Safety Zone; Salvage Operations at Marseilles Dam; Illinois River, 34258-34261 [2013-13520]
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Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations
(5) Vessels must contact the Ninth
District Commander’s on-scene
representative at (630) 336–0300 prior to
processing through Lock and Dams
within the RNA as follows:
(i) Northbound vessels must contact
the Ninth District Commander’s onscene representative at (630) 336–0300 1
hour prior to anticipated lockage at
Marseilles Lock and Dam. A secondary
contact to the Ninth District
Commander’s on-scene representative
must be made prior to Mile Marker
240.6 to obtain a lockage authorization
code.
(ii) Southbound vessels must contact
the Ninth District Commander’s onscene representative at (630) 336–0300 1
hour prior to anticipated lockage at
Marseilles Lock and Dam. A secondary
contact to the Ninth District
Commander’s on-scene representative
must be made prior to Mile Marker 250
to obtain a lockage authorization code.
(6) Vessel operators given permission
to enter, operate, or transit within the
regulated navigations area must comply
with all directions given to them by the
Ninth District Commander, Captain of
the Port, Lake Michigan, or a designated
on-scene representative. The ‘‘on-scene
representative’’ of the Ninth District
Commander will be standing watch at
the Marseilles Lock and is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Ninth District Commander to act on his
behalf.
(d) Exceptions. (1) Vessels with tow
transiting northbound through the RNA
may break their tow beyond Mile
Marker 250.
(2) Vessels with tow transiting
southbound through the RNA may break
their tow beyond Mile Marker 240.6.
(e) Exemptions. Public vessels,
defined in 46 USC 2101(24) as vessels
that are owned, or demise chartered,
and operated by the United States
Governemnt or a government of a
foreign country; and are not engaged in
commercial service, are exempt from the
requirements in this section.
(f) Waiver. For any vessel, the Ninth
District Commander or the Captain of
the Port Lake Michigan may waive the
requirements of this section, upon
finding that operational conditions or
other circumstances are such that
application of this section is
unnecessary or impractical for the
purposes of public or environmental
safety.
(g) Notification. In keeping with 33
CFR 165.7(a), the Ninth District
Commander will notify the public of the
enforcement of this RNA by all
appropriate means, including
publication in the Federal Register.
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Such means of notification may also
include, but are not limited to,
Broadcast Notice to Mariners or Local
Notice to Mariners.
Dated: May 3, 2013.
M.N. Parks,
Rear Admiral, U. S. Coast Guard Commander,
Ninth Coast Guard District.
Michigan, Milwaukee, WI at (414) 747–
7148 or by email at Joseph.P.McCollum
@USCG.mil. If you have questions on
viewing or submitting material to the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2013–13521 Filed 6–6–13; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
RNA Regulated Navigation Area
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0405]
RIN 1625–AA00
Safety Zone; Salvage Operations at
Marseilles Dam; Illinois River
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Illinois River starting
at Mile Marker 246.9 and extending 600
yards upstream of the Marseilles Dam to
Mile Marker 247.2. This zone is
intended to restrict the movement of
vessels due to the salvage operations
and repair efforts at the Marseilles Dam.
This safety zone is necessary to protect
the general public, vessels, and tows
from the hazards associated with those
repair and salvage operations.
DATES: This rule is effective in the CFR
June 7, 2013 through November 30,
2013. This rule is effective for purposes
of enforcement with actual notice on
May 17, 2013. This rule will remain in
effect until November 30, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0405]. 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, contact
MST1 Joseph McCollum, Prevention
Department, Coast Guard Sector Lake
SUMMARY:
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A. Regulatory History and Information
On April 18, 2013, in light of
dangerously high water conditions, the
Coast Guard established a temporary
safety zone on the Illinois River from
Mile Marker 187.2 to Mile Marker 285.9
(USCG–2013–0299). The safety zone
restricted recreational and commercial
vessel transits in the zone without the
permission of the Captain of the Port
Lake Michigan. Because of the emergent
nature of the flooding, the Coast Guard
did not solicit comments before
establishing this temporary safety zone.
On April 26, 2013, in order to
facilitate commerce and in
consideration of salvage operations
around the Marseilles Dam, the Coast
Guard established a temporary safety
zone (USCG–2013–0323) that
authorized commercial vessels to transit
the Illinois River except from Mile
Marker 244 to Mile Marker 252.
Recreational vessels were prohibited
from Mile Marker 187.2 to 285.9.
Because of the emergent nature of the
flooding, the Coast Guard also did not
solicit comments prior to establishing
this temporary safety zone.
On April 29, 2013, to further ensure
the safety of those vessels transiting in
the vicinity of the Marseilles Dam and
the salvage operations there, the Coast
Guard established a temporary safety
zone (USCG–2013–0334) that restricted
access on the Illinois River from the
gates of the Dresden Lock and Dam at
Mile Marker 271.4 to the gates of the
Starved Rock Lock and Dam at Mile
Marker 231.0. Because of the emergent
nature of the flooding, the Coast Guard
also did not solicit comments prior to
establishing this temporary safety zone.
On May 3, 2013 the Coast Guard
established an RNA on the Illinois River
from the gates of the Dresden Lock and
Dam at Mile Marker 271.4 to Mile
Marker 240.0 (USCG–2013–0344). This
RNA was established to ensure the
safety of those vessels transiting in the
vicinity of the Marseilles Dam and the
Salvage Operation there. Enforcement of
the prior safety zones were suspended.
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The RNA established restrictions which:
directed vessels to transit under optimal
ambient conditions; controlled tow
configurations and other operational
conditions; and established conditions
which required a check-in process
through Marseilles Lock and Dam.
Because of the emergent nature of the
river conditions, and the potential
compromise of the Marseilles Dam, the
Coast Guard also did not solicit
comments prior to establishing this
RNA.
Now the Coast Guard is issuing a fifth
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 Coast Guard
is issuing this rule in response to an
immediate and hazardous situation
which involves: salvage operations in
the vicinity of the Marseilles Dam.
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 persons and vessels from the
hazards, which are discussed further
below, associated with the salvage
operations and repair efforts at the
Marseilles Dam.
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 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and 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; Pub. L. 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1.
Heavy and extended periods of rain
during the first half of the month of
April resulted in dangerously high
waters within the Illinois River,
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bringing excessive debris, rapidlyflowing water, and complicating vessel
navigation. These high and rapidlymoving waters also threatened to
damage critical infrastructure including
river levees.
Since April 18, 2013, seven barges
broke loose from their tow during an
approach to the Marseilles Lock canal
and lodged against the Marseilles Dam.
Salvage operations are underway to
recover the barges. The salvage
operations involve the use of multiple
barges, cranes, vessels, and heavy
equipment. A survey of the Marseilles
Dam found that two gates had been
severely damaged. Thus, in addition to
the current hazardous conditions
involved in the salvage operation, the
Captain of the Port is issuing this
temporary final rule for an extended
effective period to allow for the repair
efforts at the Marseilles Dam and the
hazardous conditions which will be
present during that time.
The safety risks associated with these
conditions include collisions among
heavy equipment, barges, and work
vessels involved in the salvage and
repair effort and passing vessel traffic,
as well as damage or injury caused by
falling debris.
C. Discussion of Rule
The Captain of the Port, Lake
Michigan, has determined that a safety
zone is necessary to mitigate the
aforementioned safety risks. Thus, this
rule establishes a safety zone that
encompasses all waters of the Illinois
River starting at Mile Marker 246.9 and
extending 600 yards upstream of the
Marseilles Dam to Mile Marker 247.2.
This rule will restrict vessels that intend
to transit this portion of the Illinois
River. This rule is effective and will be
enforced with actual notice from May
17, 2013 until November 30, 2013.
The Captain of the Port Lake
Michigan will notify the public that this
safety zone is being enforced by all
appropriate means to the affected
segments of the public including
publication in the Federal Register as
practicable, in accordance with 33 CFR
165.7(a). Such means of notification
may also include, but are not limited to
Broadcast Notice to Mariners or Local
Notice to Mariners.
All persons and vessels shall comply
with the instructions of the Captain of
the Port, Lake Michigan, or his or her
designated on-scene representative.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Lake Michigan, or his or her
designated on-scene representative. The
Captain of the Port, Lake Michigan, or
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his or her designated on-scene
representative may be contacted via
VHF Channel 16 or by contacting the
Coast Guard Sector Lake Michigan
Command Center at (414) 747–7182.
D. Regulatory Analysis
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 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 that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for about
six months to allow for vital salvage and
repair operations. Also, this safety zone
is designed to minimize its impact on
navigable waters by allowing vessels to
transit unrestricted to portions of the
waterways not affected by the safety
zone. Thus, restrictions on vessel
movements within that particular area
are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by the Captain of the
Port, Lake Michigan. On the whole, the
Coast Guard expects insignificant
adverse impact to mariners from the
activation of this safety zone.
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 term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
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The Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit portions of
the Illinois River during the time that
this zone is enforced.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: this safety zone is
designed to allow vessels to transit
unrestricted to portions of the
waterways not affected by the safety
zone; an area to the south of the salvage
and repair operations has been provided
to allow traffic to transit the Illinois
River when conditions surrounding the
salvage operations allow. This safety
zone would be effective and thus subject
to enforcement, for about six months.
Traffic may be allowed to pass through
the zone with the permission of the
Captain of the Port. The Captain of the
Port can be reached via VHF channel 16.
Before the enforcement of the zone, we
would issue local Broadcast Notice to
Mariners.
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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 so they can
better evaluate its effects on them. If this
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 section 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. 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
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
7. Taking of Private Property
This rule will not affect the taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
8. 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.
9. 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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
10. 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.
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11. 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.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. 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 involves the
establishment of a safety zone, and thus,
paragraph 34(g) of figure 2–1 in
Commandant Instruction M16475.lD
applies.
An environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0405 to read as
follows:
■
§ 165.T09–0405 Safety Zone; Salvage
Operations at Marseilles Dam; Illinois River.
(a) Location. All waters of the Illinois
River starting at Mile Marker 246.9 and
extending 600 yards upstream of the
Marseilles Dam to Mile Marker 247.2.
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(b) Effective and Enforcement Period.
This safety zone will be effective and
enforced from May 17, 2013, until
November 30, 2013.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port,
Lake Michigan or his designated onscene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Lake Michigan or his designated onscene representative. The Captain of the
Port, Lake Michigan or his on-scene
representative may make exceptions to
the restrictions of this safety zone for
vessels intending to transit the Illinois
River via the Marseilles Lock Canal and
its approach channel south of Marseilles
Dam. Notice of this exception, or other
exceptions, will be made via Broadcast
Notice to Mariners.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port,
Lake Michigan to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Lake
Michigan or his on-scene representative
to obtain permission to do so. The
Captain of the Port, Lake Michigan or
his on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port, Lake Michigan, or
his on-scene representative.
Dated: May 17, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2013–13520 Filed 6–6–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
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[CFDA Number: 84.133B–10]
Final Priority—National Institute on
Disability and Rehabilitation
Research—Rehabilitation Research
and Training Centers
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
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The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority for the
Disability and Rehabilitation Research
Projects and Centers Program
administered by the National Institute
on Disability and Rehabilitation
Research (NIDRR).
Specifically, we announce a priority
for a Rehabilitation Research and
Training Center (RRTC) on Promoting
Healthy Aging for Individuals with
Long-Term Physical Disabilities. The
Assistant Secretary may use this priority
for competitions in fiscal year (FY) 2013
and later years. We take this action to
focus research attention on areas of
national need. We intend this priority to
improve health and function outcomes
for individuals aging with long-term
physical disabilities.
DATES: Effective Date: This priority is
effective July 8, 2013.
FOR FURTHER INFORMATION CONTACT:
Marlene Spencer, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5133, Potomac Center Plaza
(PCP), Washington, DC 20202–2700.
Telephone: (202) 245–7532 or by email:
marlene.spencer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of
the Disability and Rehabilitation
Research Projects and Centers Program
is to plan and conduct research,
demonstration projects, training, and
related activities, including
international activities, to develop
methods, procedures, and rehabilitation
technology that maximize the full
inclusion and integration into society,
employment, independent living, family
support, and economic and social selfsufficiency of individuals with
disabilities, especially individuals with
the most severe disabilities, and to
improve the effectiveness of services
authorized under the Rehabilitation Act
of 1973, as amended (Rehabilitation
Act).
SUMMARY:
Rehabilitation Research and Training
Centers
The purpose of the RRTCs, which are
funded through the Disability and
Rehabilitation Research Projects and
Centers Program, is to achieve the goals
of, and improve the effectiveness of,
services authorized under the
Rehabilitation Act through advanced
research, training, technical assistance,
and dissemination activities in general
problem areas, as specified by NIDRR.
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34261
These activities are designed to benefit
rehabilitation service providers,
individuals with disabilities, and the
family members or other authorized
representatives of individuals with
disabilities. Additional information on
the RRTC program can be found at:
www.ed.gov/rschstat/research/pubs/resprogram.html#RRTC.
Program Authority: 29 U.S.C. 762(g)
and 764(b)(2).
Applicable Program Regulations: 34
CFR part 350.
We published a notice of proposed
priority in the Federal Register on
March 6, 2013 (78 FR 14483). That
notice contained background
information and our reasons for
proposing the particular priority.
There are differences between the
proposed priority and this final priority
as discussed under Analysis of
Comments and Changes.
Public Comment: In response to our
invitation in the notice of proposed
priority, three parties submitted
comments on the proposed priority.
Generally, we do not address
technical and other minor changes or
suggested changes the law does not
authorize us to make under the
applicable statutory authority. In
addition, we do not address general
comments that raised concerns not
directly related to the proposed priority.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priority since publication
of the notice of proposed priority
follows.
Comment: Two commenters asked
NIDRR to clarify the meaning of the
phrase ‘‘individuals with long-term
physical disabilities’’ so that applicants
can submit proposals that are in line
with NIDRR’s intent.
Discussion: The proposed priority did
not define ‘‘individuals with long-term
physical disabilities.’’ In the final
priority we clarify that the phrase
‘‘individuals with long-term physical
disabilities’’ refers to individuals who
acquired a disability during the life
course from birth to childhood to
middle age and are now aging with their
disability. Although NIDRR is providing
this clarification, we are purposefully
using broad terminology to allow
applicants to choose the target
population or populations that are most
relevant to their research questions and
purposes. We do not want to preclude
promising research by providing an
overly prescriptive definition of the
target population. The peer review
process will determine the merits of
each proposal.
Changes: NIDRR has revised the
opening paragraph of the priority to add
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]]>Agencies
[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Rules and Regulations]
[Pages 34258-34261]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13520]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0405]
RIN 1625-AA00
Safety Zone; Salvage Operations at Marseilles Dam; Illinois River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Illinois River starting at Mile Marker 246.9 and
extending 600 yards upstream of the Marseilles Dam to Mile Marker
247.2. This zone is intended to restrict the movement of vessels due to
the salvage operations and repair efforts at the Marseilles Dam. This
safety zone is necessary to protect the general public, vessels, and
tows from the hazards associated with those repair and salvage
operations.
DATES: This rule is effective in the CFR June 7, 2013 through November
30, 2013. This rule is effective for purposes of enforcement with
actual notice on May 17, 2013. This rule will remain in effect until
November 30, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0405]. 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,
contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at (414) 747-7148 or by email at
Joseph.P.McCollum@USCG.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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
TFR Temporary Final Rule
RNA Regulated Navigation Area
A. Regulatory History and Information
On April 18, 2013, in light of dangerously high water conditions,
the Coast Guard established a temporary safety zone on the Illinois
River from Mile Marker 187.2 to Mile Marker 285.9 (USCG-2013-0299). The
safety zone restricted recreational and commercial vessel transits in
the zone without the permission of the Captain of the Port Lake
Michigan. Because of the emergent nature of the flooding, the Coast
Guard did not solicit comments before establishing this temporary
safety zone.
On April 26, 2013, in order to facilitate commerce and in
consideration of salvage operations around the Marseilles Dam, the
Coast Guard established a temporary safety zone (USCG-2013-0323) that
authorized commercial vessels to transit the Illinois River except from
Mile Marker 244 to Mile Marker 252. Recreational vessels were
prohibited from Mile Marker 187.2 to 285.9. Because of the emergent
nature of the flooding, the Coast Guard also did not solicit comments
prior to establishing this temporary safety zone.
On April 29, 2013, to further ensure the safety of those vessels
transiting in the vicinity of the Marseilles Dam and the salvage
operations there, the Coast Guard established a temporary safety zone
(USCG-2013-0334) that restricted access on the Illinois River from the
gates of the Dresden Lock and Dam at Mile Marker 271.4 to the gates of
the Starved Rock Lock and Dam at Mile Marker 231.0. Because of the
emergent nature of the flooding, the Coast Guard also did not solicit
comments prior to establishing this temporary safety zone.
On May 3, 2013 the Coast Guard established an RNA on the Illinois
River from the gates of the Dresden Lock and Dam at Mile Marker 271.4
to Mile Marker 240.0 (USCG-2013-0344). This RNA was established to
ensure the safety of those vessels transiting in the vicinity of the
Marseilles Dam and the Salvage Operation there. Enforcement of the
prior safety zones were suspended.
[[Page 34259]]
The RNA established restrictions which: directed vessels to transit
under optimal ambient conditions; controlled tow configurations and
other operational conditions; and established conditions which required
a check-in process through Marseilles Lock and Dam. Because of the
emergent nature of the river conditions, and the potential compromise
of the Marseilles Dam, the Coast Guard also did not solicit comments
prior to establishing this RNA.
Now the Coast Guard is issuing a fifth 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 Coast
Guard is issuing this rule in response to an immediate and hazardous
situation which involves: salvage operations in the vicinity of the
Marseilles Dam. 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 persons and vessels from the hazards, which are discussed
further below, associated with the salvage operations and repair
efforts at the Marseilles Dam.
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 30 day notice period to run would
be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and 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; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
Heavy and extended periods of rain during the first half of the
month of April resulted in dangerously high waters within the Illinois
River, bringing excessive debris, rapidly-flowing water, and
complicating vessel navigation. These high and rapidly-moving waters
also threatened to damage critical infrastructure including river
levees.
Since April 18, 2013, seven barges broke loose from their tow
during an approach to the Marseilles Lock canal and lodged against the
Marseilles Dam. Salvage operations are underway to recover the barges.
The salvage operations involve the use of multiple barges, cranes,
vessels, and heavy equipment. A survey of the Marseilles Dam found that
two gates had been severely damaged. Thus, in addition to the current
hazardous conditions involved in the salvage operation, the Captain of
the Port is issuing this temporary final rule for an extended effective
period to allow for the repair efforts at the Marseilles Dam and the
hazardous conditions which will be present during that time.
The safety risks associated with these conditions include
collisions among heavy equipment, barges, and work vessels involved in
the salvage and repair effort and passing vessel traffic, as well as
damage or injury caused by falling debris.
C. Discussion of Rule
The Captain of the Port, Lake Michigan, has determined that a
safety zone is necessary to mitigate the aforementioned safety risks.
Thus, this rule establishes a safety zone that encompasses all waters
of the Illinois River starting at Mile Marker 246.9 and extending 600
yards upstream of the Marseilles Dam to Mile Marker 247.2. This rule
will restrict vessels that intend to transit this portion of the
Illinois River. This rule is effective and will be enforced with actual
notice from May 17, 2013 until November 30, 2013.
The Captain of the Port Lake Michigan will notify the public that
this safety zone is being enforced by all appropriate means to the
affected segments of the public including publication in the Federal
Register as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification may also include, but are not limited to Broadcast
Notice to Mariners or Local Notice to Mariners.
All persons and vessels shall comply with the instructions of the
Captain of the Port, Lake Michigan, or his or her designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port, Lake
Michigan, or his or her designated on-scene representative. The Captain
of the Port, Lake Michigan, or his or her designated on-scene
representative may be contacted via VHF Channel 16 or by contacting the
Coast Guard Sector Lake Michigan Command Center at (414) 747-7182.
D. Regulatory Analysis
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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 that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this rule is not a
significant regulatory action because we anticipate that it will have
minimal impact on the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues. The safety zone
created by this rule will be relatively small and enforced for about
six months to allow for vital salvage and repair operations. Also, this
safety zone is designed to minimize its impact on navigable waters by
allowing vessels to transit unrestricted to portions of the waterways
not affected by the safety zone. Thus, restrictions on vessel movements
within that particular area are expected to be minimal. Under certain
conditions, moreover, vessels may still transit through the safety zone
when permitted by the Captain of the Port, Lake Michigan. On the whole,
the Coast Guard expects insignificant adverse impact to mariners from
the activation of this safety zone.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
[[Page 34260]]
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit portions of the Illinois River during the time that this
zone is enforced.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
safety zone is designed to allow vessels to transit unrestricted to
portions of the waterways not affected by the safety zone; an area to
the south of the salvage and repair operations has been provided to
allow traffic to transit the Illinois River when conditions surrounding
the salvage operations allow. This safety zone would be effective and
thus subject to enforcement, for about six months. Traffic may be
allowed to pass through the zone with the permission of the Captain of
the Port. The Captain of the Port can be reached via VHF channel 16.
Before the enforcement of the zone, we would issue local Broadcast
Notice to Mariners.
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 so they can better evaluate its
effects on them. If this 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 section 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. 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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
7. Taking of Private Property
This rule will not affect the taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
8. 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.
9. 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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
10. 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.
11. 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.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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 involves the establishment of a safety zone, and
thus, paragraph 34(g) of figure 2-1 in Commandant Instruction M16475.lD
applies.
An environmental analysis checklist supporting this determination
and a Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. We seek comments or information that
may lead to the discovery of a significant environmental impact from
this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T09-0405 to read as follows:
Sec. 165.T09-0405 Safety Zone; Salvage Operations at Marseilles Dam;
Illinois River.
(a) Location. All waters of the Illinois River starting at Mile
Marker 246.9 and extending 600 yards upstream of the Marseilles Dam to
Mile Marker 247.2.
[[Page 34261]]
(b) Effective and Enforcement Period. This safety zone will be
effective and enforced from May 17, 2013, until November 30, 2013.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port, Lake
Michigan or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Lake Michigan or his
designated on-scene representative. The Captain of the Port, Lake
Michigan or his on-scene representative may make exceptions to the
restrictions of this safety zone for vessels intending to transit the
Illinois River via the Marseilles Lock Canal and its approach channel
south of Marseilles Dam. Notice of this exception, or other exceptions,
will be made via Broadcast Notice to Mariners.
(3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan to
act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Lake Michigan or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan or his on-scene representative may be contacted via
VHF Channel 16. Vessel operators given permission to enter or operate
in the safety zone must comply with all directions given to them by the
Captain of the Port, Lake Michigan, or his on-scene representative.
Dated: May 17, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-13520 Filed 6-6-13; 8:45 am]
BILLING CODE 9110-04-P
