Safety Zones; Upper Mississippi River Between Mile 38.0 and 46.0, Thebes, IL; and Between Mile 78.0 and 81.0, Grand Tower, IL, 66622-66626 [2014-26669]
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Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Rules and Regulations
deviation allows the bridge to remain
temporarily closed to navigation for an
additional one hour in the evening
during weekdays for two months.
DATES: This deviation is effective from
5:30 p.m. on Friday, December 26, 2014
through 6:30 p.m. on Friday, February
20, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2014–0960] is
available at 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 deviation. 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
deviation, call or email David Frank,
Bridge Administration Branch, Coast
Guard; telephone 504–671–2128, email
David.M.Frank@uscg.mil. If you have
questions on viewing the docket, call
Cheryl F. Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: A member
of the Louisiana State Legislature
requested a temporary deviation from
the operating schedule on the Louisiana
State Route 23 (SR 23) vertical lift span
bridge, also known as the Judge Perez
Bridge, across the Gulf Intracoastal
Waterway (Algiers Alternate Route),
mile 3.8, at Belle Chasse, Plaquemines
Parish, Louisiana. The deviation
requested allows the bridge to remain
closed to navigation for an additional
one hour in the evening, Monday
through Friday, for two months. This
same deviation was effective from early
March 2014 through April 2014, and no
issues resulted.
The Louisiana Legislature requested
this deviation due to a change in the
work schedule and increased work force
related to a major plant reconstruction
at the Conoco/Phillips Refinery in
Alliance. During this change, a
temporary deviation will assist in the
safe movement of vehicular traffic
across the bridge and will also help to
minimize the effects of the additional
traffic on local residents.
Presently, in accordance with 33 CFR
117.451(b), the draw shall open on
signal; except that, from 6 a.m. to 8:30
a.m. and from 3:30 p.m. to 5:30 p.m.
Monday through Friday, except Federal
holidays, the draw need not open for the
passage of vessels.
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This temporary deviation allows the
vertical lift bridge to remain closed to
navigation for one additional hour in
the afternoon. This additional hour
extends the afternoon curfew hours to
6:30 p.m. Monday through Friday
beginning December 26, 2014 through
February 20, 2015. In case of an
emergency, the bridge will be able to
open for the passage of vessels.
The State Route 23 vertical lift span
drawbridge across the Gulf Intracoastal
Waterway (Algiers Alternate Route),
mile 3.8, at Belle Chasse, Louisiana has
a vertical clearance of 40 feet above
mean high water in the closed-tonavigation position and 100 feet above
mean high water in the open-tonavigation position. Navigation on the
waterway consists primarily of tugs
with tows, commercial fishing vessels,
and occasional recreational craft.
Mariners may use the Gulf Intracoastal
Waterway (Harvey Canal) to avoid
unnecessary delays. The Coast Guard
has coordinated this closure with the
Gulf Intracoastal Canal Association
(GICA). The GICA representative
indicated that the vessel operators will
be able to schedule transits through the
bridge to avoid delays and significant
impacts on operations. Due to prior
experience, as well as coordination with
waterway users, it has been determined
that this closure will not have a
significant effect on these vessels.
In accordance with 33 CFR 117.35,
the draw bridge must return to its
regular operating schedule immediately
at the end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: October 27, 2014.
David M. Frank,
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2014–26531 Filed 11–7–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0907]
RIN 1625–AA00
Safety Zones; Upper Mississippi River
Between Mile 38.0 and 46.0, Thebes, IL;
and Between Mile 78.0 and 81.0, Grand
Tower, IL
AGENCY:
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Coast Guard, DHS.
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Interim rule and request for
comments.
ACTION:
The Coast Guard is
establishing safety zones for all waters
of the Upper Mississippi River (UMR)
from mile 38.0 to 46.0 and from mile
78.0 to 81.0. These safety zones are
needed to protect persons, property, and
infrastructure from potential damage
and safety hazards associated with
subsurface rock removal in 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) Ohio Valley
or his designated representatives.
DATES: This rule is effective November
10, 2014. Comments and related
material must be received by the Coast
Guard on or before December 10, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0907]. 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.
You may submit comments, identified
by docket number, using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
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. If you have
questions on viewing or submitting
SUMMARY:
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know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
material to the docket, call Cheryl F.
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
AIS Automated Information System
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
MSU Marine Safety Unit
M/V Motor Vessel
NPRM Notice of Proposed Rulemaking
RIAC River Industry Action Committee
UMR Upper Mississippi River
USACE United States Army Corps of
Engineers
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on ‘‘Submit
a Comment’’ on the line associated with
this rulemaking
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
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2. Viewing Comments and Documents
To view comments, as well as
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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
Based on forecasted historical low
water on the UMR in the fall of 2012,
the USACE contracted subsurface rock
removal operations in Thebes, IL to
mitigate the effects of the forecasted low
water event. In order to provide
additional safety measures and regulate
navigation during low water and the
planned rock removal operations, the
Coast Guard published a temporary final
rule in the Federal Register for an RNA
from mile 0.0 to 185.0 UMR (77 FR
75850). The RNA was in effect from
December 1, 2012 until March 31, 2013,
which is when river levels rebounded
and the subsurface rock removal
operation was delayed because of high
water levels. During the effective period
for this temporary RNA, restrictions
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were enforced for a total of
approximately 45 days.
In the fall of 2013, based on changing
river conditions, low water was again
forecasted and the USACE’s contracted
subsurface rock removal operations in
Thebes, IL were scheduled to resume.
The Coast Guard then published a
second temporary final rule in the
Federal Register re-establishing the
RNA (78 FR 70222). Based on the
forecasted water levels and the plans
and needs for the resumed rock removal
operations, the RNA covered a smaller
river section extending from mile 0.0 to
109.9 on the UMR. The RNA was
implemented to ensure the safety of the
USACE contractors and marine traffic
during the actual rock removal work,
and to support the safe and timely
clearing of vessel queues at the
conclusion of the work each day. The
RNA was in effect from November 4,
2013 until April 12, 2014, but was only
enforced from December 10, 2013 until
February 19, 2014 due to water levels
increasing and forcing the USACE
contractors to cease rock removal
operations. During the times the RNA
was enforced, the Coast Guard worked
with the USACE, RIAC, and the USACE
contractor to implement river closures
and various restrictions to maximize the
size of tows that could safely pass while
keeping the USACE contractor crews
safe. The Coast Guard also assisted in
clearing vessel queues after each closure
or restriction.
On April 17, 2014, MSU Paducah
contacted USACE St. Louis to determine
if subsurface rock removal operations
will be conducted in the Upper
Mississippi River in the vicinity of
Thebes, IL in future years. USACE St.
Louis reported that such operations are
anticipated to continue as river
conditions permit, and that there are
multiple phases of subsurface rock
removal operations remaining. On
August 28, 2014 USACE St. Louis
notified the Coast Guard that based on
recently acquired data, rock removal
operations will also be required in the
Upper Mississippi River between miles
78.0 and 81.0 at Grand Tower, IL in the
future.
USACE St. Louis also informed the
Coast Guard that the environmental
window for these operations each year
moving forward is July 1 to April 12.
However, river conditions likely will
not permit work for the majority of that
timeframe each year, and in some years
river conditions may not permit any
work on this project to be completed.
This project is expected to go on
indefinitely when river conditions
permit during the allowable times
within the environmental windows. For
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continuity and based on the necessary
restrictions, USACE St. Louis requested
continued involvement of the Coast
Guard for navigation expertise and
facilitating restrictions with users of the
waterway and the contractor. According
to USACE St. Louis, the majority of the
rock removal operations will impact
vessel traffic and requested that the
Coast Guard establish restrictions under
33 CFR Part 165, Regulated Navigation
Areas and Limited Access Areas to
maintain safety of navigation during the
rock removal project. The Coast
determined that safety zones, one type
of Limited Access Area provided for
under 33 CFR Part 165, will provide the
necessary additional safety measures to
ensure commerce can continue to
navigate safely while the contractors are
working. These safety zones limit access
to specific areas of the river during rock
removal operations rather than creating
a larger regulated area encompassing the
entire stretch of river where the work
may take place.
The Coast Guard is issuing this
interim 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. This interim
rule is effective upon publication
without prior notice through
publication in the Federal Register, but
also invites comments regarding the
creation of permanent safety zones
before the rule is published in final
form. The Coast Guard will address all
comments accordingly, whether through
response, additional revision to the
regulation, or otherwise. Completing the
full NPRM process would cause an
unnecessary delay in publishing
enforceable safety zones. This interim
rule affords the public the opportunity
to comment while the safety zones are
in place but before making it a final
rule.
For this year, the rock removal
operations could begin again as soon as
September 15, 2014. The commercial
towing vessel industry, through RIAC,
has been notified that these operations
will be conducted in future years and
the additional restrictions provided by
the safety zones will be necessary
during that work. Other restrictions
encompassing larger sections of the
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river have been in place through
temporary RNAs during the last two
work seasons in 2012 and 2013. The
Coast Guard did not receive any
feedback causing us to believe the
public opposes restrictions for future
years to continue facilitating safe
navigation and commerce during the
subsurface rock removal operations,
being conducted to benefit the towing
industry during future low water events.
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 day notice would
unnecessarily delay the safety zones
effective date for restrictions that may
need to go into effect as soon as
September 15, 2014.
C. 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; Public Law 107–295,
116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
safety zones.
The purpose of these safety zones are
to protect persons and vessels while
subsurface rock removal operations are
ongoing on the UMR from mile 38.0 to
mile 46.0 and from mile 78.0 to mile
81.0. The removal operations pose
significant safety hazards to vessels and
mariners operating on the UMR. At the
previous request of RIAC and after
reviewing best practices from the
previous temporary RNAs in effect in
2012 and 2013, the Coast Guard plans
to assist in facilitating the clearing of
vessel queues in future years following
restricted access on the UMR from mile
38.0 to mile 46.0 and from mile 78.0 to
mile 81.0. For these reasons, the Coast
Guard is to establishing these safety
zones to limit vessel access between
mile 38.0 and mile 46.0, and between
mile 78.0 and mile 81.0 on the UMR.
Once comments to this interim rule are
received and addressed, the intent is to
follow with a final rule. The final rule
will address and take into account as
necessary comments made during
comment period for this interim rule.
D. Discussion of the Interim Rule
The Coast Guard is establishing these
safety zones for all vessel traffic on the
UMR from mile 38.0 to mile 46.0, and
from mile 78.0 to mile 81.0, extending
the entire width of the river. These
safety zones will be enforced based on
the actual or planned subsurface rock
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removal operations between mile 38.0
and mile 46.0 and between mile 78.0
and mile 81.0. Restrictions and
requirements for these safety zones and
related to approval to transit through
these safety zones will be the minimum
necessary to protect persons, property,
and infrastructure from the potential
hazards associated with low water and
subsurface rock removal operations.
Such restrictions may include, but are
not limited to, river closures, tow size,
tow configuration, vessel/barge draft,
assist vessels, speed, hours of transit,
and one-way traffic. These restrictions,
in addition to required use of AIS when
fitted, and vessel reporting previously
existed under temporary RNA’s (77 FR
75850 and 78 FR 70222) covering a
much broader segment of the UMR.
Enforcement times and specific
restrictions and requirements will be
announced via Broadcast Notice to
Mariners (BNM), through outreach with
the RIAC, through LNM, or through
other public notice. Any deviation from
the requirements put into place are
prohibited unless specifically
authorized by the COTP Ohio Valley, or
a designated representative. Requests to
deviate from 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 or can be
reached by VHF–FM channel 16.
E. 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 safety zones for
vessels on all waters of the UMR from
mile 38.0 to mile 46.0, and from mile
78.0 to mile 81.0. The safety zones listed
in this interim rule will only restrict
vessel traffic from entering, transiting,
or anchoring within specific sections of
the UMR. Notifications of enforcement
times and restrictions put into effect for
these safety zones will be
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communicated to the marine
community via BNM, through outreach
with RIAC, and through LNMs. Such
notices provide the opportunity for
industry to plan transits accordingly
and work around the schedule of rock
removal operations as necessary. The
impacts on navigation will be limited to
ensuring the safety of mariners and
vessels associated with hazards
presented by USACE contractor
operations involving subsurface rock
removal, and the safe and timely
resumption of vessel traffic following
any river closures or restrictions
associated with subsurface rock removal
operations. Restrictions under these
safety zones will be the minimum
necessary to protect mariners, vessels,
the public, and the environment from
known or perceived risks.
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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.
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
during USACE contracted subsurface
rock removal operations. These safety
zones will not have a significant
economic impact on a substantial
number of small entities for the
following reasons. While the safety
zones listed in this interim rule will
restrict vessel traffic from entering,
transiting, or anchoring within specific
sections of the UMR, this rule does
allow for the intermittent passing of
vessels. Traffic in this area is limited to
almost entirely recreational vessels and
commercial towing vessels subject to
noticed restrictions and requirements.
Notifications to the marine community
will be made through BNM, LNM, and
communications with RIAC. Notices of
changes to the safety zones and
enforcement times will also be made.
Additionally, deviation from the
restrictions may be requested from the
COTP Ohio Valley or designated
representative and will be considered
on a case-by-case basis.
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
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66625
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
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of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
creation of safety zones from mile 38.0
to mile 46.0, and from mile 78.0 to mile
81.0 UMR. 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. We seek any 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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. A new § 165.842 is added to read
as follows:
■
rmajette on DSK2TPTVN1PROD with RULES
§ 165.842 Safety Zone; Upper Mississippi
River between mile 38.0 and mile 46.0,
Thebes, IL; and between mile 78.0 and mile
81.0, Grand Tower, IL.
(a) Location. The following areas are
safety zones: All waters of the Upper
Mississippi River from mile 38.0 to mile
46.0, Thebes, IL; and from mile 78.0 to
mile 81.0, Grand Tower, IL, extending
the entire width of the river.
(b) Effective dates. These safety zones
are effective beginning November 10,
2014. Enforcement times and the
requirements of this safety zones will be
noticed as soon as is practicable before
subsurface rock removal operations
begin, actual notice will be used and
additional notices made through
Broadcast Notices to Mariners (BNM), or
Local Notices to Mariners (LNM).
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this area is
prohibited unless authorized by the
Captain of the Port (COTP) Ohio Valley
or a designated representative.
(2) The Captain of the Port (COTP)
Ohio Valley may prescribe, for all or
specific portions of the safety zones,
VerDate Sep<11>2014
14:43 Nov 07, 2014
Jkt 235001
periods of enforcement and minimum
operational requirements necessary to
enter, transit through, or stop within the
safety zone in order to preserve safe
navigation on the Upper Mississippi
River during subsurface rock removal
operations and clearing of vessel queues
following rock removal operations,
including, but not limited to, the
required use of assist vessels; 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.
(3) All persons and vessels must
comply with any requirement
prescribed under paragraph (c)(2) of this
section.
(4) Persons or vessels may request an
exception from any requirement
prescribed under paragraph (c)(2) of this
section from the COTP Ohio Valley or
a designated representative who may be
a commissioned, warrant, or petty
officer of the Coast Guard. The COTP
Ohio Valley may be contacted by
telephone at 1–800–253–7465 or on
VHF–FM channel 16.
(d) Enforcement. The COTP Ohio
Valley will notify the public of the
specific requirements prescribed under
paragraph (c)(2) 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: September 16, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2014–26669 Filed 11–7–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2013–0808; FRL–9912–51–
OAR]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Prevention of Significant Deterioration;
Greenhouse Gas Tailoring Rule
Revisions
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
The Environmental Protection
Agency (EPA) is approving portions of
two revisions to the Texas State
Implementation Plan (SIP) submitted by
the Texas Commission on
Environmental Quality (TCEQ) to the
EPA on October 5, 2010, and April 16,
2014. Together, these two SIP submittals
revise the Texas Prevention of
Significant Deterioration (PSD) Program
to provide for the regulation of
greenhouse gas (GHG) emissions and
clarify the applicability of Best
Available Control Technology (BACT)
for all PSD permit applications. The
EPA is approving portions of the
October 5, 2010, and April 16, 2014, SIP
revisions to the Texas SIP and New
Source Review (NSR) permitting
program as consistent with federal
requirements for PSD permitting of GHG
emissions. The EPA is taking no action
on the portion of the October 5, 2010,
SIP revision which pertains to the Texas
Minor NSR program for Qualified
Facilities and portions of the April 16,
2014, submittal that appear no longer
appropriate for inclusion in the Texas
SIP after the recent United States
Supreme Court decision discussing
greenhouse gas emissions. The EPA is
approving this action under Section 110
and Part C of the Clean Air Act (CAA).
In a separate but simultaneous action
published elsewhere in this issue of the
Federal Register, the EPA is also
rescinding the GHG PSD Federal
Implementation Plan (FIP) for Texas,
with three limited circumstances for
retained authority.
DATES: This final rule is effective on
November 10, 2014.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2013–0808. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. Contact the person listed
in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an
appointment.
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, Air Permits Section (6PD–
SUMMARY:
E:\FR\FM\10NOR1.SGM
10NOR1
Agencies
[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Rules and Regulations]
[Pages 66622-66626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26669]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0907]
RIN 1625-AA00
Safety Zones; Upper Mississippi River Between Mile 38.0 and 46.0,
Thebes, IL; and Between Mile 78.0 and 81.0, Grand Tower, IL
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing safety zones for all waters of
the Upper Mississippi River (UMR) from mile 38.0 to 46.0 and from mile
78.0 to 81.0. These safety zones are needed to protect persons,
property, and infrastructure from potential damage and safety hazards
associated with subsurface rock removal in 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) Ohio Valley or his designated representatives.
DATES: This rule is effective November 10, 2014. Comments and related
material must be received by the Coast Guard on or before December 10,
2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0907]. 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.
You may submit comments, identified by docket number, using any one
of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
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. If you have questions on viewing or
submitting
[[Page 66623]]
material to the docket, call Cheryl F. Collins, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
AIS Automated Information System
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
MSU Marine Safety Unit
M/V Motor Vessel
NPRM Notice of Proposed Rulemaking
RIAC River Industry Action Committee
UMR Upper Mississippi River
USACE United States Army Corps of Engineers
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
Based on forecasted historical low water on the UMR in the fall of
2012, the USACE contracted subsurface rock removal operations in
Thebes, IL to mitigate the effects of the forecasted low water event.
In order to provide additional safety measures and regulate navigation
during low water and the planned rock removal operations, the Coast
Guard published a temporary final rule in the Federal Register for an
RNA from mile 0.0 to 185.0 UMR (77 FR 75850). The RNA was in effect
from December 1, 2012 until March 31, 2013, which is when river levels
rebounded and the subsurface rock removal operation was delayed because
of high water levels. During the effective period for this temporary
RNA, restrictions were enforced for a total of approximately 45 days.
In the fall of 2013, based on changing river conditions, low water
was again forecasted and the USACE's contracted subsurface rock removal
operations in Thebes, IL were scheduled to resume. The Coast Guard then
published a second temporary final rule in the Federal Register re-
establishing the RNA (78 FR 70222). Based on the forecasted water
levels and the plans and needs for the resumed rock removal operations,
the RNA covered a smaller river section extending from mile 0.0 to
109.9 on the UMR. The RNA was implemented to ensure the safety of the
USACE contractors and marine traffic during the actual rock removal
work, and to support the safe and timely clearing of vessel queues at
the conclusion of the work each day. The RNA was in effect from
November 4, 2013 until April 12, 2014, but was only enforced from
December 10, 2013 until February 19, 2014 due to water levels
increasing and forcing the USACE contractors to cease rock removal
operations. During the times the RNA was enforced, the Coast Guard
worked with the USACE, RIAC, and the USACE contractor to implement
river closures and various restrictions to maximize the size of tows
that could safely pass while keeping the USACE contractor crews safe.
The Coast Guard also assisted in clearing vessel queues after each
closure or restriction.
On April 17, 2014, MSU Paducah contacted USACE St. Louis to
determine if subsurface rock removal operations will be conducted in
the Upper Mississippi River in the vicinity of Thebes, IL in future
years. USACE St. Louis reported that such operations are anticipated to
continue as river conditions permit, and that there are multiple phases
of subsurface rock removal operations remaining. On August 28, 2014
USACE St. Louis notified the Coast Guard that based on recently
acquired data, rock removal operations will also be required in the
Upper Mississippi River between miles 78.0 and 81.0 at Grand Tower, IL
in the future.
USACE St. Louis also informed the Coast Guard that the
environmental window for these operations each year moving forward is
July 1 to April 12. However, river conditions likely will not permit
work for the majority of that timeframe each year, and in some years
river conditions may not permit any work on this project to be
completed. This project is expected to go on indefinitely when river
conditions permit during the allowable times within the environmental
windows. For
[[Page 66624]]
continuity and based on the necessary restrictions, USACE St. Louis
requested continued involvement of the Coast Guard for navigation
expertise and facilitating restrictions with users of the waterway and
the contractor. According to USACE St. Louis, the majority of the rock
removal operations will impact vessel traffic and requested that the
Coast Guard establish restrictions under 33 CFR Part 165, Regulated
Navigation Areas and Limited Access Areas to maintain safety of
navigation during the rock removal project. The Coast determined that
safety zones, one type of Limited Access Area provided for under 33 CFR
Part 165, will provide the necessary additional safety measures to
ensure commerce can continue to navigate safely while the contractors
are working. These safety zones limit access to specific areas of the
river during rock removal operations rather than creating a larger
regulated area encompassing the entire stretch of river where the work
may take place.
The Coast Guard is issuing this interim 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. This interim rule is effective upon
publication without prior notice through publication in the Federal
Register, but also invites comments regarding the creation of permanent
safety zones before the rule is published in final form. The Coast
Guard will address all comments accordingly, whether through response,
additional revision to the regulation, or otherwise. Completing the
full NPRM process would cause an unnecessary delay in publishing
enforceable safety zones. This interim rule affords the public the
opportunity to comment while the safety zones are in place but before
making it a final rule.
For this year, the rock removal operations could begin again as
soon as September 15, 2014. The commercial towing vessel industry,
through RIAC, has been notified that these operations will be conducted
in future years and the additional restrictions provided by the safety
zones will be necessary during that work. Other restrictions
encompassing larger sections of the river have been in place through
temporary RNAs during the last two work seasons in 2012 and 2013. The
Coast Guard did not receive any feedback causing us to believe the
public opposes restrictions for future years to continue facilitating
safe navigation and commerce during the subsurface rock removal
operations, being conducted to benefit the towing industry during
future low water events.
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 day
notice would unnecessarily delay the safety zones effective date for
restrictions that may need to go into effect as soon as September 15,
2014.
C. 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; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define safety
zones.
The purpose of these safety zones are to protect persons and
vessels while subsurface rock removal operations are ongoing on the UMR
from mile 38.0 to mile 46.0 and from mile 78.0 to mile 81.0. The
removal operations pose significant safety hazards to vessels and
mariners operating on the UMR. At the previous request of RIAC and
after reviewing best practices from the previous temporary RNAs in
effect in 2012 and 2013, the Coast Guard plans to assist in
facilitating the clearing of vessel queues in future years following
restricted access on the UMR from mile 38.0 to mile 46.0 and from mile
78.0 to mile 81.0. For these reasons, the Coast Guard is to
establishing these safety zones to limit vessel access between mile
38.0 and mile 46.0, and between mile 78.0 and mile 81.0 on the UMR.
Once comments to this interim rule are received and addressed, the
intent is to follow with a final rule. The final rule will address and
take into account as necessary comments made during comment period for
this interim rule.
D. Discussion of the Interim Rule
The Coast Guard is establishing these safety zones for all vessel
traffic on the UMR from mile 38.0 to mile 46.0, and from mile 78.0 to
mile 81.0, extending the entire width of the river. These safety zones
will be enforced based on the actual or planned subsurface rock removal
operations between mile 38.0 and mile 46.0 and between mile 78.0 and
mile 81.0. Restrictions and requirements for these safety zones and
related to approval to transit through these safety zones will be the
minimum necessary to protect persons, property, and infrastructure from
the potential hazards associated with low water and subsurface rock
removal operations. Such restrictions may include, but are not limited
to, river closures, tow size, tow configuration, vessel/barge draft,
assist vessels, speed, hours of transit, and one-way traffic. These
restrictions, in addition to required use of AIS when fitted, and
vessel reporting previously existed under temporary RNA's (77 FR 75850
and 78 FR 70222) covering a much broader segment of the UMR.
Enforcement times and specific restrictions and requirements will be
announced via Broadcast Notice to Mariners (BNM), through outreach with
the RIAC, through LNM, or through other public notice. Any deviation
from the requirements put into place are prohibited unless specifically
authorized by the COTP Ohio Valley, or a designated representative.
Requests to deviate from 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 or can be
reached by VHF-FM channel 16.
E. 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 safety zones for vessels on all waters of the
UMR from mile 38.0 to mile 46.0, and from mile 78.0 to mile 81.0. The
safety zones listed in this interim rule will only restrict vessel
traffic from entering, transiting, or anchoring within specific
sections of the UMR. Notifications of enforcement times and
restrictions put into effect for these safety zones will be
[[Page 66625]]
communicated to the marine community via BNM, through outreach with
RIAC, and through LNMs. Such notices provide the opportunity for
industry to plan transits accordingly and work around the schedule of
rock removal operations as necessary. The impacts on navigation will be
limited to ensuring the safety of mariners and vessels associated with
hazards presented by USACE contractor operations involving subsurface
rock removal, and the safe and timely resumption of vessel traffic
following any river closures or restrictions associated with subsurface
rock removal operations. Restrictions under these safety zones will be
the minimum necessary to protect mariners, vessels, the public, and the
environment from known or perceived risks.
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. 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 during USACE contracted subsurface rock removal operations.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons. While
the safety zones listed in this interim rule will restrict vessel
traffic from entering, transiting, or anchoring within specific
sections of the UMR, this rule does allow for the intermittent passing
of vessels. Traffic in this area is limited to almost entirely
recreational vessels and commercial towing vessels subject to noticed
restrictions and requirements. Notifications to the marine community
will be made through BNM, LNM, and communications with RIAC. Notices of
changes to the safety zones and enforcement times will also be made.
Additionally, deviation from the restrictions may be requested from the
COTP Ohio Valley 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 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one
[[Page 66626]]
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves
creation of safety zones from mile 38.0 to mile 46.0, and from mile
78.0 to mile 81.0 UMR. 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. We seek any 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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1
0
2. A new Sec. 165.842 is added to read as follows:
Sec. 165.842 Safety Zone; Upper Mississippi River between mile 38.0
and mile 46.0, Thebes, IL; and between mile 78.0 and mile 81.0, Grand
Tower, IL.
(a) Location. The following areas are safety zones: All waters of
the Upper Mississippi River from mile 38.0 to mile 46.0, Thebes, IL;
and from mile 78.0 to mile 81.0, Grand Tower, IL, extending the entire
width of the river.
(b) Effective dates. These safety zones are effective beginning
November 10, 2014. Enforcement times and the requirements of this
safety zones will be noticed as soon as is practicable before
subsurface rock removal operations begin, actual notice will be used
and additional notices made through Broadcast Notices to Mariners
(BNM), or Local Notices to Mariners (LNM).
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port (COTP) Ohio Valley or a
designated representative.
(2) The Captain of the Port (COTP) Ohio Valley may prescribe, for
all or specific portions of the safety zones, periods of enforcement
and minimum operational requirements necessary to enter, transit
through, or stop within the safety zone in order to preserve safe
navigation on the Upper Mississippi River during subsurface rock
removal operations and clearing of vessel queues following rock removal
operations, including, but not limited to, the required use of assist
vessels; 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.
(3) All persons and vessels must comply with any requirement
prescribed under paragraph (c)(2) of this section.
(4) Persons or vessels may request an exception from any
requirement prescribed under paragraph (c)(2) of this section from the
COTP Ohio Valley or a designated representative who may be a
commissioned, warrant, or petty officer of the Coast Guard. The COTP
Ohio Valley may be contacted by telephone at 1-800-253-7465 or on VHF-
FM channel 16.
(d) Enforcement. The COTP Ohio Valley will notify the public of the
specific requirements prescribed under paragraph (c)(2) 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: September 16, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-26669 Filed 11-7-14; 8:45 am]
BILLING CODE 9110-04-P