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, 11885-11887 [2015-03331]
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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations
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necessary to make the employee whole,
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[FR Doc. 2015–05001 Filed 3–4–15; 08:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0907]
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RIN 1625–AA00
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is
establishing safety zones for all waters
SUMMARY:
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17:52 Mar 04, 2015
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. Regulatory History and Information
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
ACTION:
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 on March 5,
2015.
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.
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
material to the docket, call Cheryl F.
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Jkt 235001
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
PO 00000
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Sfmt 4700
11885
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
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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations
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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
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.
On November 10, 2014, an interim
rule was published in the Federal
Register (79 FR 66622). This interim
rule was effective upon publication
without prior notice through
publication in the Federal Register, but
also invited comments regarding the
creation of permanent safety zones
before the rule was published in final
form. The Coast Guard received no
comments on the interim rule and no
requests for public meeting. No public
meetings were held. No changes were
made to the rule as it was published in
the interim rule.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; 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
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17:52 Mar 04, 2015
Jkt 235001
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.
C. Discussion of Comments, Changes
and the Final Rule
No comments were received by the
Coast Guard on this rule. No changes to
the rule have been made from the
interim rule and request for comments.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
This rule establishes 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 final 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
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
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
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 final 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 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations
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.
9. Civil Justice Reform
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).
11. Indian Tribal Governments
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
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.
mstockstill on DSK4VPTVN1PROD with RULES
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.
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17:52 Mar 04, 2015
Jkt 235001
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.
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.
11887
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.
Accordingly, the interim rule
amending 33 CFR part 165 that
published at 77 FR 75850 on December
26, 2012, is adopted as a final rule
without change.
Dated: December 29, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2015–03331 Filed 3–4–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0810; FRL–9923–94–
Region 4]
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.
Approval and Promulgation of
Implementation Plans; Tennessee;
Emissions Statement Requirement for
the 2008 8-Hour Ozone Standard
AGENCY:
13. Technical Standards
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
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 are
available in the docket where indicated
under the ADDRESSES. We seek any
comments or information that may lead
Frm 00031
Fmt 4700
Sfmt 4700
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Tennessee state implementation plan
(SIP) submitted by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC) on January 5,
2015, to address the emissions
statement requirements for the 2008 8hour ozone national ambient air quality
standards (NAAQS). The revision affects
Davidson, Rutherford, Shelby, Sumner,
Knox, Blount, Anderson, Williamson,
and Wilson Counties. Annual emissions
statements are required for certain
sources in all ozone nonattainment
areas. These changes address
requirements for the Knoxville,
Tennessee 2008 8-hour ozone NAAQS
nonattainment area (hereinafter referred
to as the Knoxville Area) and the
Tennessee portion of the Memphis,
Tennessee-Arkansas-Mississippi 2008 8hour ozone NAAQS nonattainment area
(hereinafter referred to as the Memphis
Area). The Knoxville Area is comprised
of Knox and Blount County, and a
portion of Anderson County, Tennessee,
and the Tennessee portion of the
Memphis Area is comprised of Shelby
SUMMARY:
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
PO 00000
Environmental Protection
Agency.
ACTION: Direct final rule.
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]]>Agencies
[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Rules and Regulations]
[Pages 11885-11887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03331]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
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 on March 5, 2015.
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.
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 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. 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
[[Page 11886]]
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 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.
On November 10, 2014, an interim rule was published in the Federal
Register (79 FR 66622). This interim rule was effective upon
publication without prior notice through publication in the Federal
Register, but also invited comments regarding the creation of permanent
safety zones before the rule was published in final form. The Coast
Guard received no comments on the interim rule and no requests for
public meeting. No public meetings were held. No changes were made to
the rule as it was published in the interim rule.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 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.
C. Discussion of Comments, Changes and the Final Rule
No comments were received by the Coast Guard on this rule. No
changes to the rule have been made from the interim rule and request
for comments.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
This rule establishes 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 final 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
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 final 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 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees
[[Page 11887]]
who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule 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 are available in
the docket where 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.
Accordingly, the interim rule amending 33 CFR part 165 that
published at 77 FR 75850 on December 26, 2012, is adopted as a final
rule without change.
Dated: December 29, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-03331 Filed 3-4-15; 8:45 am]
BILLING CODE 9110-04-P
