Safety Zone; Memphis Port Area Multiagency Mass Rescue Operations and Medical Surge Full-Scale Exercise, Lower Mississippi River, Mile Marker, (MM) 745.0 to (MM) 736.0, Memphis, TN, 7394-7397 [2015-02319]
Download as PDF
<![CDATA[
7394
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Proposed Rules
Unlikely to a single category of
Unlikely. Violations assessed as
Unlikely under the existing rule would
remain Unlikely under the proposed
rule, but would be assigned zero penalty
points. The existing categories of
Reasonably Likely and Highly Likely
would be combined to a single category
of Reasonably Likely in the proposed
rule and assigned 14 penalty points.
MSHA is clarifying that the proposed
definition of ‘‘Unlikely’’ should read
‘‘Condition or practice cited has little or
no likelihood of causing an injury or
illness.’’ MSHA is also clarifying that
the proposed definition of ‘‘Reasonably
Likely’’ should read ‘‘Condition or
practice cited is likely to cause an injury
or illness.’’ In addition, the proposed
definition of ‘‘Occurred’’ should read
‘‘Condition or practice cited has caused
an injury or illness.’’
MSHA also would like to clarify that
the Good Faith reduction in penalties
would not be affected by a request for
pre-assessment conferences on
violations. MSHA discussed an
alternative in the preamble to the
proposed rule of an additional 20
percent reduction in the penalty for
Good Faith if the violation is not
contested and the penalty is paid before
it becomes a final order of the
Commission. Under this alternative,
only penalties that are either not paid
within 30 days or are contested would
be ineligible for the additional 20
percent Good Faith penalty reduction.
MSHA clarifies that if an assessment
grouping includes multiple citations
and only one is not paid within 30 days
or is contested, the remaining citations
would be eligible for the Good Faith
penalty reduction.
MSHA solicits comments from the
mining community on all aspects of the
proposed rule. Commenters are
requested to be specific in their
comments and to provide sufficient
detail in your responses to enable
proper Agency review and
consideration. All comments must be
received or postmarked by March 31,
2015.
rljohnson on DSK3VPTVN1PROD with PROPOSALS
III. Correction
In proposed rule FR Doc. 2014–17935,
beginning on page 44517 in the issue of
July 31, 2014, make the following
corrections.
PART 100—CRITERIA AND
PROCEDURES FOR ASSESSMENT OF
CIVIL PENALTIES
1. The authority citation for part 100
continues to read as follows:
■
Authority: 30 U.S.C. 815, 820, 957.
VerDate Sep<11>2014
15:17 Feb 09, 2015
Jkt 235001
2. Amend § 100.3 paragraph (e) by
revising the first two sentences in the
introductory paragraph, Table XI, and
the heading for the first column in
Tables XII and XIII to read as follows:
■
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
§ 100.3 Determination of penalty amount;
regular assessment.
[Docket Number USCG–2014–1019]
*
RIN 1625–AA00
*
*
*
*
(e) Gravity. Gravity is an evaluation of
the seriousness of the violation. Gravity
is determined by the likelihood of an
injury or illness, the severity of the
anticipated or occurred injury or illness,
and whether or not persons are
potentially affected by the condition or
practice cited. * * *
Safety Zone; Memphis Port Area
Multiagency Mass Rescue Operations
and Medical Surge Full-Scale Exercise,
Lower Mississippi River, Mile Marker,
(MM) 745.0 to (MM) 736.0, Memphis, TN
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary Safety Zone for
all waters of the Lower Mississippi
Penalty
River, from MM 745.0 to MM 736.0.
Likelihood of occurrence
points
This safety zone is needed to protect
persons and vessels from the potential
Unlikely: Condition or practice
safety hazards associated with a fullcited has little or no likeliscale multiagency mass rescue exercise.
hood of causing an injury or
illness. ...................................
0 Entry into this zone is prohibited to all
vessels, mariners, and persons unless
Reasonably Likely: Condition or
specifically authorized by the Captain of
practice cited is likely to
cause an injury or illness ......
14 the Port (COTP), Lower Mississippi
Occurred: Condition or practice
River or a designated representative.
cited has caused an injury or
DATES: Comments and related material
illness. ...................................
25
must be received by the Coast Guard on
or before February 25, 2015.
ADDRESSES: You may submit comments
TABLE XII—GRAVITY: SEVERITY
identified by docket number using any
one of the following methods:
Severity of anticipated or
Penalty
occurred injury or illness
points
(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,
TABLE XIII–GRAVITY: PERSONS
1200 New Jersey Avenue SE.,
POTENTIALLY AFFECTED
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Persons potentially affected by
Penalty
Monday through Friday, except federal
the condition or practice cited
points
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
Dated: February 3, 2015.
duplication, please use only one of
Joseph A. Main,
these three methods.
Assistant Secretary of Labor for Mine Safety
FOR FURTHER INFORMATION CONTACT: If
and Health.
you have questions on this rule, call or
[FR Doc. 2015–02399 Filed 2–9–15; 8:45 am]
email LT Tyrone Conner, Sector Lower
BILLING CODE 4510–43–P
Mississippi River Waterways
Management Division, U.S. Coast
Guard; telephone (901) 521–4725, email
Tyrone.L.Conner@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl F.
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
PO 00000
TABLE XI—GRAVITY: LIKELIHOOD
Frm 00002
Fmt 4702
Sfmt 4702
SUMMARY:
E:\FR\FM\10FEP1.SGM
10FEP1
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Proposed Rules
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
MM mile marker
NPRM Notice of Proposed Rulemaking
SAR Search and Rescue
rljohnson on DSK3VPTVN1PROD with PROPOSALS
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 [USCG–2014–1019] 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
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
VerDate Sep<11>2014
15:17 Feb 09, 2015
Jkt 235001
https://www.regulations.gov, type the
docket number (USCG–2014–1019) 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 on or before February 20, 2015,
using one of the methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial.
B. Regulatory History and Information
The Coast Guard has a long history
working with local, state, and federal
agencies in areas to improve emergency
response, to prepare for events that call
for swift action, and to protect our
nation. The Coast Guard is proposing to
establish this safety zone on the waters
of the Lower Mississippi River in
Memphis, Tennessee for the Memphis
Port Area Multiagency Mass Rescue
Operations and Medical Surge FullScale Exercise. The full-scale exercise is
scheduled to take place from 9:00 a.m.
to 12:00 p.m. on April 22, 2015 and
afford an opportunity for U.S. Coast
Guard Sector Lower Mississippi River,
City of Memphis Office of Emergency
Management, Memphis Fire
Department, Memphis Police
Department, Shelby County Sheriff’s
Office, Shelby County Office of
Preparedness, Shelby County Health
Department, DeSoto County Sherriff
Office SAR Unit, Tipton County
Emergency Management Agency, West
Memphis Fire Department, Tennessee
Wildlife Resources Agency, Tennessee
Emergency Management Agency, Fullen
Dock and Warehouse, Lucy Woodstock
Marine Terminal, and Wepfer Marine to
coordinate, communicate, and practice
emergency response techniques for the
safety of all Lower Mississippi River.
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
7395
This proposed rule is necessary to
protect the safety of the participants,
spectators, commercial traffic, and the
general public on the navigable waters
of the United States during the exercise.
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; Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to propose, establish, and define
regulatory safety zones. The purpose of
this proposed safety zone is to protect
public boaters and their vessels from
potential safety hazards associated with
the full-scale exercise on the Lower
Mississippi River, Memphis, Tennessee.
D. Discussion of Proposed Rule
This proposed rule is necessary to
establish a Safety Zone that will
encompass certain waters of the Lower
Mississippi River in Memphis,
Tennessee. The proposed Safety Zone
regulations will be enforced from
approximately 9:00 a.m. to 12:00 p.m.
for approximately 3 hours on April 22,
2015. The proposed Safety Zone will
establish from Mile Marker (MM) 745.0
to (MM) 736.0, where all persons and
vessels, except those persons and
vessels participating in the full-scale
exercise and those vessels enforcing the
areas, are prohibited from entering,
transiting through, anchoring in, or
remaining within.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
enforcement areas by contacting the
Captain of the Port Lower Mississippi
River by telephone at (866) 777–2784, or
a designated representative via VHF
radio on channel 16. If authorization to
enter, transit through, anchor in, or
remain within the enforcement areas is
granted by the Captain of the Port Lower
Mississippi River or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Lower Mississippi
River or a designated representative.
E. Regulatory Analyses
We developed this proposed 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.
E:\FR\FM\10FEP1.SGM
10FEP1
7396
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Proposed Rules
1. Regulatory Planning and Review
This proposed 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. The temporary safety zone listed
in this proposed rule will only restrict
vessel traffic from entering, transiting,
or anchoring within a small portion of
the Lower Mississippi River. The effect
of this regulation will not be significant
for several reasons: (1) This rule will
only affect vessel traffic for a short
duration; (2) vessels may request
permission from the COTP to deviate
from the restriction and transit through
the safety zone; and (3) the impacts on
routine navigation are expected to be
minimal because notifications to the
marine community will be made
through local notice to mariners (LNM)
and broadcast notice to mariners (BNM).
Therefore, these notifications will allow
the public to plan operations around the
safety zone and its enforcement times.
rljohnson on DSK3VPTVN1PROD with PROPOSALS
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 proposed 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 Lower
Mississippi River from MM 745.0 to
MM 736.0 effective from 9:00 a.m. to
12:00 p.m. on April 22, 2015. This
safety zone will not have a significant
economic impact on a substantial
number of small entities because this
rule will only be in effect during
scheduled full-scale multiagency mass
rescue exercise time for approximately 3
hours on the day the event is occurring.
Traffic in this area is limited to almost
entirely recreational vessels and
commercial towing vessels.
Notifications to the marine community
VerDate Sep<11>2014
15:17 Feb 09, 2015
Jkt 235001
will be made through BNMs and
electronic mail. Notices of changes to
the safety zone and scheduled effective
times and enforcement periods will also
be made. Deviation from the restrictions
may be requested from the COTP or
designated representative and will be
considered on a case-by-case basis.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
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.
Frm 00004
Fmt 4702
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
proposed rule would not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From
Environmental Health Risks
We have analyzed this proposed 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.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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
6. Protest Activities
PO 00000
7. Unfunded Mandates Reform Act
Sfmt 4702
This proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
E:\FR\FM\10FEP1.SGM
10FEP1
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Proposed Rules
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves establishing a temporary
safety zone in the Lower Mississippi
River, (MM) 745.0 to (MM) 736.0. This
action is necessary to protect persons
and property during the full-scale
exercise. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(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) Lower
Mississippi River or a designated
representative.
(2) Spectator vessels may safely
transit outside the safety zone at a
minimum safe speed, but may not
anchor, block, loiter, or impede
participants or official patrol vessels.
(3) Vessels requiring entry into or
passage through the safety zone must
request permission from the COTP
Lower Mississippi River or a designated
representative. They may be contacted
on VHF–FM channels 16 or by
telephone at (901) 521–4822.
(4) All vessels shall comply with the
instructions of the COTP Lower
Mississippi River and designated
personnel. Designated personnel
include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
(d) Informational Broadcasts: The
Captain of the Port, Lower Mississippi
River or a designated representative will
inform the public through broadcast
notices to mariners (BNM) of the
effective period for the safety zone and
of any changes in the effective period,
enforcement times, or size of the safety
zone.
Dated: January 16, 2015.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the
Port, Lower Mississippi River.
[FR Doc. 2015–02319 Filed 2–9–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 75
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.
Proposed Waiver and Extension of the
Project Period for the Native Hawaiian
Career and Technical Education
Program
Catalog of Federal Domestic Assistance
(CFDA) Number: 84.259A.
■
2. A new temporary § 165.T08–1019 is
added to read as follows:
rljohnson on DSK3VPTVN1PROD with PROPOSALS
■
§ 165.T08–1019 Safety Zone; Memphis
Port Area Multiagency Mass Rescue
Operations and Medical Surge Full-Scale
Exercise, Lower Mississippi River, Mile
Marker, (MM) 745.0 to (MM) 736.0, Memphis,
TN.
(a) Location. The following area will
be under a temporary safety zone:
Waters of the Lower Mississippi River,
from MM 745.0 to MM 736.0.
(b) Effective date and times. This
safety zone will be effective from 9:00
a.m. to 12:00 p.m. on April 22, 2015.
VerDate Sep<11>2014
17:45 Feb 09, 2015
Jkt 235001
Office of Career, Technical, and
Adult Education, Department of
Education.
ACTION: Proposed waiver and extension
of the project period.
AGENCY:
For the Native Hawaiian
Career and Technical Education
Program (NHCTEP), the Secretary
proposes to waive the requirements that
generally prohibit project period
extensions involving the obligation of
additional Federal funds and extend the
project periods of the seven current
NHCTEP grants for up to an additional
24 months. This proposed waiver and
extension would allow the seven
SUMMARY:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
7397
current NHCTEP grantees to seek
continuation awards annually through
fiscal year (FY) 2016 and possibly
through FY 2017.
DATES: We must receive your comments
on or before March 12, 2015.
ADDRESSES: Address all comments
regarding this proposed extension and
waiver to Linda Mayo, U.S. Department
of Education, 400 Maryland Avenue
SW., Room 11075, Potomac Center Plaza
(PCP), Washington, DC 20202–7241.
If you prefer to send your comments
by email, use the following address:
linda.mayo@ed.gov. You must include
the term ‘‘Proposed Waiver and
Extension for NHCTEP’’ in the subject
line of your message.
FOR FURTHER INFORMATION CONTACT:
Linda Mayo by telephone at (202) 245–
7792 or by email at: linda.mayo@ed.gov.
If you use a telecommunications
device for the deaf or a text telephone,
call the Federal Relay Service, toll free,
at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding this
proposed waiver and extension of the
project period.
During and after the comment period,
you may inspect all public comments
about this proposed waiver and
extension in Room 11075, PCP, 550 12th
Street SW., Washington, DC, between
the hours of 8:30 a.m. and 4 p.m.,
Washington, DC time, Monday through
Friday of each week, except Federal
holidays.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request, we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
aid, please contact the person listed
under FOR FURTHER INFORMATION
CONTACT.
Background
NHCTEP, authorized by section 116 of
the Carl D. Perkins Career and Technical
Education Act of 2006 (Act), supports
grants to community-based
organizations primarily serving and
representing Native Hawaiians.1 Under
this program, grantees carry out projects
that provide organized educational
1 For purposes of NHCTEP, ‘‘community-based
organization’’ means a public or private
organization that provides career and technical
education, or related services, to individuals in the
Native Hawaiian community.
E:\FR\FM\10FEP1.SGM
10FEP1
]]>Agencies
[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Proposed Rules]
[Pages 7394-7397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02319]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-1019]
RIN 1625-AA00
Safety Zone; Memphis Port Area Multiagency Mass Rescue Operations
and Medical Surge Full-Scale Exercise, Lower Mississippi River, Mile
Marker, (MM) 745.0 to (MM) 736.0, Memphis, TN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary Safety
Zone for all waters of the Lower Mississippi River, from MM 745.0 to MM
736.0. This safety zone is needed to protect persons and vessels from
the potential safety hazards associated with a full-scale multiagency
mass rescue exercise. Entry into this zone is prohibited to all
vessels, mariners, and persons unless specifically authorized by the
Captain of the Port (COTP), Lower Mississippi River or a designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before February 25, 2015.
ADDRESSES: 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 Tyrone Conner, Sector Lower Mississippi River
Waterways Management Division, U.S. Coast Guard; telephone (901) 521-
4725, email Tyrone.L.Conner@uscg.mil. If you have questions on viewing
or submitting material to the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 7395]]
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
MM mile marker
NPRM Notice of Proposed Rulemaking
SAR Search and Rescue
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 [USCG-2014-1019] 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 (USCG-2014-1019) 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 on or before February 20, 2015, using one of the
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial.
B. Regulatory History and Information
The Coast Guard has a long history working with local, state, and
federal agencies in areas to improve emergency response, to prepare for
events that call for swift action, and to protect our nation. The Coast
Guard is proposing to establish this safety zone on the waters of the
Lower Mississippi River in Memphis, Tennessee for the Memphis Port Area
Multiagency Mass Rescue Operations and Medical Surge Full-Scale
Exercise. The full-scale exercise is scheduled to take place from 9:00
a.m. to 12:00 p.m. on April 22, 2015 and afford an opportunity for U.S.
Coast Guard Sector Lower Mississippi River, City of Memphis Office of
Emergency Management, Memphis Fire Department, Memphis Police
Department, Shelby County Sheriff's Office, Shelby County Office of
Preparedness, Shelby County Health Department, DeSoto County Sherriff
Office SAR Unit, Tipton County Emergency Management Agency, West
Memphis Fire Department, Tennessee Wildlife Resources Agency, Tennessee
Emergency Management Agency, Fullen Dock and Warehouse, Lucy Woodstock
Marine Terminal, and Wepfer Marine to coordinate, communicate, and
practice emergency response techniques for the safety of all Lower
Mississippi River. This proposed rule is necessary to protect the
safety of the participants, spectators, commercial traffic, and the
general public on the navigable waters of the United States during the
exercise.
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; Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The purpose of this proposed safety
zone is to protect public boaters and their vessels from potential
safety hazards associated with the full-scale exercise on the Lower
Mississippi River, Memphis, Tennessee.
D. Discussion of Proposed Rule
This proposed rule is necessary to establish a Safety Zone that
will encompass certain waters of the Lower Mississippi River in
Memphis, Tennessee. The proposed Safety Zone regulations will be
enforced from approximately 9:00 a.m. to 12:00 p.m. for approximately 3
hours on April 22, 2015. The proposed Safety Zone will establish from
Mile Marker (MM) 745.0 to (MM) 736.0, where all persons and vessels,
except those persons and vessels participating in the full-scale
exercise and those vessels enforcing the areas, are prohibited from
entering, transiting through, anchoring in, or remaining within.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the enforcement areas by
contacting the Captain of the Port Lower Mississippi River by telephone
at (866) 777-2784, or a designated representative via VHF radio on
channel 16. If authorization to enter, transit through, anchor in, or
remain within the enforcement areas is granted by the Captain of the
Port Lower Mississippi River or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Lower Mississippi River or a
designated representative.
E. Regulatory Analyses
We developed this proposed 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.
[[Page 7396]]
1. Regulatory Planning and Review
This proposed 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. The temporary safety
zone listed in this proposed rule will only restrict vessel traffic
from entering, transiting, or anchoring within a small portion of the
Lower Mississippi River. The effect of this regulation will not be
significant for several reasons: (1) This rule will only affect vessel
traffic for a short duration; (2) vessels may request permission from
the COTP to deviate from the restriction and transit through the safety
zone; and (3) the impacts on routine navigation are expected to be
minimal because notifications to the marine community will be made
through local notice to mariners (LNM) and broadcast notice to mariners
(BNM). Therefore, these notifications will allow the public to plan
operations around the safety zone and its enforcement times.
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
proposed 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 Lower Mississippi River from MM 745.0 to MM 736.0 effective from
9:00 a.m. to 12:00 p.m. on April 22, 2015. This safety zone will not
have a significant economic impact on a substantial number of small
entities because this rule will only be in effect during scheduled
full-scale multiagency mass rescue exercise time for approximately 3
hours on the day the event is occurring. Traffic in this area is
limited to almost entirely recreational vessels and commercial towing
vessels. Notifications to the marine community will be made through
BNMs and electronic mail. Notices of changes to the safety zone and
scheduled effective times and enforcement periods will also be made.
Deviation from the restrictions may be requested from the COTP or
designated representative and will be considered on a case-by-case
basis.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed 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.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did
[[Page 7397]]
not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule
involves establishing a temporary safety zone in the Lower Mississippi
River, (MM) 745.0 to (MM) 736.0. This action is necessary to protect
persons and property during the full-scale exercise. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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 temporary Sec. 165.T08-1019 is added to read as follows:
Sec. 165.T08-1019 Safety Zone; Memphis Port Area Multiagency Mass
Rescue Operations and Medical Surge Full-Scale Exercise, Lower
Mississippi River, Mile Marker, (MM) 745.0 to (MM) 736.0, Memphis, TN.
(a) Location. The following area will be under a temporary safety
zone: Waters of the Lower Mississippi River, from MM 745.0 to MM 736.0.
(b) Effective date and times. This safety zone will be effective
from 9:00 a.m. to 12:00 p.m. on April 22, 2015.
(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) Lower Mississippi River or
a designated representative.
(2) Spectator vessels may safely transit outside the safety zone at
a minimum safe speed, but may not anchor, block, loiter, or impede
participants or official patrol vessels.
(3) Vessels requiring entry into or passage through the safety zone
must request permission from the COTP Lower Mississippi River or a
designated representative. They may be contacted on VHF-FM channels 16
or by telephone at (901) 521-4822.
(4) All vessels shall comply with the instructions of the COTP
Lower Mississippi River and designated personnel. Designated personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
(d) Informational Broadcasts: The Captain of the Port, Lower
Mississippi River or a designated representative will inform the public
through broadcast notices to mariners (BNM) of the effective period for
the safety zone and of any changes in the effective period, enforcement
times, or size of the safety zone.
Dated: January 16, 2015.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi
River.
[FR Doc. 2015-02319 Filed 2-9-15; 8:45 am]
BILLING CODE 9110-04-P
