Regulated Navigation Area; Monongahela, Allegheny, and Ohio Rivers, Pittsburgh, PA
| Published date | 01 July 2019 |
| Record Number | 2019-13932 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 126 (Monday, July 1, 2019)
[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31273-31277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13932]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a regulated navigation
area for certain waters of the Monongahela, Allegheny, and Ohio Rivers
near 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 proposed rulemaking 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
would 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. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 31, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0118 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 Shawn Simeral, 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
[[Page 31274]]
DHS Department of Homeland Security
FR Federal Register
MSU Marine Safety Unit
NPRM Notice of proposed rulemaking
Sec. Section
USACE U.S. Army Corps of Engineers
U.S.C. United States Code
RNA Regulated Navigation Area
II. Background, Purpose, and Legal Basis
The Coast Guard proposes to establish a Regulated Navigation Area
(RNA) for certain waters of the Monongahela, Allegheny, and Ohio Rivers
near Pittsburgh, Pennsylvania. The confluence of these three rivers is
a high traffic area for both commercial and recreational vessels. It is
also a destination for recreational vessels to anchor and loiter during
the summer months due to the proximity of multiple entertainment
venues. The Coast Guard is concerned about the potential for collisions
between commercial and recreational vessels and the impact of vessel
congestion on maritime commerce in this area. A Map/Chartlet depicting
the area, as well as images depicting the severe vessel congestion in
this area, are included where indicated in the docket under ADDRESSES.
A. The Point of Pittsburgh
The Point of Pittsburgh is located at the confluence of the
Allegheny, Monongahela, and Ohio Rivers, and is surrounded by the city
of Pittsburgh, PA. The city of Pittsburgh is located in the Emsworth
pool, often referred to as the ``Pitt Pool,'' which forms the 24-mile
pool around the city.\1\ The Emsworth pool is the water area from
upriver of the Emsworth Locks and Dam on the Ohio River, to Lock 2 on
the Allegheny River and to the Braddock Locks and Dam on the
Monongahela River. In 2016, the U.S. Army Corps of Engineers (USACE)
ranked the Port of Pittsburgh fourth among inland waterway ports and
31st among ports in the United States for tonnage traffic. The area
around the Point of Pittsburgh also includes eight highway bridges.
These bridges create navigation limitations for tows and passenger
vessels due to piers and overhead clearance.
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\1\ ``Pool'' is a term used to describe the area between
navigation dams of the rivers.
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In addition, the Port of Pittsburgh contains 27 marinas and has 21
public boat landings, and the Pitt Pool contains 12 marinas and three
public boat launches. Over the past three years, an average of 7,860
recreational boats transited through the three locks of the Pitt Pool
annually. The Point of Pittsburgh area contains multiple entertainment
venues near the riverfront that include: A National Football League
stadium, Major League Baseball stadium, casino, United Soccer League
stadium, amphitheater, state park, science center, museums, convention
center, and various memorials, monuments, trails, and restaurants.
B. The Marine Community Concerns
A wide variety of both commercial and recreational traffic transit
the rivers around the Point, including: Barges and tow boats in transit
up bound on the Allegheny and Monongahela rivers, and down bound on the
Ohio River, ferries to the North Shore of the Ohio River for events,
passenger vessel cruises, and recreational craft. Due to the heavy
concentration of entertainment activities, the Point of Pittsburgh is a
destination for recreational craft to moor, anchor, or drift in the
area. Recreational vessels will often raft off to one another from the
shore or from an anchored vessel, creating congestion and hazardous
conditions for less maneuverable vessels transiting the river current.
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, 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,\2\
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.
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\2\ The phrase ``sailing line'' is defined as the middle of the
river as marked on the USACE river charts.
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Several commercial vessel representatives were frustrated that
recreational vessel users are not all required to have knowledge of
navigation rules prior to operating a vessel.\3\ They also stated that
during times of congestion, commercial vessels will often halt transit
of vessels or limit passenger vessel cruise areas rather than proceed
into potentially unsafe transit conditions. These events have a
negative impact on their businesses. Industry representatives discussed
their vessel size, stopping limitations, limited maneuverability, and
proximity to bridges as reasons they consider transit during congestion
as unsafe. They stated that recreational vessels often maneuver very
close to their vessels or cross in front as they transit. Everyone
agreed that the three rivers of Pittsburgh should be able to be used by
both commercial and recreational vessels, and that the safety of the
waterways users should be the top priority.
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\3\ Pennsylvania law states any person born on or after January
1, 1982, shall not operate, on the waters of this Commonwealth, a
motorboat without first obtaining a certificate of boating safety
education.
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C. Special Local Regulations
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.
On April 17, 2018, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulation; Monongahela (MM
0.22), Allegheny (MM 0.8), and Ohio Rivers (0.8), Pittsburgh, PA (83 FR
16808) for the Luke Bryan concert. There, we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
the concert. During the comment period that ended on May 2, 2018, we
received no comments. On May 18, 2018, the Coast Guard published a
temporary final rule
[[Page 31275]]
establishing the Special Local Regulation (83 FR 23218).
On April 19, 2018, the Coast Guard published an NPRM titled Special
Local Regulation; Monongahela, Allegheny, and Ohio Rivers, Pittsburgh
PA (83 FR 17333) for the Kenny Chesney concert. There, we stated why we
issued the NPRM, and invited comments on our proposed regulatory action
related to the concert. During the comment period that ended May 4,
2018, we received no comments. On May 18, 2018, the Coast Guard
published a temporary final rule establishing the Special Local
Regulation (83 FR 23224).
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
commercial vessels were able to transit safely throughout the weekend,
and positive feedback was received from industry, other government
agencies, and recreational representatives.
This NPRM proposes to establish an RNA using the same waterway
controls as were used in the previous Special Local Regulations. While
these Special Local Regulations were effective in mitigating the
hazards of heavy congestion in and around the Pitt Pool during said
events, a more permanent solution is required to handle the
consistently heavy traffic throughout peak boating season. The heavy
congestion conditions addressed by the Special Local Regulations are
present throughout the summer months, and it would be exceptionally
laborious for MSU Pittsburgh personnel to establish individual Special
Local Regulations to mitigate every instance. The Coast Guard feels
that a permanent RNA is the most effective solution for mitigating the
dangers of heavy congestion, using proven methods, with minimal impacts
to vessel traffic operating under normal waterway conditions.
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 near Pittsburgh, Pennsylvania.
The Commander of the Eighth Coast Guard District has determined that
potential hazards associated with the risk of collision in this area
would be 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 Coast Guard proposes this
rulemaking under authority in 46 U.S.C. 70041 (previously 33 U.S.C.
1231).
III. Discussion of Proposed Rule
The District Commander proposes to establish a regulated navigation
area for all navigable waters of the Allegheny, Monongahela, and Ohio
Rivers between the Ninth Street Highway Bridge at mile marker (MM) 0.8
of the Allegheny River, Fort Pitt Highway Bridge at MM 0.22 of the
Monongahela River, and West End-North Side Highway Bridge at MM 0.8 of
the Ohio River. 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. They may be contacted on VHF-FM Channel 16.
On the other hand, this rule allows vessels and people to loiter,
anchor, stop, remain, or drift within the regulated area so long as
they are within 100 feet of the shore or riverbank. By requiring all
vessels to loiter, anchor, stop, remain, or drift only within 100 feet
of the riverbanks, the center of the rivers are less likely to be
obstructed for navigating vessels. 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,
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 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 navigation 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.
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
[[Page 31276]]
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 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 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 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. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
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 http://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 165
Harbors, 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 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; 46 U.S.C. 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.
[[Page 31277]]
(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: June 11, 2019.
Paul F. Thomas,
RADM, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2019-13932 Filed 6-28-19; 8:45 am]
BILLING CODE 9110-04-P
