Safety Zone; Upper Mississippi River, Mile 183.0 to 183.5, 28255-28258 [2012-11539]
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Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
action were also considered in arriving
at this conclusion. This rule is
categorically excluded, under figure 2–
1, paragraphs (34)(g) and (34)(h) of the
Instruction since it involves
establishment of safety zones for marine
related events. An environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES.
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a new § 165.T1172 to read as
follows:
■
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§ 165.T1172 Safety Zones; America’s Cup
World Series, East Passage, Narragansett
Bay, Rhode Island.
(a) Location. The following areas are
safety zones:
(1) Safety zone ‘‘North’’, an area
bounded by the following coordinates:
(i) 41–29.806N, 071–21.504W
(ii) 41–30.049N, 071–20.908W
(iii) 41–28.883N, 071–19.952W
(iv) 41–28.615N, 071–19.952W
(2) Safety zone ‘‘South’’, an area
bounded by the following coordinates:
(i) 41–28.432N, 071–21.628W
(ii) 41–28.898W, 071–20.892W
(iii) 41–29.992W, 071–21.013W
(iv) 41–29.287N, 071–20.406W
(v) 41–28.894N, 071–19.958W
(vi) 41–28.085N, 071–21.211W
(b) Enforcement Period. Vessels will
be prohibited from entering these safety
zones during the America’s Cup World
Series (ACWS) sailing vessel racing
events between 11 a.m. and 5 p.m. each
day from Friday, June 22, 2012 to
Sunday, July 1, 2012.
(c) Definitions. The following
definitions apply to this section:
(1) Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port, Sector Southeastern New England
(COTP), to act on his or her behalf. The
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designated representative may be on an
official patrol vessel or may be on shore
and will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Patrol Commander. The Coast
Guard may patrol each safety zone
under the direction of a designated
Coast Guard Patrol Commander. The
Patrol Commander may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM.’’
(4) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the safety zones established in
conjunction with the America’s Cup
World Series, East Passage, Narragansett
Bay, Newport, RI. These regulations
may be enforced for the duration of the
event.
(2) No later than 10 a.m. each day of
the event, the Coast Guard will
announce via Safety Marine Information
Broadcasts and local media which of the
safety zones, either ‘‘North’’ or ‘‘South’’,
will be enforced for that day’s America’s
Cup World Series races.
(3) Vessels may not transit through or
within the safety zones during periods
of enforcement without Patrol
Commander approval. Vessels permitted
to transit must operate at a no-wake
speed, in a manner which will not
endanger participants or other crafts in
the event.
(4) Spectators or other vessels shall
not anchor, block, loiter, or impede the
movement of event participants or
official patrol vessels in the safety zones
unless authorized by an official patrol
vessel.
(5) The Patrol Commander may
control the movement of all vessels in
the safety zones. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the lawful directions
issued. Failure to comply with a lawful
direction may result in expulsion from
the area, citation for failure to comply,
or both.
(6) The Patrol Commander may delay
or terminate the ACWS at any time to
ensure safety. Such action may be
justified as a result of weather, traffic
density, spectator operation or
participant behavior.
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28255
Dated: May 2, 2012.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England.
[FR Doc. 2012–11557 Filed 5–11–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0315]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Mile 183.0 to 183.5
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Upper Mississippi
River, from mile 183.0 to mile 183.5, in
the vicinity of the Merchants Bridge and
extending the entire width of the river.
This safety zone is needed to protect
repair workers and vessels transiting the
area on the Upper Mississippi River to
complete bridge repairs. Entry into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Upper Mississippi River or a designated
representative.
DATES: Effective Date: This rule is
effective in the CFR from May 14, 2012
until 7 p.m. on December 31, 2012. This
rule is effective with actual notice for
purposes of enforcement beginning 7
a.m. on April 10, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0315 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2012–0315 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. 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 9:00
a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Chief Petty Officer
Ryan Christensen, Sector Upper
Mississippi River Waterways
Management Department at telephone
314–269–2721, email
SUMMARY:
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Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
Ryan.D.Christensen@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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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)(B), the Coast
Guard finds that good cause exists for
not using the NPRM process. On April
10, 2012, the Coast Guard received
notice that a marine casualty caused
damage to a railway bridge on April 9,
2012. Immediate repairs are now
required for the bridge. This short notice
did not allow for the time needed to
publish a NPRM and provide for a
comment period. Delaying this rule by
publishing a NPRM would be contrary
to the public interest by unnecessarily
delaying the bridge repairs and the
safety zone needed to protect repair
workers and vessels transiting the area
on the Upper Mississippi River.
Additionally, delaying the repairs and
inspections for the NPRM process
would unnecessarily impede the flow of
commercial river traffic and railroad
traffic. This rule is needed to protect
repair workers and vessels transiting
this area on the Upper Mississippi
River.
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Delaying this rule by providing 30 days
notice would be contrary to the public
interest by unnecessarily delaying the
bridge repairs and the safety zone
needed to protect repair workers and
vessels transiting the area on the Upper
Mississippi River.
Basis and Purpose
On April 9, 2012, a marine casualty
involving a down bound crane barge
striking the Merchants Bridge resulted
in structural damage to the bridge,
reduced vertical clearance, hanging
wreckage, and a North-side railroad
track closure. Initial repairs to the
bridge started immediately with Saint
Louis Bridge Construction performing a
series of repairs and inspections on the
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Merchants Bridge in the vicinity of mile
183.0 to 183.5 on the Upper Mississippi
River. After initial repairs, ongoing and
intermittent inspections and full repairs
will continue and the Coast Guard
determined that a temporary safety zone
is necessary to protect repair workers
and marine traffic. Establishing this
safety zone around the Merchants
Bridge and repair personnel and
equipment is intended to safeguard
against disruption of positioned repair
equipment, potential large falling
debris, and possible hazards related to
ongoing repairs in and around
commercial traffic in the vicinity of mile
183.0 to 183.5 on the Upper Mississippi
River.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone for all waters of
the Upper Mississippi River, from mile
183.0 to 183.5, in the vicinity of
Merchants Bridge and extending the
entire width of the river. Entry into this
zone is prohibited to all vessels and
persons unless specifically authorized
by the Captain of the Port Upper
Mississippi River. This rule is effective
from 7 a.m. on April 10, 2012 through
7 p.m. on December 31, 2012, but will
only be enforced during intermittent
repair and inspection operation periods
that will be announced by broadcast
notices to mariners with the greatest
advance notice possible. Due to the
unpredictability of the Upper
Mississippi River, National Weather
Service’s forecasts will be used to
determine the most suitable conditions
for bridge repairs and inspections.
Advanced notice will be given to the
maximum extent possible, but despite
best efforts, the safety zone may be
established with minimal notice when
ideal work conditions are identified.
The Captain of the Port Upper
Mississippi River will inform the public
and maritime industry through
broadcast notice to mariners of the
enforcement periods and changes to the
safety zone and its enforcement.
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
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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
that those Orders.
Although this rule will be effective
until December 31, 2012 unless repairs
and inspections are completed sooner, it
will only be enforced for limited time
periods during days scheduled for
repair work or bridge inspections. By
enforcing this safety zone for limited
periods of time throughout the effective
period, marine traffic will not be
significantly impacted. Entry into or
passage through the safety zone will be
considered on a case-by-case basis by
the Captain of the Port Upper
Mississippi or designated
representative. Notifications of, and
changes to, the enforcement period will
be made via broadcast notice to
mariners.
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
entities: the owners or operators of
vessels intending to transit the Upper
Mississippi River, mile 183.0 to 183.5
during enforcement periods. The
enforcement periods will be for a
limited duration. By enforcing this
safety zone for a limited duration of
time intermittently throughout the
effective period, marine traffic will not
be significantly impacted. This safety
zone will not have a significant
economic impact on a substantial
number of small entities because this
rule will only be enforced during
limited periods of time throughout the
effective period.
If you are a small business entity and
are significantly affected by this
regulation, please contact Chief Petty
Officer Ryan Christensen, Sector Upper
Mississippi River Response Department
at telephone 314–269–2721, email
Ryan.D.Christensen@uscg.mil.
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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 businesses. 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
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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
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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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
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28257
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. This rule
establishes a safety zone related to
effecting bridge repairs and is
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Instruction,
from further environmental
documentation because this rule is not
expected to result in any significant
adverse environmental impact as
described in the National
Environmental Policy Act of 1969
(NEPA).
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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.
2. A new temporary § 165.T08–0315 is
added to read as follows:
■
§ 165.T08–0315 Safety Zone; Upper
Mississippi River, Mile 183.0 to 183.5.
(a) Location. The following area is a
safety zone: All waters of the Upper
Mississippi River, mile 183.0 to 183.5,
in the vicinity of the Merchants Bridge,
extending the entire width of the
waterway.
(b) Effective date. This rule is effective
from 7 a.m. on April 10, 2012 through
7 p.m. on December 31, 2012.
(c) Periods of Enforcement. This rule
will be enforced intermittently during
the effective period when conditions are
conducive for bridge repairs and
inspections based on contractor
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availability, river forecasts, and
observed weather. The Captain of the
Port Upper Mississippi River will
inform the public of the enforcement
periods and any changes through
broadcast notice to mariners.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Upper Mississippi
River or a designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the Captain of
the Port Upper Mississippi River or a
designated representative. The Captain
of the Port Upper Mississippi River may
be contacted at 314–269–2332 or VHF–
FM 16.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Upper Mississippi
River or their designated representative.
Designated Captain of the Port
representatives include United States
Coast Guard commissioned, warrant,
and petty officers.
Dated: April 10, 2012.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2012–11539 Filed 5–11–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO28
Copayments for Medications in 2012
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document affirms as
final, without change, an interim final
rule amending the Department of
Veterans Affairs (VA) medical
regulations concerning the copayment
required for certain medications. The
interim final rule froze until December
31, 2012, the copayment amount for
veterans in the VA health care system in
enrollment priority categories 2 through
6 at the 2011 level, which was $8. The
interim final rule also froze until
December 31, 2012, the maximum
annual copayment amount for
enrollment priority categories 2 through
6, which was $960. On January 1, 2013,
the copayment amounts may increase
based on the prescription drug
component of the Medical Consumer
Price Index (CPI–P). If the copayment
increases, the maximum annual
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SUMMARY:
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copayment amount will automatically
increase in turn.
DATES: Effective Date: This rule is
effective May 14, 2012.
FOR FURTHER INFORMATION CONTACT:
Kristin Cunningham, Director, Business
Policy, Chief Business Office, 810
Vermont Avenue NW., Washington, DC
20420, (202) 461–1599. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: An
interim final rule amending VA’s
medical regulations concerning the
copayment required for certain
medications was published in the
Federal Register on December 20, 2011
(76 FR 78824). Interested persons were
invited to submit comments to the
interim final rule on or before February
21, 2012, and we received no comments.
Therefore, based on the rationale set
forth in the interim final rule, VA is
adopting the interim final rule as a final
rule with no changes.
Administrative Procedure Act
This document affirms as final,
without change, the interim final rule
that is already in effect. In accordance
with 5 U.S.C. 553(b)(3)(B) and (d)(3), the
Secretary of Veterans Affairs concluded
that there was good cause to dispense
with the opportunity for advance notice
and opportunity for public comment
and good cause to publish this rule with
an immediate effective date. The
Secretary found that it was
impracticable, unnecessary, and
contrary to the public interest to delay
this regulation for the purpose of
soliciting advance public comment or to
have a delayed effective date. Increasing
the copayment amount on January 1,
2012, might have caused a significant
financial hardship for some veterans.
Nevertheless, the Secretary invited
public comment on the interim final
rule but did not receive any comments.
Effect of Rulemaking
Title 38 of the Code of Federal
Regulations, as revised by this
rulemaking, represents VA’s
implementation of its legal authority on
this subject. Other than future
amendments to this regulation or
governing statutes, no contrary guidance
or procedures are authorized. All
existing or subsequent VA guidance
must be read to conform with this
rulemaking if possible or, if not
possible, such guidance is superseded
by this rulemaking.
Paperwork Reduction Act
This final rule contains no collections
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521).
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Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This final rule
will temporarily freeze the copayments
that certain veterans are required to pay
for prescription drugs furnished by VA.
This final rule affects individuals and
has no impact on small entities.
Therefore, under 5 U.S.C. 605(b), this
final rule is exempt from the initial and
final regulatory flexibility analysis
requirements of sections 603 and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
review by the Office of Management and
Budget (OMB), as ‘‘any regulatory action
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined and it has been
determined not to be a significant
regulatory action under Executive Order
12866.
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]]>Agencies
[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28255-28258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11539]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0315]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Mile 183.0 to 183.5
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 Upper Mississippi River, from mile 183.0 to mile
183.5, in the vicinity of the Merchants Bridge and extending the entire
width of the river. This safety zone is needed to protect repair
workers and vessels transiting the area on the Upper Mississippi River
to complete bridge repairs. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Upper Mississippi
River or a designated representative.
DATES: Effective Date: This rule is effective in the CFR from May 14,
2012 until 7 p.m. on December 31, 2012. This rule is effective with
actual notice for purposes of enforcement beginning 7 a.m. on April 10,
2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0315 and are available online
by going to https://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2012-0315
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. 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 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Chief Petty Officer Ryan Christensen,
Sector Upper Mississippi River Waterways Management Department at
telephone 314-269-2721, email
[[Page 28256]]
Ryan.D.Christensen@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)(B), the Coast Guard finds that good cause
exists for not using the NPRM process. On April 10, 2012, the Coast
Guard received notice that a marine casualty caused damage to a railway
bridge on April 9, 2012. Immediate repairs are now required for the
bridge. This short notice did not allow for the time needed to publish
a NPRM and provide for a comment period. Delaying this rule by
publishing a NPRM would be contrary to the public interest by
unnecessarily delaying the bridge repairs and the safety zone needed to
protect repair workers and vessels transiting the area on the Upper
Mississippi River. Additionally, delaying the repairs and inspections
for the NPRM process would unnecessarily impede the flow of commercial
river traffic and railroad traffic. This rule is needed to protect
repair workers and vessels transiting this area on the Upper
Mississippi River.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Delaying this rule
by providing 30 days notice would be contrary to the public interest by
unnecessarily delaying the bridge repairs and the safety zone needed to
protect repair workers and vessels transiting the area on the Upper
Mississippi River.
Basis and Purpose
On April 9, 2012, a marine casualty involving a down bound crane
barge striking the Merchants Bridge resulted in structural damage to
the bridge, reduced vertical clearance, hanging wreckage, and a North-
side railroad track closure. Initial repairs to the bridge started
immediately with Saint Louis Bridge Construction performing a series of
repairs and inspections on the Merchants Bridge in the vicinity of mile
183.0 to 183.5 on the Upper Mississippi River. After initial repairs,
ongoing and intermittent inspections and full repairs will continue and
the Coast Guard determined that a temporary safety zone is necessary to
protect repair workers and marine traffic. Establishing this safety
zone around the Merchants Bridge and repair personnel and equipment is
intended to safeguard against disruption of positioned repair
equipment, potential large falling debris, and possible hazards related
to ongoing repairs in and around commercial traffic in the vicinity of
mile 183.0 to 183.5 on the Upper Mississippi River.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for all
waters of the Upper Mississippi River, from mile 183.0 to 183.5, in the
vicinity of Merchants Bridge and extending the entire width of the
river. Entry into this zone is prohibited to all vessels and persons
unless specifically authorized by the Captain of the Port Upper
Mississippi River. This rule is effective from 7 a.m. on April 10, 2012
through 7 p.m. on December 31, 2012, but will only be enforced during
intermittent repair and inspection operation periods that will be
announced by broadcast notices to mariners with the greatest advance
notice possible. Due to the unpredictability of the Upper Mississippi
River, National Weather Service's forecasts will be used to determine
the most suitable conditions for bridge repairs and inspections.
Advanced notice will be given to the maximum extent possible, but
despite best efforts, the safety zone may be established with minimal
notice when ideal work conditions are identified. The Captain of the
Port Upper Mississippi River will inform the public and maritime
industry through broadcast notice to mariners of the enforcement
periods and changes to the safety zone and its enforcement.
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 that those Orders.
Although this rule will be effective until December 31, 2012 unless
repairs and inspections are completed sooner, it will only be enforced
for limited time periods during days scheduled for repair work or
bridge inspections. By enforcing this safety zone for limited periods
of time throughout the effective period, marine traffic will not be
significantly impacted. Entry into or passage through the safety zone
will be considered on a case-by-case basis by the Captain of the Port
Upper Mississippi or designated representative. Notifications of, and
changes to, the enforcement period will be made via broadcast notice to
mariners.
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 entities: the owners or operators of vessels intending to
transit the Upper Mississippi River, mile 183.0 to 183.5 during
enforcement periods. The enforcement periods will be for a limited
duration. By enforcing this safety zone for a limited duration of time
intermittently throughout the effective period, marine traffic will not
be significantly impacted. This safety zone will not have a significant
economic impact on a substantial number of small entities because this
rule will only be enforced during limited periods of time throughout
the effective period.
If you are a small business entity and are significantly affected
by this regulation, please contact Chief Petty Officer Ryan
Christensen, Sector Upper Mississippi River Response Department at
telephone 314-269-2721, email Ryan.D.Christensen@uscg.mil.
[[Page 28257]]
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 businesses. 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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. This rule establishes a safety zone related to effecting
bridge repairs and is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation because this rule is not expected to result in any
significant adverse environmental impact as described in the National
Environmental Policy Act of 1969 (NEPA).
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
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.
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2. A new temporary Sec. 165.T08-0315 is added to read as follows:
Sec. 165.T08-0315 Safety Zone; Upper Mississippi River, Mile 183.0 to
183.5.
(a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River, mile 183.0 to 183.5, in the vicinity of
the Merchants Bridge, extending the entire width of the waterway.
(b) Effective date. This rule is effective from 7 a.m. on April 10,
2012 through 7 p.m. on December 31, 2012.
(c) Periods of Enforcement. This rule will be enforced
intermittently during the effective period when conditions are
conducive for bridge repairs and inspections based on contractor
[[Page 28258]]
availability, river forecasts, and observed weather. The Captain of the
Port Upper Mississippi River will inform the public of the enforcement
periods and any changes through broadcast notice to mariners.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Upper Mississippi River or a
designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Upper
Mississippi River or a designated representative. The Captain of the
Port Upper Mississippi River may be contacted at 314-269-2332 or VHF-FM
16.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Upper Mississippi River or their designated
representative. Designated Captain of the Port representatives include
United States Coast Guard commissioned, warrant, and petty officers.
Dated: April 10, 2012.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2012-11539 Filed 5-11-12; 8:45 am]
BILLING CODE 9110-04-P
