Safety Zone; Monongahela River, Miles 91.7 to 92.3, Maidsville, WV, 65085-65087 [2018-27445]
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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations
Dated: December 13, 2018.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
[FR Doc. 2018–27466 Filed 12–18–18; 8:45 am]
BILLING CODE 9110–04–P
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
■
[Docket Number USCG–2018–1091]
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
RIN 1625–AA00
Safety Zone; Monongahela River, Miles
91.7 to 92.3, Maidsville, WV
2. Add § 165.T08–0960 to read as
follows:
AGENCY:
§ 165.T08–0960 Safety Zone; Lower
Mississippi River, Mile Markers 229.5 to
230.5, Baton Rouge, LA.
SUMMARY:
■
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Coast Guard
ACTION:
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from mile
marker (MM) 229.5 to MM 230.5 above
Head of Passes, Baton Rouge, LA.
(b) Effective period. This section is
effective from 11:30 p.m. on December
31, 2018 through 1 a.m. on January 1,
2019.
(c) Regulations. (1) Under the general
safety zone regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Sector New Orleans
(COTP) or a designated representative.
A designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector New Orleans.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative via VHF–FM Channel 16
or 67, or through the Marine Safety Unit
Baton Rouge Officer of the Day at 225–
281–4789.
(3) All persons and vessels permitted
to enter this safety zone must transit at
the slowest safe speed and comply with
all lawful directions issued by the COTP
or the designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement times and date for this
safety zone through Broadcast Notices to
Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
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Jkt 247001
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Monongahela
River from mile 91.7 to mile 92.3. This
safety zone is necessary to protect
persons, vessels, and the marine
environment from potential hazards
associated with shore side construction
activities. Entry of persons or vessels
into this zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh or a
designated representative.
DATES: This rule is effective without
actual notice from December 19, 2018
until December 21, 2018.
For the purposes of enforcement,
actual notice will be used from
December 14, 2018 until December 19,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1091 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Jennifer Haggins,
Marine Safety Unit Pittsburgh, U.S.
Coast Guard; telephone 412–221–0807,
email Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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65085
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. This safety zone must be
established by December 14, 2018 and
we lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the safety
zone until after the date of the shore
side construction and compromise
public safety.
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. Delaying this rule would be
contrary to the public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with the shore side
construction work involving a
helicopter lifting heavy equipment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) has determined that
potential hazards associated with shore
side construction work will be a safety
hazard for anyone within a one-mile
stretch of the Monongahela River. The
rule is needed to protect persons,
vessels, and the marine environment on
the navigable waters within the safety
zone before, during, and after the
construction is complete and the
helicopter is away from the area.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 9 a.m. through 6 p.m.
on December 14, 2018 through
December 21, 2018. The safety zone will
cover all navigable waters of the
Monongahela River, from mile 91.7 to
mile 92.3. The duration of the zone is
intended to protect persons, vessels, and
the marine environment on these
navigable waters before, during, and
after the shore side construction. No
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65086
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Marine
Safety Unit Pittsburgh. Persons and
vessels seeking entry into this safety
zone must request permission from the
COTP or a designated representative.
They may be contacted on VHF–FM
Channel 16 or by telephone at (412)
221–0807. Persons and vessels
permitted to enter this safety zone must
transit at their slowest safe speed and
comply with all lawful instructions of
the COTP or a designated
representative. The COTP or a
designated representative will inform
the public of the enforcement period for
the safety zone as well as any changes
in the schedule through Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins
(MSIBs), as appropriate.
V. Regulatory Analyses
We developed this 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.
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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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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, duration, and
location of the safety zone. This rule
will impact a small designated area of
the Monongahela River of only one mile
and for only eight days. Moreover, the
Coast Guard will issue MSIBs, LNMs,
BNMs via VHF–FM marine channel 16
about the zone, and the rule allows
vessels to seek permission to enter the
zone.
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16:29 Dec 18, 2018
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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 rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the
temporary safety zone may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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 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.
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.
C. Collection of Information
This rule will 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
PO 00000
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power and responsibilities among the
various levels of government. We have
analyzed this 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 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this 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
determined 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 rule involves a safety
zone lasting eight days that will prohibit
entry on a one-mile stretch of the
Monongahela River. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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
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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
INFORMATION CONTACT
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 amends 33
CFR part 165 as follows:
The Postal Service will correct the
BRM/QBRM postage anomaly by
applying the retail ‘‘stamped’’ letter
price to basic and high volume BRM. To
offset the postage increase, basic and
high volume BRM per piece fees have
decreased.
Picture Permit Imprint Indicia
39 CFR Part 111
New Mailing Standards for Domestic
Mailing Services Products
Postal Service TM.
ACTION: Final rule.
AGENCY:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–1091 to read as
follows:
■
§ 165.T08–1091 Safety Zone; Monongahela
River, miles 91.7 to 92.3, Maidsville, WV.
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Dated: December 14, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
POSTAL SERVICE
1. The authority citation for part 165
continues to read as follows:
(a) Location. The following area is a
safety zone: All navigable waters of the
Monongahela River from mile 91.7 to
mile 92.3.
(b) Effective period. This section is
effective without actual notice from
December 19, 2018 until December 21,
2018. For the purposes of enforcement,
actual notice will be used from
[December 14, 2018 until December 19,
2018].
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Marine Safety Unit Pittsburgh.
(2) Persons and vessels seeking entry
into this safety zone must request
permission from the COTP or a
designated representative. They may be
contacted on VHF–FM Channel 16 or by
telephone at (412) 221–0807.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful instructions of the COTP
or a designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement period for the safety zone
as well as any changes in the schedule
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
Jkt 247001
Correcting Business Reply Mail®/
Qualified Business Reply Mail TM (BRM/
QBRM TM) Postage Anomaly
BILLING CODE 9110–04–P
■
16:29 Dec 18, 2018
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
[FR Doc. 2018–27445 Filed 12–18–18; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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65087
Small Parcel Forwarding Fee
On October 10, 2018, the
Postal Service filed a notice of mailing
services price adjustments with the
Postal Regulatory Commission (PRC),
effective January 27, 2019. This final
rule contains the revisions to Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM®)
to implement the changes coincident
with the price adjustments and other
minor DMM changes.
DATES: Effective: January 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Erwin at (202) 268–2158.
SUPPLEMENTARY INFORMATION: On
November 13, 2018, the PRC found that
the price adjustments proposed by the
Postal Service may take effect as
planned. The price adjustments and
DMM revisions are scheduled to become
effective on January 27, 2019. Final
prices are available under Docket No.
R2019–1 (Order No. 4875) on the Postal
Regulatory Commission’s website at
www.prc.gov.
SUMMARY:
Comments on Proposed Changes and
USPS Responses
The Postal Service did not receive any
formal comments on the October 17,
2018 proposed rule.
The Postal Service’s final rule
includes the following changes:
Periodicals Address Corrections for
Alternate Addressed NonsubscriberNonrequester Copies
The Postal Service will introduce a
specifically tailored Periodicals Service
Type ID (STID) for publishers to include
in the Intelligent Mail® barcode (IMb®)
along with authorized alternative
addressing formats. Publishers will no
longer receive address-related notices if
the address is vacant or not deliverable.
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The Postal Service will eliminate the
Full-service requirement on commercial
mailings of First-Class Mail® or USPS
Marketing Mail® postcards, letters, or
flats using picture permit imprint
indicia.
The Postal Service will add a small
parcel forwarding fee for USPS
Marketing Mail parcels, endorsed
‘‘Change Service Requested’’ under
‘‘Option 2’’ (ACS only), that are
forwarded due to an active change-ofaddress.
Overweight Item Charge
The Postal Service will introduce a
charge for items identified in the postal
network that exceed the 70 pound
weight limit for Postal Service products,
and are therefore nonmailable.
Overweight items identified in the
postal network will be assessed a $100
charge payable before release of the
item, unless the item is discovered at
the same facility where it was entered.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
*
*
*
*
*
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR part 111 is
amended as follows:
PART 111—[AMENDED.]
1. The authority citation for part 111
continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM) as follows:
■
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]]>Agencies
[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Rules and Regulations]
[Pages 65085-65087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27445]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1091]
RIN 1625-AA00
Safety Zone; Monongahela River, Miles 91.7 to 92.3, Maidsville,
WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Monongahela River from mile 91.7 to mile
92.3. This safety zone is necessary to protect persons, vessels, and
the marine environment from potential hazards associated with shore
side construction activities. Entry of persons or vessels into this
zone is prohibited unless authorized by the Captain of the Port Marine
Safety Unit Pittsburgh or a designated representative.
DATES: This rule is effective without actual notice from December 19,
2018 until December 21, 2018.
For the purposes of enforcement, actual notice will be used from
December 14, 2018 until December 19, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1091 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. This
safety zone must be established by December 14, 2018 and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone until after the date
of the shore side construction and compromise public safety.
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. Delaying this rule would be
contrary to the public interest because immediate action is necessary
to respond to the potential safety hazards associated with the shore
side construction work involving a helicopter lifting heavy equipment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has
determined that potential hazards associated with shore side
construction work will be a safety hazard for anyone within a one-mile
stretch of the Monongahela River. The rule is needed to protect
persons, vessels, and the marine environment on the navigable waters
within the safety zone before, during, and after the construction is
complete and the helicopter is away from the area.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9 a.m. through 6
p.m. on December 14, 2018 through December 21, 2018. The safety zone
will cover all navigable waters of the Monongahela River, from mile
91.7 to mile 92.3. The duration of the zone is intended to protect
persons, vessels, and the marine environment on these navigable waters
before, during, and after the shore side construction. No
[[Page 65086]]
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Marine Safety Unit Pittsburgh. Persons and vessels seeking
entry into this safety zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM Channel 16
or by telephone at (412) 221-0807. Persons and vessels permitted to
enter this safety zone must transit at their slowest safe speed and
comply with all lawful instructions of the COTP or a designated
representative. The COTP or a designated representative will inform the
public of the enforcement period for the safety zone as well as any
changes in the schedule through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
V. Regulatory Analyses
We developed this 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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,
duration, and location of the safety zone. This rule will impact a
small designated area of the Monongahela River of only one mile and for
only eight days. Moreover, the Coast Guard will issue MSIBs, LNMs, BNMs
via VHF-FM marine channel 16 about the zone, and the rule allows
vessels to seek permission to enter the zone.
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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
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 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.
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.
C. Collection of Information
This rule will 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 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 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 rule involves
a safety zone lasting eight days that will prohibit entry on a one-mile
stretch of the Monongahela River. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.
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
[[Page 65087]]
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.
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 amends
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: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T08-1091 to read as follows:
Sec. 165.T08-1091 Safety Zone; Monongahela River, miles 91.7 to 92.3,
Maidsville, WV.
(a) Location. The following area is a safety zone: All navigable
waters of the Monongahela River from mile 91.7 to mile 92.3.
(b) Effective period. This section is effective without actual
notice from December 19, 2018 until December 21, 2018. For the purposes
of enforcement, actual notice will be used from [December 14, 2018
until December 19, 2018].
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Marine Safety
Unit Pittsburgh.
(2) Persons and vessels seeking entry into this safety zone must
request permission from the COTP or a designated representative. They
may be contacted on VHF-FM Channel 16 or by telephone at (412) 221-
0807.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
instructions of the COTP or a designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement period for the
safety zone as well as any changes in the schedule through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs), as appropriate.
Dated: December 14, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2018-27445 Filed 12-18-18; 8:45 am]
BILLING CODE 9110-04-P
