Regulated Navigation Area; Upper Mississippi River MM 0.0 to MM 185.0; Cairo, IL to St. Louis, MO, 75850-75853 [2012-30983]
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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations
the United States otherwise prohibited
by § 560.215 if the transaction would be
prohibited by any other part of this
chapter V if engaged in by a U.S. person
or in the United States.
*
*
*
*
*
15. Add new § 560.555 to read as
follows:
■
§ 560.555 Winding-down of transactions
prohibited by § 560.215.
(a) Except as set forth in paragraphs
(b) and (c) of this section, all
transactions ordinarily incident and
necessary to the winding-down of
transactions prohibited by § 560.215 are
authorized from October 9, 2012,
through March 8, 2013, provided that
those ordinarily incident and necessary
transactions do not involve a U.S.
person or occur in the United States.
(b) Nothing in this section authorizes
any transactions prohibited by
§ 560.205.
(c) Transactions involving Iranian
financial institutions are authorized
pursuant to paragraph (a) of this section
only if the property and interests in
property of the Iranian financial
institution are blocked solely pursuant
to this part.
16. Add new § 560.556 to read as
follows:
■
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§ 560.556 Foreign entities owned or
controlled by U.S. persons authorized to
engage in transactions that are authorized
by general license if engaged in by a U.S.
person or in the United States.
(a) Except as set forth in paragraph (b)
of this section, an entity owned or
controlled by a United States person
and established or maintained outside
the United States (a ‘‘U.S.-owned or
-controlled foreign entity’’) is authorized
to engage in a transaction otherwise
prohibited by § 560.215 that would be
authorized by a general license set forth
in or issued pursuant to this part if
engaged in by a U.S. person or in the
United States, provided the U.S.-owned
or -controlled foreign entity is
authorized to engage in the transaction
only to the same extent as the U.S.
person is authorized to engage in the
transaction and subject to all the
conditions and requirements set forth in
the general license for the U.S. person.
(b) This section does not authorize
any transaction by a U.S.-owned or
-controlled foreign entity otherwise
prohibited by § 560.215 if the
transaction would be prohibited by any
other part of this chapter V if engaged
in by a U.S. person or in the United
States.
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Subpart G—Civil Penalties
17. Amend § 560.701 by adding new
paragraph (a)(3) to read as follows:
■
§ 560.701
Penalties.
(a) * * *
(3) As set forth in section 218 of the
Iran Threat Reduction and Syria Human
Rights Act of 2012 (Pub. L. 112–158), a
civil penalty not to exceed the amount
set forth in section 206 of IEEPA may be
imposed on a United States person if an
entity owned or controlled by the
United States person and established or
maintained outside the United States
violates, attempts to violate, conspires
to violate, or causes a violation of the
prohibition set forth in § 560.215 or of
any order, regulation, or license set forth
in or issued pursuant to this part
concerning such prohibition. The
penalties set forth in this paragraph
shall not apply with respect to a
transaction described in § 560.215 by an
entity owned or controlled by the
United States person and established or
maintained outside the United States if
the United States person divests or
terminates its business with the entity
not later than February 6, 2013, such
that the U.S. person no longer owns or
controls the entity, as defined in
§ 560.215(b)(1).
*
*
*
*
*
Dated: December 14, 2012.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2012–30680 Filed 12–21–12; 4:15 pm]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2012–1044]
RIN 1625–AA11
Regulated Navigation Area; Upper
Mississippi River MM 0.0 to MM 185.0;
Cairo, IL to St. Louis, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary regulated
navigation area (RNA) for all waters of
the Upper Mississippi River between
miles 0.0 and 185.0. This RNA is
needed to protect persons, property, and
infrastructure from potential damage
and safety hazards associated with
extreme low water conditions on the
Upper Mississippi River. Any deviation
SUMMARY:
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from the conditions and requirements
put into place are prohibited unless
specifically authorized by the cognizant
Captain of the Port (COTP) (COTP Ohio
Valley for MM 0.0 to MM 109.9 or COTP
Upper Mississippi River for MM 109.9
to MM 185.0) or their designated
representatives.
DATES: This rule is effective in the CFR
on December 26, 2012 and effective
with actual notice for purposes of
enforcement on December 1, 2012, until
March 31, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–1044]. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Dan McQuate, U.S. Coast
Guard; telephone 270–442–1621, email
daniel.j.mcquate@uscg.mil or CWO
Scott Coder, U.S. Coast Guard;
telephone 314–269–2575, email
justin.s.coder@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
AIS Automatic Identification System
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
M/V Motor Vessel
NPRM Notice of Proposed Rulemaking
RIAC River Industry Action Committee
RNA Regulated Navigation Area
UMR Upper Mississippi River
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
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‘‘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. The Coast
Guard has tracked low water conditions
throughout the Western Rivers during
the summer and fall of 2012.
Throughout this time, it has not been
possible to accurately predict the extent
to which rivers may be affected due to
uncertainties with local weather,
specifically rainfall amounts. On
November 20, 2012 the United States
Army Corps of Engineers (USACE) and
Coast Guard hosted a joint meeting with
the River Industry Action Committee
(RIAC), the industry committee for the
Upper Mississippi River (UMR), in St.
Louis, MO. During this meeting the
USACE noted that approximately twothirds of the continental United States
continues to be affected by an ongoing
and persistent drought. As a result of
the drought and the normal annual
reduced flows per the operational plan
for the Missouri River, they predicted
extreme low water conditions in the
UMR beginning in early December 2012.
Therefore, various control measures or
directions to vessels operating on the
UMR are immediately needed to address
safe navigation concerns brought on by
the extreme low water conditions. Due
to the timing of the actual notice of
definitive low water conditions, there is
not enough time to complete the NPRM
process before the onset of extreme low
water conditions that will expose
persons and property to safety hazards,
contrary to the public interest.
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 30 days notice and delaying
the RNA’s effective date would be
contrary to public interest because
immediate action is needed to protect
persons, property and infrastructure
from the potential damage and safety
hazards associated with low water
conditions on the UMR.
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
RNAs.
The purpose of this RNA is to address
safe navigation concerns for persons and
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vessels while extreme low water
conditions exist on the UMR from mile
0.0 to mile 185.0. The extreme low
water conditions pose significant safety
hazards to vessels and mariners
operating on the UMR. For this reason,
the Coast Guard is establishing this RNA
to implement various waterway
operational controls that vessels will
have to follow while operating on the
UMR.
C. Discussion of the Temporary Final
Rule
The Coast Guard is establishing a
temporary RNA for all vessel traffic on
the UMR between mile 0.0 and 185.0,
extending the entire width of the river.
Within this RNA various restrictions
and requirements may be put into effect
based on actual or projected channel
widths and depths. These restrictions
and requirements will be the minimum
necessary for the protection of persons,
property and infrastructure from the
potential damage and safety hazards
associated the extreme low water and
may include, but are not limited to,
limitations on tow size, tow
configuration, vessel/barge draft, assist
vessels, speed, under keel clearance,
vessel traffic reporting, hours of transit,
one way traffic, and use of Automatic
Identification System (AIS) if fitted
onboard a vessel. Enforcement times
and specific restrictions and
requirements for the entire regulated
navigation area, or specific areas within
the regulated navigation area, will be
announced via Broadcast Notice to
Mariners (BNM), through outreach with
RIAC,the Local Notice to Mariners, and
through other public notice.
Any deviation from the requirements
put into place are prohibited unless
specifically authorized by the COTP
Ohio Valley, COTP Upper Mississippi
River, or a designated representative.
Deviations for the specific restrictions
and regulations will be considered and
reviewed on a case-by-case basis. The
COTP Ohio Valley may be contacted by
telephone at 1–800–253–7465. The
COTP Upper Mississippi River may be
contacted by telephone at 314–269–
2332. All COTPs can be reached by
VHF–FM channel 16.
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
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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 rule establishes a
temporary RNA for vessels on all waters
of the UMR from mile 0.0 to mile 185.0.
Notifications of enforcement times of
control measures and requirements put
into effect for the entire RNA, or specific
areas within the RNA, will be
communicated to the marine
community via BNM, through outreach
with RIAC, Local Notice to mariners,
and through other public notice. The
impacts on navigation will be limited to
addressing the safety of mariners and
vessels associated with hazards due to
river conditions during low water.
Operational controls under this RNA
will be the minimum necessary to
protect mariners, vessels, the public,
and the environment from risks due to
extreme low water conditions.
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
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.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit the UMR,
from December 1, 2012 to March 31,
2013. This RNA will not have a
significant economic impact on a
substantial number of small entities
because traffic in this area is limited
almost entirely to recreational vessels
and commercial towing vessels, and this
rule allows vessels to pass through the
area, subject to certain restrictions.
Notifications to the marine community
will be made through BNM,
communications with RIAC, and other
public notice. Notices of changes to the
RNA 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
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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).
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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,
04:58 Dec 22, 2012
Jkt 229001
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.
List of Subjects in 33 CFR Part 165
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
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.
VerDate Mar<15>2010
8. Taking of Private Property
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.
we do discuss the effects of this rule
elsewhere in this preamble.
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
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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 new temporary § 165.T08–
1044 to read as follows:
■
§ 165.T08–1044 Regulated Navigation
Area; Upper Mississippi River between mile
0.0 and 185.0, Cairo, IL to St. Louis, MO.
(a) Location. The following area is a
regulated navigation area (RNA): all
waters of the Upper Mississippi River
between mile 0.0 and 185.0, Cairo,
Illinois, to St. Louis, Missouri,
extending the entire width of the river.
(b) Effective dates. This RNA is
effective and enforceable with actual
notice from December 1, 2012 through
March 31, 2013.
(c) Regulations. (1) Within their
respective portions of the RNA, the
Captains of the Port (COTP) Ohio Valley
and Upper Mississippi River may
prescribe, for all or specific portions of
the RNA, periods of enforcement and
minimum operational requirements
necessary to preserve safe navigation on
the Upper Mississippi River despite
extreme low water conditions,
including, but not limited to, the
required use of assist vessels, vessel
traffic reporting, and Automatic
Information Systems when fitted
onboard a vessel; and restrictions on the
following:
(i) tow size;
(ii) tow configuration;
(iii) vessel/barge draft;
(iv) speed;
(v) under Keel Clearance;
(vi) hours of transit; and
(vii) one way traffic.
(2) All persons and vessels must
comply with any requirement
prescribed under paragraph (c)(1) of this
section.
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(3) Persons or vessels may request an
exception from any requirement
prescribed under paragraph (c)(1) of this
section from the cognizant COTP or
their designated representative who may
be a commissioned, warrant, or petty
officer of the Coast Guard or a military
or civilian member of the U.S. Army
Corps of Engineers. The COTP Ohio
Valley may be contacted by telephone at
1–800–253–7465. The COTP Upper
Mississippi River may be contacted by
telephone at 314–269–2332. Both may
also be contacted on VHF–FM channel
16.
(d) Enforcement. The COTP Ohio
Valley and COTP Upper Mississippi
River will notify the public of the
specific requirements prescribed under
paragraph (c)(1) of this section and of
the times when those requirements will
be enforced or when enforcement will
be suspended, using means designed to
ensure maximum effectual notice
including, but not limited to, broadcast
notices to mariners (BNM) and
communications through the River
Industry Action Committee.
Dated: December 14, 2012.
R.A. Nash,
Rear Admiral, U.S. Coast Guard Eighth
District Commander.
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2012–30983 Filed 12–21–12; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0956]
RIN 1625–AA00
Safety Zone; Bone Island Triathlon,
Atlantic Ocean; Key West, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Atlantic Ocean in Key
West, Florida, during the Bone Island
Triathlon on Saturday, January 12, 2013.
The safety zone is necessary to provide
for the safety of life on navigable waters
during the event. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Key West or
a designated representative.
DATES: This rule is effective from 7:00
a.m. until 12:00 p.m. on January 12,
2013.
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SUMMARY:
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Jkt 229001
Documents mentioned in
this preamble are part of docket [USCG–
2012–0956]. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Marine Science
Technician First Class William G.
Winegar, Sector Key West Prevention
Department, Coast Guard; telephone
(305) 292–8809, email
William.G.Winegar@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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 the
Coast Guard did not receive necessary
information about the event until
November 27, 2012. As a result, the
Coast Guard did not have sufficient time
to publish an NPRM and to receive
public comments prior to the event. Any
delay in the effective date of this rule
would be contrary to the public interest
because immediate action is needed to
minimize potential danger to the race
participants, participant vessels,
spectators, and the general public.
For the same reason discussed above,
under 5 U.S.C. 553(d)(3) the Coast
Guard finds that good cause exists for
making this rule effective less than 30
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75853
days after publication in the Federal
Register.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 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; Public Law 107–295, 116
Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The purpose of the rule is to protect
race participants, participant vessels,
spectators, and the general public from
the hazards associated with the event.
C. Discussion of the Final Rule
On January 12, 2013, Questor
Multisport, LLC is hosting the Bone
Island Triathlon. The event will be held
on the waters of the Atlantic Ocean
located south of Key West, Florida.
Approximately 1000 swimmers will be
participating in the race. It is
anticipated that at least 10 spectator
vessels will be present during the races.
The safety zone encompasses certain
waters of the Atlantic Ocean located
south of Key West, Florida. The safety
zone will be enforced from 7 a.m. until
12 p.m. on January 12, 2013. All persons
and vessels, except those participating
in the event, are prohibited from
entering, transiting, anchoring, or
remaining in the safety zone area.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the race
area by contacting the Captain of the
Port Key West by telephone at 305–292–
8727, or a designated representative via
VHF radio on channel 16. If
authorization to enter, transit through,
anchor in, or remain within the race
area is granted by the Captain of the Port
Key West or a designated representative,
all persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Key West or a designated representative.
The Coast Guard will provide notice of
the regulated area by Local Notice to
Mariners, Broadcast Notice to Mariners,
and on-scene designated
representatives.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
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Agencies
[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75850-75853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30983]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-1044]
RIN 1625-AA11
Regulated Navigation Area; Upper Mississippi River MM 0.0 to MM
185.0; Cairo, IL to St. Louis, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA) for all waters of the Upper Mississippi River
between miles 0.0 and 185.0. This RNA is needed to protect persons,
property, and infrastructure from potential damage and safety hazards
associated with extreme low water conditions on the Upper Mississippi
River. Any deviation from the conditions and requirements put into
place are prohibited unless specifically authorized by the cognizant
Captain of the Port (COTP) (COTP Ohio Valley for MM 0.0 to MM 109.9 or
COTP Upper Mississippi River for MM 109.9 to MM 185.0) or their
designated representatives.
DATES: This rule is effective in the CFR on December 26, 2012 and
effective with actual notice for purposes of enforcement on December 1,
2012, until March 31, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1044]. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Dan McQuate, U.S. Coast Guard; telephone 270-442-1621,
email daniel.j.mcquate@uscg.mil or CWO Scott Coder, U.S. Coast Guard;
telephone 314-269-2575, email justin.s.coder@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
AIS Automatic Identification System
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
M/V Motor Vessel
NPRM Notice of Proposed Rulemaking
RIAC River Industry Action Committee
RNA Regulated Navigation Area
UMR Upper Mississippi River
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
[[Page 75851]]
``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. The Coast Guard has tracked low water conditions
throughout the Western Rivers during the summer and fall of 2012.
Throughout this time, it has not been possible to accurately predict
the extent to which rivers may be affected due to uncertainties with
local weather, specifically rainfall amounts. On November 20, 2012 the
United States Army Corps of Engineers (USACE) and Coast Guard hosted a
joint meeting with the River Industry Action Committee (RIAC), the
industry committee for the Upper Mississippi River (UMR), in St. Louis,
MO. During this meeting the USACE noted that approximately two-thirds
of the continental United States continues to be affected by an ongoing
and persistent drought. As a result of the drought and the normal
annual reduced flows per the operational plan for the Missouri River,
they predicted extreme low water conditions in the UMR beginning in
early December 2012. Therefore, various control measures or directions
to vessels operating on the UMR are immediately needed to address safe
navigation concerns brought on by the extreme low water conditions. Due
to the timing of the actual notice of definitive low water conditions,
there is not enough time to complete the NPRM process before the onset
of extreme low water conditions that will expose persons and property
to safety hazards, contrary to the public interest.
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 30 days
notice and delaying the RNA's effective date would be contrary to
public interest because immediate action is needed to protect persons,
property and infrastructure from the potential damage and safety
hazards associated with low water conditions on the UMR.
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 RNAs.
The purpose of this RNA is to address safe navigation concerns for
persons and vessels while extreme low water conditions exist on the UMR
from mile 0.0 to mile 185.0. The extreme low water conditions pose
significant safety hazards to vessels and mariners operating on the
UMR. For this reason, the Coast Guard is establishing this RNA to
implement various waterway operational controls that vessels will have
to follow while operating on the UMR.
C. Discussion of the Temporary Final Rule
The Coast Guard is establishing a temporary RNA for all vessel
traffic on the UMR between mile 0.0 and 185.0, extending the entire
width of the river. Within this RNA various restrictions and
requirements may be put into effect based on actual or projected
channel widths and depths. These restrictions and requirements will be
the minimum necessary for the protection of persons, property and
infrastructure from the potential damage and safety hazards associated
the extreme low water and may include, but are not limited to,
limitations on tow size, tow configuration, vessel/barge draft, assist
vessels, speed, under keel clearance, vessel traffic reporting, hours
of transit, one way traffic, and use of Automatic Identification System
(AIS) if fitted onboard a vessel. Enforcement times and specific
restrictions and requirements for the entire regulated navigation area,
or specific areas within the regulated navigation area, will be
announced via Broadcast Notice to Mariners (BNM), through outreach with
RIAC,the Local Notice to Mariners, and through other public notice.
Any deviation from the requirements put into place are prohibited
unless specifically authorized by the COTP Ohio Valley, COTP Upper
Mississippi River, or a designated representative. Deviations for the
specific restrictions and regulations will be considered and reviewed
on a case-by-case basis. The COTP Ohio Valley may be contacted by
telephone at 1-800-253-7465. The COTP Upper Mississippi River may be
contacted by telephone at 314-269-2332. All COTPs can be reached by
VHF-FM channel 16.
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 rule establishes a
temporary RNA for vessels on all waters of the UMR from mile 0.0 to
mile 185.0. Notifications of enforcement times of control measures and
requirements put into effect for the entire RNA, or specific areas
within the RNA, will be communicated to the marine community via BNM,
through outreach with RIAC, Local Notice to mariners, and through other
public notice. The impacts on navigation will be limited to addressing
the safety of mariners and vessels associated with hazards due to river
conditions during low water. Operational controls under this RNA will
be the minimum necessary to protect mariners, vessels, the public, and
the environment from risks due to extreme low water conditions.
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 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.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
the UMR, from December 1, 2012 to March 31, 2013. This RNA will not
have a significant economic impact on a substantial number of small
entities because traffic in this area is limited almost entirely to
recreational vessels and commercial towing vessels, and this rule
allows vessels to pass through the area, subject to certain
restrictions. Notifications to the marine community will be made
through BNM, communications with RIAC, and other public notice. Notices
of changes to the RNA 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
[[Page 75852]]
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 new temporary Sec. 165.T08-1044 to read as follows:
Sec. 165.T08-1044 Regulated Navigation Area; Upper Mississippi River
between mile 0.0 and 185.0, Cairo, IL to St. Louis, MO.
(a) Location. The following area is a regulated navigation area
(RNA): all waters of the Upper Mississippi River between mile 0.0 and
185.0, Cairo, Illinois, to St. Louis, Missouri, extending the entire
width of the river.
(b) Effective dates. This RNA is effective and enforceable with
actual notice from December 1, 2012 through March 31, 2013.
(c) Regulations. (1) Within their respective portions of the RNA,
the Captains of the Port (COTP) Ohio Valley and Upper Mississippi River
may prescribe, for all or specific portions of the RNA, periods of
enforcement and minimum operational requirements necessary to preserve
safe navigation on the Upper Mississippi River despite extreme low
water conditions, including, but not limited to, the required use of
assist vessels, vessel traffic reporting, and Automatic Information
Systems when fitted onboard a vessel; and restrictions on the
following:
(i) tow size;
(ii) tow configuration;
(iii) vessel/barge draft;
(iv) speed;
(v) under Keel Clearance;
(vi) hours of transit; and
(vii) one way traffic.
(2) All persons and vessels must comply with any requirement
prescribed under paragraph (c)(1) of this section.
[[Page 75853]]
(3) Persons or vessels may request an exception from any
requirement prescribed under paragraph (c)(1) of this section from the
cognizant COTP or their designated representative who may be a
commissioned, warrant, or petty officer of the Coast Guard or a
military or civilian member of the U.S. Army Corps of Engineers. The
COTP Ohio Valley may be contacted by telephone at 1-800-253-7465. The
COTP Upper Mississippi River may be contacted by telephone at 314-269-
2332. Both may also be contacted on VHF-FM channel 16.
(d) Enforcement. The COTP Ohio Valley and COTP Upper Mississippi
River will notify the public of the specific requirements prescribed
under paragraph (c)(1) of this section and of the times when those
requirements will be enforced or when enforcement will be suspended,
using means designed to ensure maximum effectual notice including, but
not limited to, broadcast notices to mariners (BNM) and communications
through the River Industry Action Committee.
Dated: December 14, 2012.
R.A. Nash,
Rear Admiral, U.S. Coast Guard Eighth District Commander.
[FR Doc. 2012-30983 Filed 12-21-12; 4:15 pm]
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