[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]
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