Fixed and Moving Safety Zone; Around the USACE Bank Grading Units, Mat Sinking Unit, and the M/V Harrison and M/V William James, 63729-63732 [2012-25543]

Download as PDF Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact 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. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. 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. 10. 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 might disproportionately affect children. erowe on DSK2VPTVN1PROD with 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it will 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. 12. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, VerDate Mar<15>2010 15:01 Oct 16, 2012 Jkt 229001 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. 13. Technical Standards 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and 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 this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment because it simply promulgates the operating regulations or procedures for drawbridges. This rule is categorically excluded, under figure 2– 1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. 2. Revise § 117.905(e) to read as follows: ■ Schuylkill River. * * * * * (e) The draw of the CSX Bridge, mile 6.4 near Christian Street, Philadelphia, need not be opened for the passage of vessels. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Dated: September 28, 2012. Steven H. Ratti, Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2012–25550 Filed 10–16–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2012–0738] This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. § 117.905 63729 RIN 1625–AA00 Fixed and Moving Safety Zone; Around the USACE Bank Grading Units, Mat Sinking Unit, and the M/V Harrison and M/V William James Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary fixed and moving safety zone for all waters within 100 yards of the US Army Corps of Engineers (USACE) Bank Grading Units, Mat Sinking Unit and M/V Harrison and M/V William James while operating on the Mississippi River. This safety zone is needed to protect vessels and mariners from the safety hazards associated with bank grading and mat sinking operations performed by the USACE. Entry into this zone is prohibited unless specifically authorized by the cognizant Captain of the Port (COTP) (COTP Lower Mississippi River for MM 303.0 to MM 869.0 or COTP Ohio Valley MM 869.0 to MM 958.0) or a designated representative. DATES: This rule is effective with actual notice from July 31, 2012 until October 17, 2012. This rule is effective in the Code of Federal Regulations from October 17, 2012 until 8:00 a.m. November 1, 2012. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2012–0738. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUMMARY: E:\FR\FM\17OCR1.SGM 17OCR1 63730 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations If you have questions on this rule, call or email CWO David Bear, U. S. Coast Guard; telephone 901–521–4728, email david.m.bear@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking M/V Motor Vessel COTP Captain of the Port MM Mile Marker USACE United States Army Corps of Engineers erowe on DSK2VPTVN1PROD with A. Regulatory History and 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 publishing a notice of proposed rulemaking (NPRM) with respect to this rule as publication of an NPRM would be impracticable. The Coast Guard received notification from the USACE on or about July 13, 2012 about necessary bank grading and mat laying operations by the Vicksburg District USACE. 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. Providing a full 30 days notice before the final rule effective date is would be impracticable for the reasons described above. Immediate action implementing this safety zone is needed to protect persons and property from the safety hazards associated with bank grading and mat sinking operations on the Mississippi River. B. Basis and Purpose The legal basis and authorities for this rule are found in 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; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define regulatory safety zones. VerDate Mar<15>2010 15:01 Oct 16, 2012 Jkt 229001 The COTPs Lower Mississippi River and Ohio Valley received notification from the USACE that the USACE will be performing bank grading and mat sinking operations on the Mississippi River. These operations are vital in maintaining a navigable channel for commerce to operate on the river and can only be done during certain times of the year, and under specific water levels and conditions. The fact that the operations are taking place on a highly transited waterway presents hazards to both the waterway traffic and the workers involved in the operations. A fixed and moving safety zone is needed to protect mariners, workers, vessels and other property from the hazards associated with bank grading and mat laying operations. Additionally, a fixed and moving safety zone will assist in timely completion of the USACE operations. The USACE also requested that the Coast Guard implement a safety zone restricting traffic on the waterway to protect both mariners and persons involved in the operations, specifically the Bank Grading Units, Mat Sinking Unit, and the M/V Harrison and M/V William James and any other operating units. The USACE informed the USCG that during the effective period, USACE operations will require waterway closures lasting approximately one hour at a time when no traffic will be allowed to transit within 500 yards of the operations. Broadcast Notices to Mariners (BNM) and Marine Safety Information Bulletins (MSIBs) can be issued by the Coast Guard to inform marine traffic of these times based on notice provided by the USACE. C. Discussion of the Final Rule The Coast Guard is establishing a temporary fixed and moving safety zone for all waters within 100 yards of the USACE Bank Grading Unit, Mat Sinking Unit, and the M/V Harrison and M/V William James while conducting operations on the Mississippi River. This safety zone is intended to protect persons and property, providing the necessary safety measures affording the USACE to continue with ongoing and timely USACE operations necessary to maintain the commercial channel for the designated areas on the Mississippi River. While these operations are taking place, vessels are required to operate at a minimum safe speed when transiting within all waters encompassing a 100 yard radius around the USACE operating units and vessels are prohibited from transiting into, through, or within a 50 yard radius of the USACE operating units and vessels, unless specifically authorized as explained PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 below. Anchoring, stopping, remaining or drifting without power within the safety zone is prohibited at all times. Requests to deviate from these restrictions may be made to the applicable COTP and will be considered on a case-by-case basis. The COTP Lower Mississippi River may be contacted by telephone at 866–777– 2784. The COTP Ohio Valley may be contacted at 1–800–253–7465. All COTPs can be reached by VHF–FM channel 16. The respective Captain of the Port or a designated representative will inform the public through broadcast notice to mariners of the location of the Bank Grading Units, Mat Sinking Unit and the M/V Harrison and M/V William James effective period for the safety zone and of any changes in the effective period for the safety zone. This rule is effective from August 2, 2012 through 8 a.m. November 1, 2012, local time. If emergency dredging is completed earlier, enforcement of the safety zone will be curtailed. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. 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 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 regulation is not a significant regulatory action because it will only be in effect for limited periods of time and will not substantially obstruct maritime traffic. Notifications to the marine community will be made through broadcast notice to mariners and electronic mail. Notices of changes to the safety zone and effective times will also be made. Deviation from the restrictions may be requested from the COTP or designated representative and will be considered on a case-by-case basis. The impacts on routine navigation are expected to be minimal. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the E:\FR\FM\17OCR1.SGM 17OCR1 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations potential impact of regulations on small entities during rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. 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 Mississippi River, effective from August 2, 2012 through November 1, 2012, local time. This safety zone will not have a significant economic impact on a substantial number of small entities because this rule allows for the passing of vessels. Traffic in this area is limited to almost entirely recreational vessels and commercial towing vessels. Notifications to the marine community will be made through broadcast notice to mariners and electronic mail. Notices of changes to the safety zone and effective times will also be made. Deviation from the restrictions may be requested from the COTP or designated representative and will be considered on a case-by-case basis. erowe on DSK2VPTVN1PROD with 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. 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. 4. Collection of Information This rule will not call for a new collection of information under the VerDate Mar<15>2010 15:01 Oct 16, 2012 Jkt 229001 Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact 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. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. 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. 10. 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. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 63731 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. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist and a categorical exclusion determination will be made available as indicated under the ADDRESSES section. 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 § 165.T08–0738 to read as follows: ■ E:\FR\FM\17OCR1.SGM 17OCR1 63732 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations erowe on DSK2VPTVN1PROD with § 165.T08–0738 Fixed and Moving Safety Zone; Around the USACE Bank Grading Units, Mat Sinking Units and the M/V Harrison and M/V William James. (a) Location. The following area is a fixed and moving safety zone: All waters of the Mississippi River within 100 yards of the Bank Grading Units, Mat Sinking Unit and the M/V Harrison and M/V William James. (b) Effective dates. This section is effective from 6 a.m. July 31, 2012 through 8 a.m. November 1, 2012, local time. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the COTP Lower Mississippi River, COTP Ohio Valley or a designated representative. (2) Vessels shall not enter the moving safety zone. (3) Persons or vessels requiring entry into or passage through the zone must request permission from the COTP Lower Mississippi River, COTP Ohio Valley or a designated representative. They may be contacted on VHF–FM channels 16 or The COTP Lower Mississippi River may be contacted by telephone at 866–777–2784. The COTP Ohio Valley may be contacted at 1–800– 253–7465. (4) All persons and vessels shall comply with the instructions of the COTP Lower Mississippi River, COTP Ohio Valley and designated personnel. Designated personnel include commissioned, warrant, petty officers of the U.S. Coast Guard and Government employees of the US Army Corps of Engineers. (5) Minimum speed will be required of all vessels transiting within 50 yards of the moving safety zone. Vessels receiving Captain of the Port authority to enter the safety zone must also transit at a minimum safe speed and in accordance with the direction of the Captain of the Port authorizing transit. (6) No vessel shall anchor, stop, remain or drift without power at anytime in the moving safety zone. (d) Informational broadcasts. The Captain of the Port, Lower Mississippi River or a designated representative will inform the public through broadcast notices to mariners (BNM) of the effective period for the safety zone and of any changes in the effective period or size of the safety zone. VerDate Mar<15>2010 15:01 Oct 16, 2012 Jkt 229001 Dated: August 2, 2012. W. M. Drelling, Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi. L. W. Hewett, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2012–25543 Filed 10–16–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2012–0904] RIN 1625–AA00 Safety Zone; Bridge Demolition Project; Indiana Harbor Canal, East Chicago, IN Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the Indiana Harbor Canal in East Chicago, Indiana. This safety zone is intended to restrict vessels from a portion of the Indiana Harbor Canal due to the Demolition Project on the Cline Avenue Bridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the demolition project. DATES: This rule will be effective between October 27 and November 10, 2012. This rule will be enforced from 6:00 to 8:00 a.m. on October 27 and November 10, 2012. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2012– 0904 and are available online by going to www.regulations.gov, inserting USCG–2012–0904 in the ‘‘Search’’ 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, contact or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake Michigan, at 414–747–7148 or Joseph.P.McCollum@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and 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 publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect vessels from the hazards associated with the demolition project on the Cline Avenue bridge, which are discussed further below. 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. For the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest. B. Basis and Purpose On October 27 and November 10, 2012, Walsh Construction Company will be conducting demolition on portions of the Cline Avenue bridge in East Chicago, IN. The Captain of the Port, Sector Lake Michigan, has determined that this demolition project will pose a significant risk to public safety and property. Such hazards include loss of life and property in the proximity of explosives, and collisions among vessels and contractors involved in the demolition project. C. Discussion of Rule With the aforementioned hazards in mind, the Captain of the Port, Sector E:\FR\FM\17OCR1.SGM 17OCR1

Agencies

[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63729-63732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25543]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0738]
RIN 1625-AA00


Fixed and Moving Safety Zone; Around the USACE Bank Grading 
Units, Mat Sinking Unit, and the M/V Harrison and M/V William James

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary fixed and moving 
safety zone for all waters within 100 yards of the US Army Corps of 
Engineers (USACE) Bank Grading Units, Mat Sinking Unit and M/V Harrison 
and M/V William James while operating on the Mississippi River. This 
safety zone is needed to protect vessels and mariners from the safety 
hazards associated with bank grading and mat sinking operations 
performed by the USACE. Entry into this zone is prohibited unless 
specifically authorized by the cognizant Captain of the Port (COTP) 
(COTP Lower Mississippi River for MM 303.0 to MM 869.0 or COTP Ohio 
Valley MM 869.0 to MM 958.0) or a designated representative.

DATES: This rule is effective with actual notice from July 31, 2012 
until October 17, 2012. This rule is effective in the Code of Federal 
Regulations from October 17, 2012 until 8:00 a.m. November 1, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0738. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

[[Page 63730]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email CWO David Bear, U. S. Coast Guard; telephone 901-521-
4728, email david.m.bear@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
M/V Motor Vessel
COTP Captain of the Port
MM Mile Marker
USACE United States Army Corps of Engineers

A. Regulatory History and 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 publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule as publication of an NPRM would be 
impracticable. The Coast Guard received notification from the USACE on 
or about July 13, 2012 about necessary bank grading and mat laying 
operations by the Vicksburg District USACE.
    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. Providing a full 30 
days notice before the final rule effective date is would be 
impracticable for the reasons described above. Immediate action 
implementing this safety zone is needed to protect persons and property 
from the safety hazards associated with bank grading and mat sinking 
operations on the Mississippi River.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    The COTPs Lower Mississippi River and Ohio Valley received 
notification from the USACE that the USACE will be performing bank 
grading and mat sinking operations on the Mississippi River. These 
operations are vital in maintaining a navigable channel for commerce to 
operate on the river and can only be done during certain times of the 
year, and under specific water levels and conditions. The fact that the 
operations are taking place on a highly transited waterway presents 
hazards to both the waterway traffic and the workers involved in the 
operations. A fixed and moving safety zone is needed to protect 
mariners, workers, vessels and other property from the hazards 
associated with bank grading and mat laying operations. Additionally, a 
fixed and moving safety zone will assist in timely completion of the 
USACE operations.
    The USACE also requested that the Coast Guard implement a safety 
zone restricting traffic on the waterway to protect both mariners and 
persons involved in the operations, specifically the Bank Grading 
Units, Mat Sinking Unit, and the M/V Harrison and M/V William James and 
any other operating units. The USACE informed the USCG that during the 
effective period, USACE operations will require waterway closures 
lasting approximately one hour at a time when no traffic will be 
allowed to transit within 500 yards of the operations. Broadcast 
Notices to Mariners (BNM) and Marine Safety Information Bulletins 
(MSIBs) can be issued by the Coast Guard to inform marine traffic of 
these times based on notice provided by the USACE.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary fixed and moving safety 
zone for all waters within 100 yards of the USACE Bank Grading Unit, 
Mat Sinking Unit, and the M/V Harrison and M/V William James while 
conducting operations on the Mississippi River. This safety zone is 
intended to protect persons and property, providing the necessary 
safety measures affording the USACE to continue with ongoing and timely 
USACE operations necessary to maintain the commercial channel for the 
designated areas on the Mississippi River. While these operations are 
taking place, vessels are required to operate at a minimum safe speed 
when transiting within all waters encompassing a 100 yard radius around 
the USACE operating units and vessels are prohibited from transiting 
into, through, or within a 50 yard radius of the USACE operating units 
and vessels, unless specifically authorized as explained below. 
Anchoring, stopping, remaining or drifting without power within the 
safety zone is prohibited at all times.
    Requests to deviate from these restrictions may be made to the 
applicable COTP and will be considered on a case-by-case basis. The 
COTP Lower Mississippi River may be contacted by telephone at 866-777-
2784. The COTP Ohio Valley may be contacted at 1-800-253-7465. All 
COTPs can be reached by VHF-FM channel 16. The respective Captain of 
the Port or a designated representative will inform the public through 
broadcast notice to mariners of the location of the Bank Grading Units, 
Mat Sinking Unit and the M/V Harrison and M/V William James effective 
period for the safety zone and of any changes in the effective period 
for the safety zone. This rule is effective from August 2, 2012 through 
8 a.m. November 1, 2012, local time. If emergency dredging is completed 
earlier, enforcement of the safety zone will be curtailed.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders.

1. 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 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 regulation is not a significant regulatory action because it 
will only be in effect for limited periods of time and will not 
substantially obstruct maritime traffic. Notifications to the marine 
community will be made through broadcast notice to mariners and 
electronic mail. Notices of changes to the safety zone and effective 
times will also be made. Deviation from the restrictions may be 
requested from the COTP or designated representative and will be 
considered on a case-by-case basis. The impacts on routine navigation 
are expected to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the

[[Page 63731]]

potential impact of regulations on small entities during rulemaking. 
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not 
have a significant economic impact on a substantial number of small 
entities.
    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 Mississippi River, effective from August 2, 2012 through 
November 1, 2012, local time. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
because this rule allows for the passing of vessels. Traffic in this 
area is limited to almost entirely recreational vessels and commercial 
towing vessels. Notifications to the marine community will be made 
through broadcast notice to mariners and electronic mail. Notices of 
changes to the safety zone and effective times will also be made. 
Deviation from the restrictions may be requested from the COTP or 
designated representative and will be considered on a case-by-case 
basis.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist and a categorical exclusion 
determination will be made available as indicated under the ADDRESSES 
section.

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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1

0
2. Add Sec.  165.T08-0738 to read as follows:

[[Page 63732]]

Sec.  165.T08-0738  Fixed and Moving Safety Zone; Around the USACE Bank 
Grading Units, Mat Sinking Units and the M/V Harrison and M/V William 
James.

    (a) Location. The following area is a fixed and moving safety zone: 
All waters of the Mississippi River within 100 yards of the Bank 
Grading Units, Mat Sinking Unit and the M/V Harrison and M/V William 
James.
    (b) Effective dates. This section is effective from 6 a.m. July 31, 
2012 through 8 a.m. November 1, 2012, local time.
    (c) 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 COTP Lower Mississippi River, COTP Ohio Valley or a 
designated representative.
    (2) Vessels shall not enter the moving safety zone.
    (3) Persons or vessels requiring entry into or passage through the 
zone must request permission from the COTP Lower Mississippi River, 
COTP Ohio Valley or a designated representative. They may be contacted 
on VHF-FM channels 16 or The COTP Lower Mississippi River may be 
contacted by telephone at 866-777-2784. The COTP Ohio Valley may be 
contacted at 1-800-253-7465.
    (4) All persons and vessels shall comply with the instructions of 
the COTP Lower Mississippi River, COTP Ohio Valley and designated 
personnel. Designated personnel include commissioned, warrant, petty 
officers of the U.S. Coast Guard and Government employees of the US 
Army Corps of Engineers.
    (5) Minimum speed will be required of all vessels transiting within 
50 yards of the moving safety zone. Vessels receiving Captain of the 
Port authority to enter the safety zone must also transit at a minimum 
safe speed and in accordance with the direction of the Captain of the 
Port authorizing transit.
    (6) No vessel shall anchor, stop, remain or drift without power at 
anytime in the moving safety zone.
    (d) Informational broadcasts. The Captain of the Port, Lower 
Mississippi River or a designated representative will inform the public 
through broadcast notices to mariners (BNM) of the effective period for 
the safety zone and of any changes in the effective period or size of 
the safety zone.

    Dated: August 2, 2012.
W. M. Drelling,
Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi.
L. W. Hewett,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2012-25543 Filed 10-16-12; 8:45 am]
BILLING CODE 9110-04-P