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]
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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.
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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,
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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.
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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 https://
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:
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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
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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.
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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
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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
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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.
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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
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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:
■
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
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§ 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.
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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:
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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
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]]>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 https://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
