Safety Zone; Monongahela River Mile Marker 122-122.5, Rivesville, WV, 32713-32715 [2023-10765]
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<![CDATA[
Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has 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 proposed
rule promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0188 in the search box and
click ‘‘Search.’’ Next, look for this
document in the ‘‘Search Results’’
column, and click on it. Then click on
the ‘‘Comment’’ option. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
VerDate Sep<11>2014
17:48 May 19, 2023
Jkt 259001
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Additionally, if you go to the online
docket and sign up for email alerts, you
will be notified when comments are
posted, or a final rule is published of
any posting or updates to the docket.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
2.24; the City of Cleveland Railroad
Bridge, mile 2.42; the Carter Road
Bridge, mile 2.43; the Norfolk Southern
Railroad Bridge the West 3rd Street
Bridge, mile 3.42; the CSX Railroad
Bridge, mile 4.75; the Cleveland Cliffs
Railroad Bridge #1, mile 5.42; and the
Wheeling & Lake Erie Railroad Bridge.
(c) The Voinovich Pedestrian Bridge,
at the mouth of North Coast Harbor, will
open on signal except from December 15
through March 31 when the bridge will
open if a 12-hour advance notice is
provided.
Dated: May 15, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting
Commander, Ninth Coast Guard District.
[FR Doc. 2023–10731 Filed 5–19–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
1. The authority citation for part 117
continues to read as follows:
33 CFR Part 165
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
RIN 1625–AA00
■
■
2. Add § 117.848 to read as follows:
§ 117.848
Frm 00021
Fmt 4702
Sfmt 4702
[Docket Number USCG–2023–0364]
Safety Zone; Monongahela River Mile
Marker 122–122.5, Rivesville, WV
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
Cleveland Harbor.
(a) The Norfolk Southern Railroad
Bridge, mile 0.76, will open on signal.
(1) The bridge owner will maintain
and monitor a VHF–FM Marine Radio,
and telephone.
(2) The bridge will display a clock
that counts down the estimated time of
the next bridge opening that is visible to
vessels approaching from the upriver or
downriver side of the bridge.
(3) The bridge will also display a sign
readable from vessels approaching the
bridge from upriver or down river and
readable for 500 feet that states:
(i) The name of the bridge;
(ii) The river mile;
(iii) That the bridge is remotely
operated; and
(iv) The opening signal of the bridge
is one prolonged blast followed by one
short blast of the horn or VHF–FM
Marine Radio Channel 16, or by calling
the number posted by the owner.
(b) All remaining moveable vehicle
and railroad bridges on the Cuyahoga
River will open on signal, except from
December 15 through March 31 when
the bridges will open if a 12-hour
advance notice is provided. Said bridges
include: Willow Avenue Bridge at Mile
1.02; Center Street Bridge, mile 1.28; the
Columbus Road Bridge, mile 1.93; the
Flats Industrial Railroad Bridge, mile
PO 00000
32713
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
the Monongahela River at mile marker
122–122.5 from 10 p.m. through 10:30
p.m. This action is necessary to provide
for the safety of life on these navigable
waters during firework display on July
2, 2023. This proposed rulemaking
would prohibit persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Pittsburgh (COTP) or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 21, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0364 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LTJG Eyobe
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\22MYP1.SGM
22MYP1
32714
Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Proposed Rules
Mills, Marine Safety Unit Pittsburgh,
U.S. Coast Guard; at telephone 412–
221–0807 ext. 225, email Eyobe.D.
Mills@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 11, 2023, the Town of
Rivesville notified the Coast Guard that
it will be conducting a firework show
display from 10 p.m. through 10:30 p.m.
on July 2, 2023. The firework display
will be conducted on land and the
fallout zone will be approximately 100
feet into the Monongahela River.
Hazards from the firework show
displays include dangerous projectiles
and falling firework debris.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the safety zone
before, during, and after the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
temporary safety zone from 10 p.m.
through 10:30 p.m. on July 2, 2023. The
safety zone would cover all navigable
waters on the Monongahela River from
mile 122 to mile 122.5. The duration of
the zone is intended to ensure the safety
of vessels and these navigable waters
before, during, and after the scheduled
firework display. No vessel or person
would be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. The regulatory text we
are proposing appears at the end of this
document.
ddrumheller on DSK120RN23PROD with PROPOSALS1
IV. Regulatory Analyses
We developed this proposed 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.
VerDate Sep<11>2014
17:48 May 19, 2023
Jkt 259001
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on size, location, and duration
of the temporary safety zone. This safety
zone impacts 0.5 miles stretch of the
Monongahela River for a short amount
of time of 30 minutes on one evening.
Vessel traffic will be informed about the
safety zone through local notice to
mariners. Moreover, the Coast Guard
will issue Local Notice to Marines,
Broadcast Notice to Mariner via VHF–
FM marine channel 16 about the zone
and the rule allows vessels to seek
permission from the COTP to transit 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 proposed rule would 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
IV.A above, this proposed rule would
not have a significant economic impact
on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed 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.
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 proposed rule. If the
proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
Tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
Tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
E:\FR\FM\22MYP1.SGM
22MYP1
Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Proposed Rules
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 proposed
rule involves a temporary safety zone
lasting 30 minutes that would prohibit
entry within the Monongahela River
from mile 122 to mile 122.5. Normally
such actions are categorically excluded
from further review under paragraph
L[60a] of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary 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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0364 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
VerDate Sep<11>2014
17:48 May 19, 2023
Jkt 259001
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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 is proposing
to amend 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, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0364 to read as
follows:
■
§ 165.T08–0364 Safety Zone; Monongahela
River, Miles 122–122.5, Rivesville, WV.
(a) Location. The following area is a
temporary safety zone: all navigable
waters of the Allegheny River from mile
122 to mile 122.5.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Pittsburgh (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
32715
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by phone at 412–670–
4288. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement period. This section
will be enforced from 10 p.m. through
10:30 p.m. on July 2, 2023.
Eric J. Velez.
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2023–10765 Filed 5–19–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2023–0197; FRL–10826–
01–R7]
Air Plan Approval; State of Missouri;
Construction Permits by Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Missouri State
Implementation Plan (SIP) received on
August 4, 2022. The submission
removes a provision in the Missouri
regulation ‘‘Construction Permits By
Rule’’ that allows the burning of illegal
and waste pharmaceutical drugs in
crematories and animal incinerators. In
the previous revision, submitted to EPA
on March 7, 2019, EPA approved
selected revisions of the rule but did not
act on a portion of the revision that
included the disposal of
pharmaceuticals in crematories and
animal incinerators because it conflicted
with federal requirements on the
incineration of illegal and waste
pharmaceuticals. By removing the
conflicting language, approval of these
revisions will ensure consistency
between State and federally approved
rules. These revisions along with other
minor text changes are administrative in
nature and do not impact the stringency
of the SIP or air quality. The EPA’s
proposed approval of this rule revision
is in accordance with the requirements
of the Clean Air Act (CAA).
DATES: Comments must be received on
or before June 21, 2023.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2023–0197 to
SUMMARY:
E:\FR\FM\22MYP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Proposed Rules]
[Pages 32713-32715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10765]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0364]
RIN 1625-AA00
Safety Zone; Monongahela River Mile Marker 122-122.5, Rivesville,
WV
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for the Monongahela River at mile marker 122-122.5 from 10 p.m.
through 10:30 p.m. This action is necessary to provide for the safety
of life on these navigable waters during firework display on July 2,
2023. This proposed rulemaking would prohibit persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Pittsburgh (COTP) or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 21, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0364 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LTJG Eyobe
[[Page 32714]]
Mills, Marine Safety Unit Pittsburgh, U.S. Coast Guard; at telephone
412-221-0807 ext. 225, email Eyobe.D. [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 11, 2023, the Town of Rivesville notified the Coast Guard
that it will be conducting a firework show display from 10 p.m. through
10:30 p.m. on July 2, 2023. The firework display will be conducted on
land and the fallout zone will be approximately 100 feet into the
Monongahela River. Hazards from the firework show displays include
dangerous projectiles and falling firework debris.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the safety zone before, during, and
after the scheduled event. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary safety zone from 10
p.m. through 10:30 p.m. on July 2, 2023. The safety zone would cover
all navigable waters on the Monongahela River from mile 122 to mile
122.5. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled firework display. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on size, location,
and duration of the temporary safety zone. This safety zone impacts 0.5
miles stretch of the Monongahela River for a short amount of time of 30
minutes on one evening. Vessel traffic will be informed about the
safety zone through local notice to mariners. Moreover, the Coast Guard
will issue Local Notice to Marines, Broadcast Notice to Mariner via
VHF-FM marine channel 16 about the zone and the rule allows vessels to
seek permission from the COTP to transit 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
proposed rule would 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 IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have Tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian Tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination
[[Page 32715]]
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 proposed rule involves a temporary safety zone
lasting 30 minutes that would prohibit entry within the Monongahela
River from mile 122 to mile 122.5. Normally such actions are
categorically excluded from further review under paragraph L[60a] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary 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. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0364 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0364 to read as follows:
Sec. 165.T08-0364 Safety Zone; Monongahela River, Miles 122-122.5,
Rivesville, WV.
(a) Location. The following area is a temporary safety zone: all
navigable waters of the Allegheny River from mile 122 to mile 122.5.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Pittsburgh (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by phone at 412-670-4288. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 10 p.m.
through 10:30 p.m. on July 2, 2023.
Eric J. Velez.
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit
Pittsburgh.
[FR Doc. 2023-10765 Filed 5-19-23; 8:45 am]
BILLING CODE 9110-04-P
