Safety Zone; Monongahela River Mile 23.8 to Mile 26.0, Pittsburgh, PA, 17030-17032 [2020-06243]
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Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 / Rules and Regulations
Act. The BIE’s annual report card will
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with all BIE-funded school report cards.
§ 30.126 What information collections
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The collections of information in this
part have been approved by the Office
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Dated: December 20, 2019.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
Editorial note: This document was
received for publication by the Office of the
Federal Register on March 19, 2020.
[FR Doc. 2020–06148 Filed 3–25–20; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0058]
RIN 1625–AA00
Safety Zone; Monongahela River Mile
23.8 to Mile 26.0, Pittsburgh, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
lotter on DSKBCFDHB2PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Monongahela
River from mile 23.8 to mile 26.0. This
action is necessary to protect persons,
vessels, and the marine environment
from potential hazards associated with
power line work across the river near
Elrama Power Plant, Pittsburgh, PA,
during an electrical conductor pull from
March 23, 2020 through April 6, 2020.
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 March 26, 2020
through April 6, 2020. For the purposes
of enforcement, actual notice will be
used from March 23, 2020 through
March 26, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
VerDate Sep<11>2014
15:56 Mar 25, 2020
Jkt 250001
www.regulations.gov, type USCG–2020–
0058 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 MST2 Trevor Vannatta,
Waterways Management U.S. Coast
Guard; telephone 412–221–0807, email
Trevor.J.Vannatta@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
II. Background Information and
Regulatory History
On November 12, 2019, the Duquesne
Light Company notified the Coast Guard
that it will be conducting an electrical
conductor pull on March 23, 2020, in
order to replace existing electrical
conductor with new higher ampacity
electrical conductor. The conductor pull
will take place between mile 23.8 and
mile 26 on the Elrama Power Plant side
of the Monongahela River. In response,
on February 3, 2020, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled USCG–2020–
0058_NPRM_D8 (85 FR 5909). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this
conductor pull project. During the
comment period that ended March 4,
2020, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Pittsburgh (COTP)
has determined that potential hazards
from the conductor pull include danger
to the navigability of the waterway due
to obstruction by equipment. The
Captain of the Port (COTP) Marine
Safety Unit Pittsburgh has determined
that potential hazards associated with
ongoing work would be a safety concern
for anyone transiting the river during
the maintenance activity. Possible
hazards include risks of injury or death
from near or actual contact among
working vessels and mariners traversing
through the safety zone.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
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February 3, 2020. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone
from March 23, 2020 through April 6,
2020. The safety zone would cover all
navigable waters from mile 23.8 to mile
26.0 on the Monongahela River near
Pittsburgh, PA. The duration of the zone
is intended to ensure the safety of
vessels and these navigable waters
before, during, and after a scheduled
maintenance activity at the Elrama
Power Plant. No vessel or person would
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.
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. Breaks in the conductor
pull will occur during the enforcement
periods, which will allow vessels to
pass through the safety zone. 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.
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Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 / Rules and Regulations
This regulatory action determination
is based on the size, location, and
duration of the safety zone. The zone
will impact a 2.2 mile stretch of the
Monongahela River and only be
enforced during active maintenance
periods, and vessel traffic would be able
to safely transit around the safety zone.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
lotter on DSKBCFDHB2PROD with RULES
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 received 0 comments
from the Small Business Administration
on this rulemaking. 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 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 call or email 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
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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.
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, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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 from mile 23.8 to mile 26.0 on the
Monongahela River near Pittsburgh, PA
from March 23, 2020 through April 6,
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17031
2020. 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. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 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.T08–0058 to read as
follows:
■
§ 165.T08–0058 Safety Zone;
Monongahela, Mile 23.8 to Mile 26.0,
Pittsburgh, PA
(a) Location. The following area is a
safety zone: All navigable waters of the
Monongahela River from mile 23.8 to
mile 26.
(b) Effective period. This section is
effective from March 23, 2020 through
April 6, 2020.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
of persons and vessels into this zone is
prohibited unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP or a
designated representative. The COTP’s
representative may be contacted at (412)
221–0807 or on VHF–FM Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
COTP or a designated representative.
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Federal Register / Vol. 85, No. 59 / Thursday, March 26, 2020 / Rules and Regulations
Designated COTP representatives
include United States Coast Guard
commissioned, warrant, and petty
officer.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Local Notice
to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine
Safety Information Bulletins (MSIBs), as
appropriate.
Dated: March 20, 2020.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2020–06243 Filed 3–25–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0838; FRL–10006–
95–Region 4]
Air Plan Approval; Tennessee; Volatile
Organic Compounds Definition Rule
Revision for Chattanooga
Environmental Protection
Agency (EPA).
ACTION: Final rule.
lotter on DSKBCFDHB2PROD with RULES
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a revision to
the Chattanooga portion of the
Tennessee State Implementation Plan
(SIP), provided by the Tennessee
Department of Environment and
Conservation on behalf of the
Chattanooga-Hamilton County Air
Pollution Control Bureau (Bureau)
through a letter dated September 12,
2018. The revision makes changes to the
definition of volatile organic
compounds (VOC) that are consistent
with changes to state and federal
regulations. EPA is approving the
changes because they are consistent
with the Clean Air Act (CAA or Act).
DATES: This rule will be effective April
27, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2018–0838. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
VerDate Sep<11>2014
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Jkt 250001
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division
(formerly the Air, Pesticides and Toxics
Management Division), U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Evan Adams of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9009. Mr. Adams can also be reached
via electronic mail at adams.evan@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is taking final action to approve
changes to the Chattanooga portion of
the Tennessee SIP 1 that were provided
to EPA through a letter dated September
12, 2018.2 EPA is finalizing approval of
the portions of this SIP revision that
make changes to air quality rules in
Chattanooga Ordinance Part II, Chapter
4, Section 4–2, Definitions.3 4 5 The
1 The Bureau is comprised of Hamilton County
and the municipalities of Chattanooga, Collegedale,
East Ridge, Lakesite, Lookout Mountain, Red Bank,
Ridgeside, Signal Mountain, Soddy Daisy, and
Walden. The Bureau recommends regulatory
revisions, which are subsequently adopted by the
eleven jurisdictions. The Bureau then implements
and enforces the regulations, as necessary, in each
jurisdiction.
2 EPA received the SIP revision on September 18,
2018.
3 In this final action, EPA is also approving
substantively identical changes in the following
sections of the Air Pollution Control Regulations/
Ordinances for the remaining jurisdictions within
the Bureau, which were locally effective as of the
relevant dates below: Hamilton County—Section 2
(9/6/17); City of Collegedale—Section 14–302 (10/
16/17); City of East Ridge—Section 8–2 (10/12/17);
City of Lakesite—Section 14–2 (11/2/17); City of
Red Bank—Section 20–2 (11/21/17); City of SoddyDaisy—Section 8–2 (10/5/17); City of Lookout
Mountain—Section 2 (11/14/17); City of
Ridgeside—Section 2 (1/16/18); City of Signal
Mountain—Section 2 (10/20/17); and Town of
Walden—Section 2 (10/16/17).
4 Because the air pollution control regulations/
ordinances adopted by the jurisdictions within the
Bureau are substantively identical, EPA refers
solely to Chattanooga and the Chattanooga rules
throughout the notice as representative of the other
ten jurisdictions for brevity and simplicity.
5 EPA finalized its approval of a separate portion
of the September 12, 2018 SIP submittal through a
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September 12, 2018, SIP revision makes
changes to the definition of ‘‘Volatile
Organic Compounds’’ in paragraphs 1
and 2 of that section to make the
Chattanooga portion consistent with
changes to Federal and SIP-approved
Tennessee regulations.
In a notice of proposed rulemaking
(NPRM) published on May 20, 2019 (84
FR 22786), EPA proposed to approve the
aforementioned changes to Part II,
Chapter 4, Section 4–2, Definitions, in
the Chattanooga portion of the
Tennessee SIP. The NPRM provides
additional details regarding EPA’s
action. Comments on the NPRM were
due on or before June 19, 2019. EPA
received one comment on the proposed
action. That comment is discussed
below. EPA issued a minor clarification
of its May 20, 2019 NPRM in a second
NPRM published on November 25, 2019
(84 FR 64806) which also included a
proposal to approve changes to
Chattanooga’s SIP-approved open
burning rules. EPA received two
comments on the proposed action
regarding the open burning rules, which
are not relevant to the changes to Part
II, Chapter 4, Section 4–2, Definitions
and will be addressed in a separate final
action.
II. Response to Comment
Comment: The Commenter asks why
EPA needs to approve this SIP revision
and suggests that states should not have
to update their regulations and SIP
whenever EPA changes a definition. The
Commenter also suggests that EPA
should establish a policy exempting
such changes from needing a SIP
revision and EPA approval.
Response: Although the purpose of
the SIP revision is to make the
definition of VOC in the Chattanooga
portion of the Tennessee SIP consistent
with the definition of VOC in the
Federal and SIP-approved Tennessee
regulations, EPA did not impose a
requirement that Tennessee or the
Bureau, or any other state or local
entity, revise its SIP to adopt the
changes to the Federal definition that
are addressed in the September 12, 2018
SIP revision. As explained herein and in
the NPRM, see 84 FR at 22786, the
Bureau, through Tennessee, requested
this SIP revision, which has the effect of
excluding additional compounds
regulated as VOC. Pursuant to CAA
section 110(k)(3), 42 U.S.C. 7410(k)(3),
‘‘EPA shall approve’’ a SIP revision ‘‘if
it meets all of the applicable
requirements’’ of the Act. Thus, as a
July 31, 2019 (84 FR 37099) rulemaking. EPA will
act on the remaining portions of the September 12,
2018 submittal in a separate action.
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]]>Agencies
[Federal Register Volume 85, Number 59 (Thursday, March 26, 2020)]
[Rules and Regulations]
[Pages 17030-17032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06243]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0058]
RIN 1625-AA00
Safety Zone; Monongahela River Mile 23.8 to Mile 26.0,
Pittsburgh, PA
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 23.8 to mile
26.0. This action is necessary to protect persons, vessels, and the
marine environment from potential hazards associated with power line
work across the river near Elrama Power Plant, Pittsburgh, PA, during
an electrical conductor pull from March 23, 2020 through April 6, 2020.
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 March 26, 2020
through April 6, 2020. For the purposes of enforcement, actual notice
will be used from March 23, 2020 through March 26, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0058 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 MST2 Trevor Vannatta, Waterways Management U.S. Coast
Guard; telephone 412-221-0807, email [email protected].
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
On November 12, 2019, the Duquesne Light Company notified the Coast
Guard that it will be conducting an electrical conductor pull on March
23, 2020, in order to replace existing electrical conductor with new
higher ampacity electrical conductor. The conductor pull will take
place between mile 23.8 and mile 26 on the Elrama Power Plant side of
the Monongahela River. In response, on February 3, 2020, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled USCG-
2020-0058_NPRM_D8 (85 FR 5909). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
conductor pull project. During the comment period that ended March 4,
2020, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Pittsburgh
(COTP) has determined that potential hazards from the conductor pull
include danger to the navigability of the waterway due to obstruction
by equipment. The Captain of the Port (COTP) Marine Safety Unit
Pittsburgh has determined that potential hazards associated with
ongoing work would be a safety concern for anyone transiting the river
during the maintenance activity. Possible hazards include risks of
injury or death from near or actual contact among working vessels and
mariners traversing through the safety zone.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
February 3, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone from March 23, 2020 through
April 6, 2020. The safety zone would cover all navigable waters from
mile 23.8 to mile 26.0 on the Monongahela River near Pittsburgh, PA.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after a scheduled
maintenance activity at the Elrama Power Plant. No vessel or person
would 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. 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. Breaks in the conductor pull will occur during the
enforcement periods, which will allow vessels to pass through the
safety zone. 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.
[[Page 17031]]
This regulatory action determination is based on the size,
location, and duration of the safety zone. The zone will impact a 2.2
mile stretch of the Monongahela River and only be enforced during
active maintenance periods, and vessel traffic would be able to safely
transit around the safety zone. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow 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 received 0 comments from the Small Business
Administration on this rulemaking. 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
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
call or email 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.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 from mile 23.8 to mile 26.0 on the Monongahela River near
Pittsburgh, PA from March 23, 2020 through April 6, 2020. 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. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER 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: 46 U.S.C. 70034, 70051; 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.T08-0058 to read as follows:
Sec. 165.T08-0058 Safety Zone; Monongahela, Mile 23.8 to Mile 26.0,
Pittsburgh, PA
(a) Location. The following area is a safety zone: All navigable
waters of the Monongahela River from mile 23.8 to mile 26.
(b) Effective period. This section is effective from March 23, 2020
through April 6, 2020.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of persons and vessels into this zone is prohibited
unless authorized by the Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the COTP or a designated
representative. The COTP's representative may be contacted at (412)
221-0807 or on VHF-FM Channel 16.
(3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative.
[[Page 17032]]
Designated COTP representatives include United States Coast Guard
commissioned, warrant, and petty officer.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
Dated: March 20, 2020.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2020-06243 Filed 3-25-20; 8:45 am]
BILLING CODE 9110-04-P
