[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2305-2307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00198]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0118]
RIN 1625-AA11


Regulated Navigation Area; Monongahela, Allegheny, and Ohio 
Rivers, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a regulated navigation area 
for certain waters of the Monongahela, Allegheny, and Ohio Rivers at 
Pittsburgh, Pennsylvania. This action is necessary to provide for the 
safety of persons, vessels, and the marine environment on these 
navigable waters due to the high volume of vessels navigating the area. 
This rule will prohibit persons and vessels from loitering, anchoring, 
stopping, mooring, remaining, or drifting more than 100 feet from any 
river bank in the regulated navigation area unless authorized in order 
to reduce vessel congestion and provide for safe passage of transiting 
vessels in the center of the rivers. It will also prohibit persons and 
vessels from loitering, anchoring, stopping, mooring, remaining, or 
drifting in any manner that impedes the safe passage of another vessel 
to any launching ramp, marine, or fleeting area unless authorized.

DATES: This rule is effective February 14, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0118 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 ENS William Russell, Marine Safety Unit Pittsburgh, U.S. 
Coast Guard; telephone 412-221-0807, email William.W.Russell@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
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

    During a Passenger Vessel Association Rivers Region Meeting in 
November of 2016, participants notified Coast Guard Marine Safety Unit 
(MSU) Pittsburgh of navigation and safety issues involving vessel 
congestion near the Point of Pittsburgh during the summer months. As a 
result, MSU Pittsburgh formed a Congested Waterways Committee that 
meets monthly to investigate the congestion issue and discuss concerns 
regarding use of the waterway. The committee includes: Tow boat 
operators, commercial passenger vessel operators, port executives, safe 
boating council members, industry representatives, and members from 
local recreational boat associations, along with representatives of the 
Coast Guard Auxiliary, United States Army Corps of Engineers (USACE), 
and city and state law enforcement officials.
    MSU Pittsburgh learned that during summer months, especially on 
weekends, large numbers of recreational vessels anchor or drift in the 
vicinity of the Point of Pittsburgh, which created an unsafe navigation 
situation for the larger commercial vessels utilizing the waterway. 
Some of the participants discussed several near misses between 
commercial and recreational vessels, but currently there is no standard 
definition of a near miss as it pertains to this issue, nor has it been 
tracked. MSU Pittsburgh received comments about the dangers of 
recreational vessels anchoring or drifting near the sailing line,\1\ 
and conversely, about the dangers of commercial vessels that seem to 
expect vessels to give way as a matter of course. The local ferries 
also expressed concerns regarding vessels blocking the approaches to 
their loading areas.
---------------------------------------------------------------------------

    \1\ The phrase ``sailing line'' is defined as the middle of the 
river as marked on the USACE river charts.
---------------------------------------------------------------------------

    During the summer of 2018, MSU Pittsburgh was notified of two 
outdoor concerts at Heinz Field. Due to the proximity of the stadium to 
the Ohio River, large concentrations of recreational vessels were 
anticipated throughout concert weekends. To mitigate the navigational 
impact, MSU Pittsburgh permitted these concerts as marine events and 
established temporary Special Local Regulations to maintain a safe and 
clear navigation area during the concert weekends.
    Both temporary Special Local Regulations prohibited 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. In 
advance of the concert weekends, MSU Pittsburgh conducted outreach/
education. MSU Pittsburgh provided flyers to the three locks and dams 
of the Pitt Pool to be given to boaters entering the pool throughout 
the concert weekends. Coast Guard and Coast Guard Auxiliary patrols 
also provided flyers to boaters in the Pitt Pool during the concerts. 
MSU Pittsburgh personnel participated in news media interviews with two 
local TV stations and one local newspaper. According to the USACE, 529 
recreational and 133 commercial vessels transited through the locks of 
the Pitt Pool throughout the concert weekends. Additionally, 316 
passenger vessel trips were conducted in close proximity to Heinz 
Field. Despite the concentration of vessels, both recreational and

[[Page 2306]]

commercial vessels were able to transit safely throughout the weekend, 
and positive feedback was received from industry, other government 
agencies, and recreational representatives.
    On July 1, 2019, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Regulated Navigation Area; Monongahela, 
Allegheny, and Ohio Rivers, Pittsburgh, PA'' (84 FR 31273). The 
rulemaking proposed establishing a Regulated Navigation Area that would 
prohibit persons and vessels from loitering, anchoring, stopping, 
mooring, remaining, or drifting more than 100 feet from any river bank 
in the regulated navigation area unless authorized in order to reduce 
vessel congestion and provide for safe passage of transiting vessels in 
the center of the rivers. It also proposed to prohibit persons and 
vessels from loitering, anchoring, stopping, mooring, remaining, or 
drifting in any manner that impedes the safe passage of another vessel 
to any launching ramp, marina, or fleeting area unless authorized. 
There we invited comments on our proposed regulatory action related to 
this Regulated Navigation Area. During the comment period that ended 
July 31, 2019, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1231). The purpose of this rulemaking is to 
ensure the safety of persons, vessels, and the marine environment on 
the navigable waters of the Monongahela, Allegheny, and Ohio Rivers at 
Pittsburgh, Pennsylvania due to high vessel traffic volume. The 
Commander of the Eighth Coast Guard District has determined that 
potential hazards associated with the risk of collision in this area 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
1, 2019. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.

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 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, 
location, and impact of the regulated navigation area. The regulated 
navigation area uses minimally intrusive guidelines for vessel 
operation designed to improve the safety of navigation on the waters of 
the area. This regulated navigation area does not meet any of the 
criteria for a significant regulatory action under Executive Order 
12866.

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 received 0 comments from the Small Business 
Administration on this rulemaking. 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 
safety zone 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 
call or email 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 call or email 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

[[Page 2307]]

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 Environmental Planning COMDTINST 5090.1 (series), 
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 regulated navigation area that 
prohibits 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. It is categorically 
excluded from further review under paragraph L60(a) in Table 3-1 of 
U.S. Coast Guard Environmental Planning Implementing Procedures. 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 call or email 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 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.823 to read as follows:


Sec.  165.823  Allegheny River, Monongahela River, and Ohio River, 
Pittsburgh, Pennsylvania; Regulated Navigation Area.

    (a) Location. The following is a regulated navigation area (RNA): 
The waters of the Allegheny, Monongahela, and Ohio Rivers between the 
Ninth Street Highway Bridge at mile marker (MM) 0.8 on the Allegheny 
River, Fort Pitt Highway Bridge at MM 0.22 on the Monongahela River, 
and West End-North Side Highway Bridge at MM 0.8 on the Ohio River.
    (b) Applicability. This section applies to any vessel operating 
within the RNA, 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 RNA.
    (c) Regulations. (1) No vessel shall loiter, anchor, stop, moor, 
remain or drift at any time more than 100 feet from any river bank 
within the RNA without permission of the Captain of the Port (COTP), or 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the COTP to act on his or her behalf.
    (2) 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.

    Dated: January 3, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-00198 Filed 1-14-20; 8:45 am]
 BILLING CODE 9110-04-P


