[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Proposed Rules]
[Pages 1079-1080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-352]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD08-99-061]
RIN 2115-AE84
Termination of Regulated Navigation Area: Monongahela River, Mile
81.0 to 83.0
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to terminate the regulated navigation
area contained in 33 CFR 165.819. The regulated navigation area on the
Monongahela River from mile 81.0 to mile 83.0 was established to ensure
the safety of vessel traffic and workers during the construction of
Grays Landing Lock. Now that all construction on Grays Landing Lock has
been completed and the river's width is no longer restricted in this
area, the regulated navigation area is no longer required.
DATES: Comments must be received on or before March 7, 2000.
ADDRESSES: Comments can be mailed to Commanding Officer, Marine Safety
Office Pittsburgh, Kossman Bldg., Suite 1150, 100 Forbes Ave.,
Pittsburgh, PA 15222-1371 or may be delivered to the same address
between 8 a.m. and 3:30 p.m., Monday through Friday, except federal
holidays. The telephone number is (412) 644-5808. Comments will become
a part of the public docket and will be available for copying and
inspection at the same address.
FOR FURTHER INFORMATION CONTACT: LT M. D. Evanish, Project Manager,
telephone number (412) 644-5808.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD08-99-
061], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The regulated navigation area was established on November 29, 1991
to ensure the safety of vessel traffic and workers during the
construction of Grays Landing Lock. It restricted waterway traffic to
one-way passage on the Monongahela River between miles 81.0 and 83.0
with downbound vessels having right of way. The need for the Regulated
Navigation Area no longer exists because all construction on Grays
Landing Lock has been completed and the river's width is no longer
restricted in this area. Therefore, since the safety concerns that
necessitated the regulation no longer exist, this rule proposes to
remove the regulation establishing this Regulated Navigation Area in
Sec. 165.819.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
Executive Order 12866 and is not significant under the ``Department of
Transportation Regulatory Policies and Procedures'' (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full regulatory evaluation in unnecessary.
The impacts on routine navigation are expected to be minimal.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that it
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal
[[Page 1080]]
Government's having first provided the funds to pay those costs. This
proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environmental Assessment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1C this proposal is categorically
excluded from further environmental documentation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include small business and not-for-profit
organizations that are independently owned and operate, are not
dominant in their field and that otherwise qualify as ``small business
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632).
The Coast Guard expects no negative impact on small entities. Removal
of this RNA will actually facilitate commerce by making it easier for
commercial tows of all sizes to transit the area. Therefore, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposed regulation
will not have a significant economic impact on a substantial number of
small entities.
If, however, you think that your business or organization qualifies
as a small entity and that this proposed rule will have a significant
economic impact on your business or organization, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and in
what way and to what degree this proposed rule will economically affect
it.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Safety measures,
Vessels, Waterways.
Regulation
In consideration of the foregoing, the Coast Guard proposes to
amend part 165 of title 33, Code of Federal Regulations as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
Sec. 165.819 [REMOVED]
2. Section 165.819 is removed in its entirety.
Dated: December 20, 1999.
Paul J. Pluta,
Rear Admiral, Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 00-352 Filed 1-6-00; 8:45 am]
BILLING CODE 4910-15-U
