels from loitering,
anchoring, stopping, remaining or
drifting more than 100 feet from any
bank. Normally such actions are
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of Implementation
of the National Environmental Policy
Act, Department of Homeland Security
Instruction Manual 023–01–001–01. A
preliminary environmental analysis
checklist and Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
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17335
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR1.05–1.
2. Add § 100.T08–0224 to read as
follows:
■
§ 100.T08–0224 Allegheny River,
Monongahela River, and Ohio Rivers,
Pittsburgh, PA
(a) Location. The following is a
special local regulation for all navigable
waters of the Allegheny, Monongahela,
and Ohio Rivers between the Ninth
Street Highway Bridge at mile marker
(MM) 0.8, Allegheny River, Fort Pitt
Highway Bridge at MM 0.22,
Monongahela River, and West EndNorth Side Highway Bridge at MM 0.8,
Ohio River.
(b) Applicability. This section applies
to any vessel operating within the area,
including a naval or public vessel,
except a vessel engaged in:
(1) Law enforcement;
(2) Servicing aids to navigation; or
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Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules
(3) Surveying, maintaining, or
improving waters within the regulated
area.
(c) Regulations. (1) In accordance with
the general regulations in § 100.801, no
vessel shall loiter, anchor, stop, moor,
remain or drift in any manner as to
impede safe passage of another vessel to
any launching ramp, marina, or fleeting
area unless authorized by the Captain of
the Port Marine Safety Unit Pittsburgh
(COTP) or a designated representative.
(2) No vessel shall loiter, anchor, stop,
moor, remain or drift at any time more
than 100 feet from any riverbank within
the regulated area unless authorized by
the COTP or a designated
representative.
(3) Persons and vessels seeking entry
into the regulated area must request
permission from the COTP or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Marine
Safety Unit Pittsburgh. They may be
contacted on VHF–FM Channel 16.
(4) Persons and vessels permitted to
enter the regulated area must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Effective period. This section will
be effective from 4 p.m. on June 1, 2018
through 3 p.m. on June 3, 2018.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: April 13, 2018.
F.M. Smith,
Lieutenant Commander, U.S. Coast Guard,
Acting Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018–08192 Filed 4–18–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
daltland on DSKBBV9HB2PROD with PROPOSALS
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–1112]
RIN 1625–AA00
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone.
AGENCY:
Coast Guard, DHS.
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ACTION:
Notice of proposed rulemaking.
The Coast Guard proposes to
amend its safety zones regulation for
Annual Events in the Captain of the Port
Buffalo Zone. This proposed
amendment updates 12 permanent
safety zones and adds 12 new
permanent safety zones. These
amendments and additions are
necessary to protect spectators,
participants, and vessels from the
hazards associated with annual
maritime events, including fireworks
displays, boat races, and air shows. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 21, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–1112 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LT Michael
Collet, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo;
telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On June 18, 2008, the Coast Guard
published a final rule entitled Safety
Zones; Annual Fireworks Events in the
Captain of the Port Buffalo Zone in the
Federal Register (73 FR 28705). This
final rule was published after the Coast
Guard requested public comments in
response to a preceding NPRM in the
Federal Register (73 FR 18225, April 3,
2008). No public meeting was requested,
and none was held.
The legal basis for this proposed rule
is the Coast Guard’s authority to
establish safety zones: 33 U.S.C. 1231;
33 CFR 1.05–1, 160.5; Department of
Homeland Security Delegation No.
0170.1.
The purpose of this rulemaking is to
update the safety zones in § 165.939 to
ensure accuracy of times, dates, and
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dimensions for various triggering and
marine events that are expected to be
conducted within the Captain of the
Port Buffalo Zone throughout the year.
The purpose of the rulemaking is also to
ensure vessels and persons are protected
from the specific hazards related to the
aforementioned events. These specific
hazards include obstructions in the
waterway that may cause marine
casualties; collisions among vessels
maneuvering at a high speed within a
channel; the explosive dangers involved
in pyrotechnics and hazardous cargo;
and flaming/falling debris into the water
that may cause injuries. The Coast
Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
This proposed rule amends 12
permanent safety zones found within
table 165.939 of 33 CFR 165.939. These
12 amendments involve updating the
location, size, and/or enforcement
times.
Additionally, this proposed rule adds
12 new safety zones to table 165.939
within § 165.939 for annuallyreoccurring events in the Captain of the
Port Buffalo Zone. These 12 zones were
approved and published in the Federal
Register as temporary safety zones in
2017 and were added in order to protect
the public from the safety hazards
previously described. A list of specific
changes and additions are available in
the attachments within this Docket.
The Captain of the Port Buffalo has
determined that the safety zones in this
proposed rule are necessary to ensure
the safety of vessels and people during
annual marine or triggering events in
the Captain of the Port Buffalo zone.
Although this proposed rule will be
effective year-round, the safety zones in
this proposed rule will be enforced only
immediately before, during, and after
events that pose a hazard to the public
and only upon notice by the Captain of
the Port Buffalo.
The Captain of the Port Buffalo will
notify the public that the zones in this
proposal are or will be enforced by all
appropriate means to the affected
segments of the public, including
publication in the Federal Register, as
practicable, in accordance with 33 CFR
165.7(a). Such means of notification
may also include, but are not limited to,
Broadcast Notice to Mariners or Local
Notice to Mariners.
All persons and vessels must comply
with the instructions of the Coast Guard
Captain of the Port Buffalo or his or her
designated representative. Entry into,
transiting, or anchoring within the
safety zones is prohibited unless
authorized by the Captain of the Port or
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]]>Agencies
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Proposed Rules]
[Pages 17333-17336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08192]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0224]
RIN 1625-AA08
Special Local Regulation; Monongahela, Allegheny, and Ohio
Rivers, Pittsburgh PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a special local
regulation for parts of the navigable waters of the Allegheny,
Monongahela, and Ohio Rivers. This action is necessary to provide for
the safety of life on these navigable waters during the weekend of the
Kenny Chesney concert at Heinz Field. This proposed rulemaking would
prohibit persons and vessels from loitering, anchoring, stopping,
mooring, remaining, or drifting in any manner that impedes safe passage
of another vessel to any launching ramp, marina, or fleeting area
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh or a designated representative. In addition, this proposed
rulemaking would prohibit persons and vessels from loitering,
anchoring, stopping, or drifting more than 100 feet from any riverbank
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh or a designated representative. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 4, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
[[Page 17334]]
2018-0224 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST1 Jennifer Haggins, Marine Safety
Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Heinz Field notified the Coast Guard that it would be holding a
concert from 4 p.m. to 11 p.m. on June 2, 2018. Heinz Field is located
in close proximity to the banks of the Ohio and Allegheny Rivers, which
is a high vessel traffic area used by both commercial and recreational
vessels. Due to the proximity of Heinz Field to these waterways, it
will be a destination for many recreational vessels to anchor and
loiter throughout the concert weekend from June 1, 2018 through June 3,
2018. The Coast Guard is concerned about possible collisions that could
occur in this area and the impact of vessel congestion on maritime
commerce due to transit delays. The Captain of the Port Marine Safety
Unit Pittsburgh (COTP) has determined that this special local
regulation is necessary to maintain an open navigation channel and
ensure the safety of vessels and these navigable waters during the
concert weekend.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters adjacent to Heinz Field on the Allegheny,
Monongahela, and Ohio Rivers before, during, and after the Kenny
Chesney concert weekend. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1233.
The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impractical to provide a 30-day comment
period. This proposed special local regulation is necessary to ensure
the safety of vessels and persons during the concert weekend. It is
impracticable to publish an NPRM with a 30-day comment period because
we must establish this special local regulation by June 1, 2018. A 15-
day comment period would allow the Coast Guard to provide for public
notice and comment, but also publish a rule, if adopted, soon enough
that the length of the notice and comment period does not compromise
public safety.
III. Discussion of Proposed Rule
The COTP proposes to establish a temporary special local regulation
for all navigable waters of the Allegheny, Monongahela, and Ohio Rivers
between the Ninth Street Highway Bridge at mile marker (MM) 0.8,
Allegheny River, Fort Pitt Highway Bridge at MM 0.22, Monongahela
River, and West End-North Side Highway Bridge at MM 0.8, Ohio River.
The duration of the temporary special local regulation is intended to
ensure the safety of vessels on these navigable waters before, during,
and after the concert weekend. This proposed rule would apply to any
vessel operating within the area, including a naval or public vessel,
except a vessel engaged in law enforcement, servicing aids to
navigation, or surveying, maintaining, or improving waters within the
regulated area. No vessel would be permitted to loiter, anchor, stop,
moor, remain or drift in any manner that impedes safe passage of
another vessel to any launching ramp, marina, or fleeting area unless
authorized by the COTP or a designated representative. In addition, no
vessel or person would be permitted to loiter, anchor, stop, remain, or
drift more than 100 feet from any riverbank unless authorized by the
COTP or a designated representative. Persons and vessels seeking entry
into the regulated area must request permission from the COTP or a
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Marine Safety
Unit Pittsburgh. They may be contacted on VHF-FM Channel 16. Persons
and vessels permitted to enter this regulated area must transit at
their slowest safe speed and comply with all lawful directions issued
by the COTP or the designated representative. The regulatory text we
are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size and
location of the special local regulation. The special local regulation
will impact a small section of the Allegheny, Monongahela, and Ohio
Rivers, less than three total miles. Moreover, the special local
regulation will not stop vessels from transiting the area, it will only
establish certain areas where vessels are prohibited from loitering,
anchoring, stopping, or drifting more than 100 feet from any river
bank.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year.
Though this proposed rule would not result in such an expenditure,
we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a special
local regulation that prohibits vessels from loitering, anchoring,
stopping, remaining or drifting more than 100 feet from any bank.
Normally such actions are categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of Implementation of the
National Environmental Policy Act, Department of Homeland Security
Instruction Manual 023-01-001-01. A preliminary environmental analysis
checklist and Categorical Exclusion Determination are available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; 33 CFR1.05-1.
0
2. Add Sec. 100.T08-0224 to read as follows:
Sec. 100.T08-0224 Allegheny River, Monongahela River, and Ohio
Rivers, Pittsburgh, PA
(a) Location. The following is a special local regulation for all
navigable waters of the Allegheny, Monongahela, and Ohio Rivers between
the Ninth Street Highway Bridge at mile marker (MM) 0.8, Allegheny
River, Fort Pitt Highway Bridge at MM 0.22, Monongahela River, and West
End-North Side Highway Bridge at MM 0.8, Ohio River.
(b) Applicability. This section applies to any vessel operating
within the area, including a naval or public vessel, except a vessel
engaged in:
(1) Law enforcement;
(2) Servicing aids to navigation; or
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(3) Surveying, maintaining, or improving waters within the
regulated area.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.801, no vessel shall loiter, anchor, stop, moor, remain or
drift in any manner as to impede safe passage of another vessel to any
launching ramp, marina, or fleeting area unless authorized by the
Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a
designated representative.
(2) No vessel shall loiter, anchor, stop, moor, remain or drift at
any time more than 100 feet from any riverbank within the regulated
area unless authorized by the COTP or a designated representative.
(3) Persons and vessels seeking entry into the regulated area must
request permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Marine Safety Unit Pittsburgh. They may be contacted on VHF-FM
Channel 16.
(4) Persons and vessels permitted to enter the regulated area must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Effective period. This section will be effective from 4 p.m. on
June 1, 2018 through 3 p.m. on June 3, 2018.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: April 13, 2018.
F.M. Smith,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Marine Safety Unit Pittsburgh.
[FR Doc. 2018-08192 Filed 4-18-18; 8:45 am]
BILLING CODE 9110-04-P
