[Federal Register Volume 65, Number 101 (Wednesday, May 24, 2000)]
[Rules and Regulations]
[Pages 33449-33450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13013]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD08-00-010]
RIN 2115-AE84


Termination of Regulated Navigation Area: Monongahela River, Mile 
81.0 to 83.0

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is terminating the regulated navigation area 
on the Monongahela River from mile 81.0 to mile 83.0. The regulated 
navigation area had been 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: This rule is effective April 28, 2000.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of CGD08-00-010 and are available for inspection or copying at 
Marine Safety Office Pittsburgh between 8 a.m. and 3:30 p.m., Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: LT M. D. Evanish, Project Manager, 
telephone number (412) 644-5808.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 7, 2000 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Termination of Regulated Navigation Area: 
Monongahela River, Mile 81.0 to 83.0 in the Federal Register (65 FR 
005). The Coast Guard received no letters commenting on the proposed 
rule. No public hearing was requested, and none was held.

Background and Purpose

    The regulated navigation area was established on November 29, 1991 
to

[[Page 33450]]

ensure the safety of vessel traffic and workers during the construction 
of Grays Landing Lock. 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 removes the regulation establishing this 
Regulated Navigation Area in Sec. 165.819.

Discussion of Comments and Changes

    No comments were received.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT)(44 FR 11040, February 26, 
1979).
    The Coast Guard expects the economic impact of this rule to be 
minimal therefore a full regulatory evaluation is unnecessary. The 
impact on routine navigation is expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could 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).

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

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 Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will 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 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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.C, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Safety measures, 
Vessels, Waterways.

PART 165--[AMENDED]

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:
    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: April 28, 2000.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 00-13013 Filed 5-23-00; 8:45 am]
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