Safety Zone; Mississippi River, Mile Marker 230 to Mile Marker 234, in the Vicinity of Baton Rouge, LA, 60733-60736 [2011-25182]
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Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Rules and Regulations
If
you have questions on this rule, call or
e-mail Mr. Joe Arca, Project Officer,
First Coast Guard District, joe.m.arca@
uscg.mil, or telephone (212) 668–7165.
If you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION: The
Oceanic Bridge, across the Navesink
(Swimming) River, mile 4.5, between
Oceanic and Locust Point, New Jersey,
has a vertical clearance in the closed
position of 22 feet at mean high water
and 24 feet at mean low water. The
drawbridge operation regulations are
listed at 33 CFR 117.734.
The vessel traffic that normally
transits the bridge are seasonal
recreational vessels.
The owner of the bridge, County of
Monmouth New Jersey, requested a
temporary deviation from the
regulations to facilitate bridge
rehabilitation repairs. During the bridge
repairs only one moveable span can be
opened for the passage of vessel traffic.
The navigation channel under the
bridge provides 75 feet of horizontal
clearance with unobstructed vertical
clearance in the open position.
During this temporary deviation the
horizontal clearance in the main
channel will provide 37.5 feet of
horizontal clearance keeping one
moveable span in the closed position.
The Coast Guard believes that this
temporary deviation meets the
reasonable needs of navigation because
the recreational users that normally use
this bridge do not operate during the
winter months when this deviation will
be in effect and the 37.5 feet of
horizontal clearance should be
sufficient for the seasonal recreational
vessel traffic that uses this waterway.
Under this temporary deviation the
Oceanic Bridge may open only one of
the two moveable spans for the passage
of vessel traffic between October 31,
2011 and April 27, 2012.
Vessels that can pass under the bridge
in the closed position may do so at any
time.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
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FOR FURTHER INFORMATION CONTACT:
Dated: September 19, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2011–25177 Filed 9–29–11; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0846]
Drawbridge Operation Regulations;
Narrow Bay, Smith Point, NY
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Smith Point Bridge,
6.1, across Narrow Bay, between Smith
Point and Fire Island, New York. The
deviation is necessary to facilitate
bridge rehabilitation. This deviation
allows the bridge to open only one of
the two moveable spans for the passage
of vessel traffic.
DATES: This deviation is effective from
September 26, 2011 through December
21, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0846 and are available online at
https://www.regulations.gov, inserting
USCG–2011–0846 in the ‘‘Keyword’’
and then clicking ‘‘Search’’. They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Ms. Judy Leeung-Yee, Project
Officer, First Coast Guard District,
judy.k.leung-yee@uscg.mil, or telephone
(212) 668–7165. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The Smith
Point Bridge, across Narrow Bay, mile
6.1, between Smith Point and Fire
Island, New York, has a vertical
clearance in the closed position of 16
feet at mean high water and 18 feet at
mean low water. The drawbridge
operation regulations are listed at 33
CFR 117.799(d).
The waterway users are recreational
vessels of various sizes.
The owner of the bridge, Suffolk
County Department of Public Works,
requested a temporary deviation from
the regulations to facilitate bridge
SUMMARY:
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60733
rehabilitation, repairs to the bascule
spans. During the bridge repairs only
one moveable span will be opened for
the passage of vessel traffic.
The main navigation channel
provides 55 feet of horizontal clearance
with unobstructed vertical clearance
during a bridge opening.
During this temporary deviation the
main channel will only provide 27.5
feet of horizontal clearance with
unobstructed vertical clearance during a
bridge opening.
The Coast Guard believes that this
temporary deviation should meet the
reasonable needs of navigation because
the recreational users that normally use
this bridge are recreational vessels that
can safely pass through a 27.5 foot
horizontal clearance due to their relative
small size. In addition, most of the
above recreational vessels do not
operate during the fall and winter
months when this deviation will be in
effect.
Under this temporary deviation the
Smith Point Bridge may open only one
of the two moveable spans for the
passage of vessel traffic between
September 26, 2011 and December 21,
2011.
Vessels that can pass under the bridge
in the closed position may do so at any
time.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: September 13, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2011–25179 Filed 9–29–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0841]
RIN 1625–AA00
Safety Zone; Mississippi River, Mile
Marker 230 to Mile Marker 234, in the
Vicinity of Baton Rouge, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Mississippi River
beginning at mile marker 230 and
SUMMARY:
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ending at mile marker 234, in the
vicinity of Baton Rouge, Louisiana. The
temporary safety zone is needed to
protect persons and vessels from the
potential safety hazards associated with
a maritime salvage operation. Entry into
this zone is prohibited unless vessels
have met the specified instructions or
are specifically authorized by the
Captain of the Port New Orleans or a
designated representative.
DATES: Effective Date: This rule is
effective in the CFR from September 30,
2011 until 7 a.m. CST on November 25,
2011. This rule is effective with actual
notice for purposes of enforcement
beginning 7 a.m. CST on August 28,
2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0841 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0841 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Lieutenant (LT) Chris
Norton, Marine Safety Unit Baton
Rouge, at 225–298–5400,
Christopher.R.Norton@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. The Coast
Guard received notice on August 22,
2011 that McKinney Salvage and Heavy
Lift Inc. would be continuing maritime
salvage operations in the vicinity of
Baton Rouge. Due to the salvage of three
separate barges and two equipment
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failures, the operation and required
safety zone will require more time and
encompass two more river miles than
provided in the safety zone previously
implemented at docket USCG–2011–
0747. Short notice for the original safety
zone was based on the river levels
falling to a required height enabling the
salvage operation to take place and,
since then, the operation incurred two
equipment failures. Publishing a NPRM
would be impracticable because it
would delay the immediate action
necessary to protect the salvage crew,
vessels, and mariners from the hazards
associated with ongoing maritime
salvage operations.
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. The Coast Guard received
notice on August 22, 2011 that
McKinney Salvage and Heavy Lift Inc.
would be continuing maritime salvage
operations in the vicinity of Baton
Rouge. Due to the salvage of three
separate barges and two equipment
failures, the operation and required
safety zone will require more time and
encompass two more river miles than
provided in the safety zone previously
implemented at docket USCG–2011–
0747. Short notice for the original safety
zone was based on the river levels
falling to a required height enabling the
salvage operation to take place and,
since then, the operation incurred two
equipment failures. Providing 30 days
notice is impracticable because
immediate action is needed to protect
the salvage crew, vessels, and mariners
from the hazards associated with
ongoing maritime salvage operations.
Basis and Purpose
The Captain of the Port New Orleans
has implemented a safety zone from
mile marker 230 to 234, Lower
Mississippi River to protect those
vessels and mariners from the hazards
associated with ongoing maritime
salvage operations.
Discussion of Rule
The Captain of the Port New Orleans
will implement a temporary safety Zone
on the Lower Mississippi River (LMR)
extending the entire width of the river
from Mile Marker (MM) 230 to MM 234.
Mariners will be subject to requirements
that will be listed in Marine Safety
Information Bulletins from 7 a.m.
August 28, 2011 and continue to 7 a.m.
November 25, 2011. This operation will
continue 24 hours a day. Mariners must
request permission to transit through
the area from Vessel Traffic Service
Lower Mississippi River in New Orleans
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on VHF channel 12 or 67. The
temporary check-in points are no lower
than MM 239 for southbound vessels
and no higher than MM 228 for
northbound vessels.
The Safety Zone is needed due to
McKinney Salvage and Heavy Lift Inc.
conducting ongoing maritime salvage
operations in the vicinity of MM 230 to
MM 234 on the LMR. The operations
that will be conducted are critical to
maintaining safe navigation on the LMR.
Any wake, beyond that created at
minimum safe speed, or external force
exerted on the salvage platform can
compromise the safety of the salvage
crew.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
This rule establishes a temporary
safety zone on the Mississippi River
from mile marker 230 to mile marker
234, in the vicinity of Baton Rouge,
Louisiana. The additional safety
restrictions do not prevent safe transit
through the area. Due to its duration and
limited scope, it does not pose a
significant regulatory impact.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
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entities: The owners or operators of
vessels intending to transit the
Mississippi River between mile markers
230 to 234 from 7 a.m. CST on August
28, 2011 until 7 a.m. CST on November
25, 2011. This temporary safety zone
will not have a significant economic
impact on a substantial number of small
entities because vessels are still able to
transit the area under the safety
restrictions listed in Marine Safety
Information Bulletins and this rule will
be in effect for only a short period of
time. If you are a small business entity,
contact LT Chris Norton, Marine Safety
Unit Baton Rouge, at (225) 298–5400 or
Christopher.R.Norton@uscg.mil.
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 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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
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Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
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Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with constitutionally
Protected Property Rights.
Civil Justice Reform
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
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60735
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
establishes a temporary safety zone on
the Mississippi River to protect persons
and vessels from the potential safety
hazards associated with maritime
salvage operations and are over one
week in duration. Under figure 2–1,
paragraph 34(g), of the Instruction, an
environmental analysis checklist and a
categorical exclusion determination will
be prepared and submitted to the
docket.
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: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
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2. A new temporary § 165.T11–0841 is
added to read as follows:
■
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§ 165.T11–0841 Safety Zone; Mississippi
River, Mile Marker 230 to Mile Marker 234,
in the vicinity of Baton Rouge, LA.
(a) Location. The following area is a
temporary safety zone: All waters of the
Mississippi River beginning at mile
marker 230 and ending at mile marker
234, extending the entire width of the
river, in the vicinity of Baton Rouge.
(b) Effective Date. This section is
effective from 7 a.m. CST on August 28,
2011 until 7 a.m. CST on November 25,
2011.
(c) Regulations. (1) In accordance with
the general regulations in 33 CFR part
165, subpart C, entry into this zone is
prohibited unless vessels have met the
specific instructions or are authorized
by the Captain of the Port New Orleans
or designated representative as further
explained below.
(2) Persons or vessels requiring entry
into or passage through must have met
the specific instructions or request
permission from the Captain of the Port
New Orleans or a designated
representative. They may be contacted
via VHF Channel 12, 67, or via
telephone at (504) 365–2514.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port New Orleans and
designated personnel. Designated
personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
(4) The instructions of the Captain of
the Port in are as follows:
(i) The Captain of the Port New
Orleans has implemented a temporary
safety Zone on the Lower Mississippi
River (LMR) extending the entire width
of the river from Mile Marker (MM) 230
to MM 234. The LMR will be open to
one-way traffic from 7 a.m. CST, August
28, 2011 and continue through 7 a.m.
CST, November 25, 2011. This operation
will continue 24 hours a day.
(ii) Vessels must request permission
to transit through the area from Vessel
Traffic Service Lower Mississippi River
in New Orleans on VHF channel 12 or
67. The temporary check-in points are
no lower than MM 239 for southbound
vessels and no higher than MM 228 for
northbound vessels.
(d)Informational Broadcasts. The
Captain of the Port, New Orleans or a
designated representative will inform
the public through broadcast notices to
mariners (BNM) and/or marine safety
information bulletins (MSIB) of the
effective period for the safety zone,
requirements, and of any changes in the
effective period, requirements or size of
the safety zone.
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Dated: August 27, 2011.
P. W. Gautier,
Captain, U.S. Coast Guard, Captain of the
Port, New Orleans.
[FR Doc. 2011–25182 Filed 9–29–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2008–0321; FRL–9473–5]
RIN 2060–AP92
Protection of Stratospheric Ozone: The
2011 Critical Use Exemption From the
Phaseout of Methyl Bromide
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing uses that
qualify for the 2011 critical use
exemption and the amount of methyl
bromide that may be produced,
imported, or supplied from existing prephaseout inventory for those uses in
2011. EPA is taking this action under
the authority of the Clean Air Act to
reflect a recent consensus decision
taken by the Parties to the Montreal
Protocol on Substances that Deplete the
Ozone Layer at the Twenty-First
Meeting of the Parties.
DATES: Effective Date: September 30,
2011.
SUMMARY:
EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2008–0321. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI 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
available either electronically through
www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC,
EPA West, Room 3334, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
and Radiation Docket is (202) 566–
1742).
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
further information about this rule,
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For
contact Jeremy Arling by telephone at
(202) 343–9055, or by e-mail at
arling.jeremy@epa.gov or by mail at U.S.
Environmental Protection Agency,
Stratospheric Protection Division,
Stratospheric Program Implementation
Branch (6205J), 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
You may also visit the methyl bromide
section of the ozone layer protection
Web site at https://www.epa.gov/ozone/
mbr for further information about the
methyl bromide critical use exemption,
other stratospheric ozone protection
regulations, the science of ozone layer
depletion, and related topics.
SUPPLEMENTARY INFORMATION: This rule
concerns Clean Air Act (CAA)
restrictions on the consumption,
production, and use of methyl bromide
(a Class I, Group VI controlled
substance) for critical uses during
calendar year 2011. Under the Clean Air
Act, methyl bromide consumption
(consumption is defined under the CAA
as production plus imports minus
exports) and production was phased out
on January 1, 2005, apart from allowable
exemptions, such as the critical use
exemption and the quarantine and
preshipment (QPS) exemption. With
this action, EPA is finalizing the uses
that qualify for the 2011 critical use
exemption as well as specific amounts
of methyl bromide that may be
produced, imported, or sold from prephaseout inventory for proposed critical
uses in 2011.
Table of Contents
I. General Information
A. Regulated Entities
II. What is methyl bromide?
III. What is the background to the phaseout
regulations for ozone-depleting
substances?
IV. What is the legal authority for exempting
the production and import of methyl
bromide for critical uses authorized by
the parties to the Montreal protocol?
V. What is the critical use exemption
process?
A. Background of the Process
B. How does this rule relate to previous
critical use exemption rules?
C. Critical Uses
D. Critical Use Amounts
E. Critical Use Allowance Allocations
F. Critical Stock Allowance Allocations
G. The Criteria in Decisions IX/6 and Ex.
I/4
H. Emissions Minimization
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
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]]>Agencies
[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60733-60736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25182]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0841]
RIN 1625-AA00
Safety Zone; Mississippi River, Mile Marker 230 to Mile Marker
234, in the Vicinity of Baton Rouge, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Mississippi River beginning at mile marker 230 and
[[Page 60734]]
ending at mile marker 234, in the vicinity of Baton Rouge, Louisiana.
The temporary safety zone is needed to protect persons and vessels from
the potential safety hazards associated with a maritime salvage
operation. Entry into this zone is prohibited unless vessels have met
the specified instructions or are specifically authorized by the
Captain of the Port New Orleans or a designated representative.
DATES: Effective Date: This rule is effective in the CFR from September
30, 2011 until 7 a.m. CST on November 25, 2011. This rule is effective
with actual notice for purposes of enforcement beginning 7 a.m. CST on
August 28, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0841 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0841 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant (LT) Chris Norton, Marine
Safety Unit Baton Rouge, at 225-298-5400,
Christopher.R.Norton@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule. The Coast Guard received notice on
August 22, 2011 that McKinney Salvage and Heavy Lift Inc. would be
continuing maritime salvage operations in the vicinity of Baton Rouge.
Due to the salvage of three separate barges and two equipment failures,
the operation and required safety zone will require more time and
encompass two more river miles than provided in the safety zone
previously implemented at docket USCG-2011-0747. Short notice for the
original safety zone was based on the river levels falling to a
required height enabling the salvage operation to take place and, since
then, the operation incurred two equipment failures. Publishing a NPRM
would be impracticable because it would delay the immediate action
necessary to protect the salvage crew, vessels, and mariners from the
hazards associated with ongoing maritime salvage operations.
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. The Coast Guard received notice on
August 22, 2011 that McKinney Salvage and Heavy Lift Inc. would be
continuing maritime salvage operations in the vicinity of Baton Rouge.
Due to the salvage of three separate barges and two equipment failures,
the operation and required safety zone will require more time and
encompass two more river miles than provided in the safety zone
previously implemented at docket USCG-2011-0747. Short notice for the
original safety zone was based on the river levels falling to a
required height enabling the salvage operation to take place and, since
then, the operation incurred two equipment failures. Providing 30 days
notice is impracticable because immediate action is needed to protect
the salvage crew, vessels, and mariners from the hazards associated
with ongoing maritime salvage operations.
Basis and Purpose
The Captain of the Port New Orleans has implemented a safety zone
from mile marker 230 to 234, Lower Mississippi River to protect those
vessels and mariners from the hazards associated with ongoing maritime
salvage operations.
Discussion of Rule
The Captain of the Port New Orleans will implement a temporary
safety Zone on the Lower Mississippi River (LMR) extending the entire
width of the river from Mile Marker (MM) 230 to MM 234. Mariners will
be subject to requirements that will be listed in Marine Safety
Information Bulletins from 7 a.m. August 28, 2011 and continue to 7
a.m. November 25, 2011. This operation will continue 24 hours a day.
Mariners must request permission to transit through the area from
Vessel Traffic Service Lower Mississippi River in New Orleans on VHF
channel 12 or 67. The temporary check-in points are no lower than MM
239 for southbound vessels and no higher than MM 228 for northbound
vessels.
The Safety Zone is needed due to McKinney Salvage and Heavy Lift
Inc. conducting ongoing maritime salvage operations in the vicinity of
MM 230 to MM 234 on the LMR. The operations that will be conducted are
critical to maintaining safe navigation on the LMR. Any wake, beyond
that created at minimum safe speed, or external force exerted on the
salvage platform can compromise the safety of the salvage crew.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
This rule establishes a temporary safety zone on the Mississippi
River from mile marker 230 to mile marker 234, in the vicinity of Baton
Rouge, Louisiana. The additional safety restrictions do not prevent
safe transit through the area. Due to its duration and limited scope,
it does not pose a significant regulatory impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small
[[Page 60735]]
entities: The owners or operators of vessels intending to transit the
Mississippi River between mile markers 230 to 234 from 7 a.m. CST on
August 28, 2011 until 7 a.m. CST on November 25, 2011. This temporary
safety zone will not have a significant economic impact on a
substantial number of small entities because vessels are still able to
transit the area under the safety restrictions listed in Marine Safety
Information Bulletins and this rule will be in effect for only a short
period of time. If you are a small business entity, contact LT Chris
Norton, Marine Safety Unit Baton Rouge, at (225) 298-5400 or
Christopher.R.Norton@uscg.mil.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule establishes a temporary safety
zone on the Mississippi River to protect persons and vessels from the
potential safety hazards associated with maritime salvage operations
and are over one week in duration. Under figure 2-1, paragraph 34(g),
of the Instruction, an environmental analysis checklist and a
categorical exclusion determination will be prepared and submitted to
the docket.
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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
[[Page 60736]]
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2. A new temporary Sec. 165.T11-0841 is added to read as follows:
Sec. 165.T11-0841 Safety Zone; Mississippi River, Mile Marker 230 to
Mile Marker 234, in the vicinity of Baton Rouge, LA.
(a) Location. The following area is a temporary safety zone: All
waters of the Mississippi River beginning at mile marker 230 and ending
at mile marker 234, extending the entire width of the river, in the
vicinity of Baton Rouge.
(b) Effective Date. This section is effective from 7 a.m. CST on
August 28, 2011 until 7 a.m. CST on November 25, 2011.
(c) Regulations. (1) In accordance with the general regulations in
33 CFR part 165, subpart C, entry into this zone is prohibited unless
vessels have met the specific instructions or are authorized by the
Captain of the Port New Orleans or designated representative as further
explained below.
(2) Persons or vessels requiring entry into or passage through must
have met the specific instructions or request permission from the
Captain of the Port New Orleans or a designated representative. They
may be contacted via VHF Channel 12, 67, or via telephone at (504) 365-
2514.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port New Orleans and designated personnel.
Designated personnel include commissioned, warrant, and petty officers
of the U.S. Coast Guard.
(4) The instructions of the Captain of the Port in are as follows:
(i) The Captain of the Port New Orleans has implemented a temporary
safety Zone on the Lower Mississippi River (LMR) extending the entire
width of the river from Mile Marker (MM) 230 to MM 234. The LMR will be
open to one-way traffic from 7 a.m. CST, August 28, 2011 and continue
through 7 a.m. CST, November 25, 2011. This operation will continue 24
hours a day.
(ii) Vessels must request permission to transit through the area
from Vessel Traffic Service Lower Mississippi River in New Orleans on
VHF channel 12 or 67. The temporary check-in points are no lower than
MM 239 for southbound vessels and no higher than MM 228 for northbound
vessels.
(d)Informational Broadcasts. The Captain of the Port, New Orleans
or a designated representative will inform the public through broadcast
notices to mariners (BNM) and/or marine safety information bulletins
(MSIB) of the effective period for the safety zone, requirements, and
of any changes in the effective period, requirements or size of the
safety zone.
Dated: August 27, 2011.
P. W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port, New Orleans.
[FR Doc. 2011-25182 Filed 9-29-11; 8:45 am]
BILLING CODE 9110-04-P
