[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Rules and Regulations]
[Pages 34606-34608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14624]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2011-0235]
RIN 1625-AA08


Special Local Regulation; Monongahela River, Morgantown, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation from mile marker 101.0 (Morgantown Highway Bridge) to mile 
marker 102.0 (Morgantown Lock and Dam) on the Monongahela River, 
extending the entire width of the river. The special local regulation 
is being established to safeguard participants of the Mountaineer 
Triathlon from the hazards of marine traffic. Entry into, movement 
within, and departure from this Coast Guard regulated area is 
prohibited unless authorized by the Captain of the Port or a designated 
representative.

DATES: This proposed rule is effective from 5:45 a.m. until 10 a.m. on 
June 26, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0235 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0235 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail ENS Robyn Hoskins, Marine Safety Unit Pittsburgh, 
Coast Guard; telephone 412-644-5808 Ext. 2140, e-mail 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM). 
Publishing a NPRM would be impracticable with respect to this rule 
based on the short notice given the Coast Guard for this event. 
Immediate action is needed to safeguard participants during the 
Mountaineer Triathlon marine event from the hazards imposed by marine 
traffic.
    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. Publishing an NPRM and delaying 
its effective date would be impracticable based on the short notice 
received for the event. Immediate action is needed to provide safety 
and protection during the Mountaineer Triathlon marine event that will 
occur in the city of Morgantown, WV.

Basis and Purpose

    The Coast Guard is establishing a temporary special local 
regulation from mile marker 101.0 (Morgantown Highway Bridge) to mile 
marker 102.0 (Morgantown Lock and Dam) on the Monongahela River, 
extending the entire width of the river. The special local regulation 
is being established to safeguard participants of the Mountaineer 
Triathlon from the hazards of marine traffic.

Discussion of Rule

    The Captain of the Port Pittsburgh is establishing a temporary 
special local regulation from mile marker 101.0 (Morgantown Highway 
Bridge) to mile marker 102.0 (Morgantown Lock and Dam) on the 
Monongahela River, extending the entire width of the river. The special 
local regulation is being established to safeguard participants of the 
Mountaineer Triathlon from the hazards of marine traffic that will 
occur in the city of Morgantown, WV. Persons or vessels shall not enter 
into, depart from, or move within the regulated area without permission 
from the Captain of the Port Pittsburgh or his authorized 
representative. They may be contacted on VHF-FM Channel 13 or 16, or 
through Coast Guard Sector Ohio Valley at 1-800-253-7465. This rule is 
effective from 5:45 a.m. to 10 a.m. on June 26, 2011. The Captain of 
the Port Pittsburgh will inform the public

[[Page 34607]]

through broadcast notices to mariners of the enforcement period for the 
special local regulation as well as any changes in the planned 
schedule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders. This rule will only 
be in effect for less than one day and notifications to the marine 
community will be made through broadcast notice to mariners. The 
impacts on routine navigation are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
that portion of the waterways from mile marker 101.0 (Morgantown 
Highway Bridge) to mile marker 102.0 (Morgantown Lock and Dam) on the 
Monongahela River, from 5:45 a.m. to 10 a.m. on June 26, 2011. The 
special local regulation will not have a significant economic impact on 
a substantial number of small entities because this rule will only be 
in effect for less than one day.
    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 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management

[[Page 34608]]

systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves establishing a special local 
regulation, requiring a permit wherein an analysis of the environmental 
impact of the regulations was performed. Under figure 2-1, paragraph 
(34)(h.), of the Instruction, an environmental analysis checklist and a 
categorical exclusion determination are not required for this rule.

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: 33 U.S.C. 1233.


0
2. Add Sec.  100.T08-0235 to read as follows:


Sec.  100.T08-0235  Special Local Regulation; Monongahela River, 
Morgantown, WV.

    (a) Location. The following area is a regulated area: All waters of 
the Monongahela River, from surface to bottom, from mile marker 101.0 
(Morgantown Highway Bridge) to mile marker 102.0 (Morgantown Lock and 
Dam) on the Monongahela River, extending the entire width of the river. 
These markings are based on the USACE's Monongahela River Navigation 
Charts (Chart 1, January 2004) using North American Datum of 1983 (NAD 
1983).
    (b) Periods of enforcement. This rule will only be enforced from 
5:45 a.m. through 10 a.m. on June 26, 2011. The Captain of the Port 
Pittsburgh or a designated representative will inform the public 
through broadcast notices to mariners of the enforcement period for the 
regulated area as well as any changes in the planned schedule.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, entry into this regulated area is prohibited 
unless authorized by the Captain of the Port Pittsburgh.
    (2) Persons or vessels requiring entry into, departure from, or 
passage through a regulated area must request permission from the 
Captain of the Port Pittsburgh or a designated representative. They may 
be contacted on VHF-FM Channel 13 or 16, or through Coast Guard Sector 
Ohio Valley at 1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast 
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel 
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast 
Guard.

    Dated: May 9, 2011.
R.V. Timme,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2011-14624 Filed 6-13-11; 8:45 am]
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