Special Local Regulation; Monongahela, Allegheny, and Ohio Rivers, Pittsburgh Pennsylvania, 11413-11415 [2019-05819]
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Federal Register / Vol. 84, No. 59 / Wednesday, March 27, 2019 / Rules and Regulations
(Government agencies), Reporting and
recordkeeping requirements.
[FR Doc. 2019–05765 Filed 3–26–19; 8:45 am]
BILLING CODE 3510–HR–P
PART 700—[REMOVED]
DEPARTMENT OF DEFENSE
Accordingly, by authority of 5 U.S.C.
301, 32 CFR part 700 is removed.
■
Department of the Navy
Dated: March 22, 2019.
M.S. Werner,
Commander, Judge Advocate General’s Corps,
U.S. Navy, Federal Register Liaison Officer.
32 CFR Part 700
[Docket ID: USN–2019–HQ–0005]
RIN 0703–AB06
[FR Doc. 2019–05820 Filed 3–26–19; 8:45 am]
BILLING CODE 3810–FF–P
United States Navy Regulations and
Official Records
DEPARTMENT OF HOMELAND
SECURITY
Department of the Navy,
Department of Defense.
ACTION: Final rule.
AGENCY:
List of Subjects in 32 CFR Part 700
Coast Guard, Military personnel,
Organization and functions
VerDate Sep<11>2014
16:40 Mar 26, 2019
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33 CFR Part 100
[Docket Number USCG–2019–0168]
RIN 1625–AA08
Special Local Regulation;
Monongahela, Allegheny, and Ohio
Rivers, Pittsburgh Pennsylvania
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for parts of the navigable
waters of the Allegheny, Monongahela,
and Ohio Rivers. This action is
necessary to ensure safety of life on
these navigable waters during the
weekend of the Garth Brooks concert at
Heinz Field. Persons and vessels are
prohibited 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,
persons and vessels are prohibited 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.
SUMMARY:
This rule is effective from 4 p.m.
on May 17, 2019 through 3 p.m. on May
19, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0168 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
DATES:
PO 00000
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If
you have questions on this rule, call or
email Petty Officer Jennifer Haggins,
Marine Safety Unit Pittsburgh
Waterways Division, U.S. Coast Guard;
telephone 412–221–0807, email
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
Coast Guard
This final rule removes the
Code of Federal Regulations (CFR) part
concerning United States Navy
Regulations (NAVREGS) and Official
Records. The NAVREGS are not
required to be published in the CFR
because they do not apply to or impact
the public.
DATES: This rule is effective on March
27, 2019.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Damon Burman at 703–614–
5783.
SUPPLEMENTARY INFORMATION: The
NAVREGS are issued by the Secretary of
the Navy under 10 U.S.C. 6011 and
delineate the duties, responsibilities,
authorities, distinctions, and
relationships between various
commands, officials, and individuals
within the Department of the Navy
(DON). The NAVREGS are not
applicable to, and do not impact, the
public. Therefore, they are not required
to be published in the CFR.
Nevertheless, a current version of the
NAVREGS is maintained on and
available to the public for download
from the DON Issuances website,
https://doni.documentservices.dla.mil/
default.aspx.
It has been determined that
publication of this CFR part removal for
public comment is impracticable,
unnecessary, and contrary to public
interest since it based upon removing
internal DON information.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
Therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
SUMMARY:
11413
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On March 12, 2019, Heinz Field
notified the Coast Guard that it would
be holding a concert from 5 p.m. to 11
p.m. on May 18, 2019. Heinz Field is
located in close proximity to the banks
of the Ohio and Allegheny Rivers,
which are high vessel traffic areas 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 of May 17, 2019 to
May 19, 2019.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety concerns and hazards that could
occur in this area during the concert.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041(a).
The COTP has determined that this
special local regulation is necessary to
maintain an open navigation channel
and ensure the safety of vessels on these
navigable waters during the concert
weekend. Risk of collisions near Heinz
Field is a safety concern for any vessel
loitering, anchoring, stopping, or
drifting more than 100 feet from a
riverbank or in a manner that impedes
the passage of another vessel to any
launching ramp, marina, or fleeting
area. The purpose of this rulemaking is
to ensure the safety of vessels on the
navigable waters adjacent to Heinz Field
along the Allegheny, Monongahela, and
Ohio Rivers before, during, and after the
Garth Brooks concert weekend.
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Federal Register / Vol. 84, No. 59 / Wednesday, March 27, 2019 / Rules and Regulations
IV. Discussion of Comments, Changes,
and the Rule
This rule establishes a special local
regulation from 4 p.m. on May 17, 2019
through 3 p.m. on May 19, 2019. The
special local regulation will cover 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 zone is
intended to ensure the safety of vessels
on these navigable waters. This special
local regulation applies 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 is
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 is
permitted to loiter, anchor, stop, remain,
or drift more than 100 feet from any
riverbank unless authorized by 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.
V. Regulatory Analyses
We developed this 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 rule has not
been designated as a ‘‘significant
regulatory action,’’ under Executive
VerDate Sep<11>2014
16:40 Mar 26, 2019
Jkt 247001
Order 12866. Accordingly, this rule 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.
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 rule will 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 V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
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small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will 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 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 rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined 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 rule involves a
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Federal Register / Vol. 84, No. 59 / Wednesday, March 27, 2019 / Rules and Regulations
special local regulation covering less
than 3 miles and lasting approximately
3 days. It will prohibit persons and
vessels from loitering, anchoring,
stopping, or drifting more than 100 feet
from any riverbank or act in a manner
that impedes the passage of another
vessel to any launching ramp, marina,
or fleeting area. It is categorically
excluded from further review under
paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 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: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T08–0168 to read as
follows:
■
BILLING CODE 9110–04–P
(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
(3) Surveying, maintaining, or
improving waters within the regulated
area.
16:40 Mar 26, 2019
Jkt 247001
Dated: March 21, 2019.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2019–05819 Filed 3–26–19; 8:45 am]
§ 100.T08–0168 Special Local Regulation;
Monongahela, Allegheny, and Ohio Rivers,
Pittsburgh, PA.
VerDate Sep<11>2014
(c) Regulations. (1) In accordance with
the general regulations in § 100.801, no
vessel shall loiter, anchor, stop, moor,
remain, drift, or act 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) 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 May 17,
2019 through 3 p.m. on May 19, 2019.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the special local regulation 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.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0135]
Safety Zone; Pittsburgh Pirates
Fireworks, Allegheny River, Pittsburgh,
PA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
safety zones for the Pittsburgh Pirates
Fireworks on the Allegheny River,
extending the entire width of the river,
from mile 0.2 to 0.9 in Pittsburgh, PA.
SUMMARY:
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11415
The safety zones are necessary to protect
vessels transiting the area and event
spectators from the hazards associated
with the Pittsburgh Pirates barge-based
firework displays following certain
home games throughout the season.
During the enforcement period, entry
into, transiting, or anchoring in the
safety zones is prohibited to all vessels
not registered with the sponsor as
participants or official patrol vessels,
unless specifically authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative.
The regulations in 33 CFR
165.801, Table 1, Line 1 will be
enforced from 8 p.m. through 11:59 p.m.
each day on May 24, June 21, August 3,
August 23, and September 27, 2019,
unless the firework displays are
postponed because of adverse weather,
in which case, this rule will be enforced
within 48 hours of each scheduled date.
DATES:
If
you have questions about this notice of
enforcement, call or email MST1
Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email
Jennifer.L.Haggins@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the safety zones for
the annual Pittsburgh Pirates Fireworks
listed in 33 CFR 165.801, Table 1, line
1 from 8 p.m. through 11:59 p.m. each
day on May 24, June 21, August 3,
August 23, and September 27, 2019.
Should inclement weather require
rescheduling, the safety zone will be
effective following games on a rain date
to occur within 48 hours of the
scheduled date. Entry into the safety
zone is prohibited to all vessels not
registered with the sponsor as
participants or official patrol vessels,
unless authorized by the Captain of the
Port Marine Safety Unit Pittsburgh
(COTP) or a designated representative.
Persons or vessels desiring to enter into
or pass through the safety zone must
request permission from the COTP or a
designated representative. If permission
is granted, all persons and vessels shall
comply with the instructions of the
COTP or designated representative.
This notice of enforcement is issued
under authority of 33 CFR 165.801 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of these enforcement
periods via Local Notice to Mariners
and updates via Marine Information
Broadcasts.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Rules and Regulations]
[Pages 11413-11415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05819]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0168]
RIN 1625-AA08
Special Local Regulation; Monongahela, Allegheny, and Ohio
Rivers, Pittsburgh Pennsylvania
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for parts of the navigable waters of the Allegheny,
Monongahela, and Ohio Rivers. This action is necessary to ensure safety
of life on these navigable waters during the weekend of the Garth
Brooks concert at Heinz Field. Persons and vessels are prohibited 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, persons and vessels are prohibited 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.
DATES: This rule is effective from 4 p.m. on May 17, 2019 through 3
p.m. on May 19, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0168 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Haggins, Marine Safety Unit
Pittsburgh Waterways Division, U.S. Coast Guard; telephone 412-221-
0807, email Jennifer.L.Haggins@uscg.mil.
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 Information and Regulatory History
On March 12, 2019, Heinz Field notified the Coast Guard that it
would be holding a concert from 5 p.m. to 11 p.m. on May 18, 2019.
Heinz Field is located in close proximity to the banks of the Ohio and
Allegheny Rivers, which are high vessel traffic areas 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 of May 17, 2019 to May 19, 2019.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety concerns and
hazards that could occur in this area during the concert.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041(a). The COTP has determined that this special local regulation is
necessary to maintain an open navigation channel and ensure the safety
of vessels on these navigable waters during the concert weekend. Risk
of collisions near Heinz Field is a safety concern for any vessel
loitering, anchoring, stopping, or drifting more than 100 feet from a
riverbank or in a manner that impedes the passage of another vessel to
any launching ramp, marina, or fleeting area. The purpose of this
rulemaking is to ensure the safety of vessels on the navigable waters
adjacent to Heinz Field along the Allegheny, Monongahela, and Ohio
Rivers before, during, and after the Garth Brooks concert weekend.
[[Page 11414]]
IV. Discussion of Comments, Changes, and the Rule
This rule establishes a special local regulation from 4 p.m. on May
17, 2019 through 3 p.m. on May 19, 2019. The special local regulation
will cover 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 zone is intended to ensure the safety of vessels on
these navigable waters. This special local regulation applies 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 is 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 is permitted to loiter, anchor, stop, remain, or drift
more than 100 feet from any riverbank unless authorized by 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.
V. Regulatory Analyses
We developed this 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 rule has not been
designated as a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, this rule 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.
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 rule
will 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
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined 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 rule involves
a
[[Page 11415]]
special local regulation covering less than 3 miles and lasting
approximately 3 days. It will prohibit persons and vessels from
loitering, anchoring, stopping, or drifting more than 100 feet from any
riverbank or act in a manner that impedes the passage of another vessel
to any launching ramp, marina, or fleeting area. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0168 to read as follows:
Sec. 100.T08-0168 Special Local Regulation; Monongahela, Allegheny,
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
(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,
drift, or act 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) 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
May 17, 2019 through 3 p.m. on May 19, 2019.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
special local regulation 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: March 21, 2019.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2019-05819 Filed 3-26-19; 8:45 am]
BILLING CODE 9110-04-P
