Regulated Navigation Area; Reporting Requirements for Barges Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard District; Expiration of Stay (Suspension) and Administrative Changes, 79477-79480 [2015-32135]
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79477
Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Rules and Regulations
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
2. In appendix B to part 4044, a new
entry for January–March 2016, as set
forth below, is added to the table.
Appendix B to Part 4044—Interest
Rates Used to Value Benefits
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The values of it are:
For valuation dates occurring in the month—
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January–March 2016 ........................................................
Issued in Washington, DC, on this 17th day
of December, 2015.
Judith Starr,
General Counsel, Pension Benefit Guaranty
Corporation.
[FR Doc. 2015–32225 Filed 12–21–15; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0760]
RIN 1625–AA11
Regulated Navigation Area; Reporting
Requirements for Barges Loaded With
Certain Dangerous Cargoes, Inland
Rivers, Eighth Coast Guard District;
Expiration of Stay (Suspension) and
Administrative Changes
Coast Guard, DHS.
Interim rule; request for
comments.
AGENCY:
ACTION:
Through this interim rule, the
Coast Guard is providing administrative
changes to the existing reporting
requirements under the Regulated
Navigation Area (RNA) applicable to
barges loaded with certain dangerous
cargoes on the inland rivers in the
Eighth District area of responsibility.
The current stay of reporting
requirements under the RNA is
scheduled to expire on December 31,
2015. This interim rule limits the
reporting requirements in that rule for
an interim period while also requesting
comments before proposing or finalizing
any long term or permanent revisions to
the existing reporting requirements.
DATES: This interim rule is effective
beginning January 1, 2016. Comments
and related material must be received by
the Coast Guard on or before June 20,
2016. See SUPPLEMENTARY INFORMATION
for details on enforcement and
compliance.
ADDRESSES: The docket for this interim
rule and request for comments, [USCG–
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SUMMARY:
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2013–0760] is available at https://
www.regulations.gov. You may submit
comments identified by docket number
USCG–2013–0760 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: For
information about this document email
the Coast Guard via Shelley R. Miller at
Shelley.R.Miller@uscg.mil or Captain
Paul E. Dittman at
Paul.E.Dittman@uscg.mil or call the
Coast Guard at 504–671–2330.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CDC Certain Dangerous Cargo
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
IRVMC Inland River Vessel Movement
Center
NOI Notice of intent
NPRM Notice of proposed rulemaking
Pub. L. Public Law
RNA Regulated navigation area
U.S.C. United States Code
II. Background Information and
Regulatory History
The reporting requirements under 33
CFR 165.830, ‘‘Regulated Navigation
Area; Reporting Requirements for Barges
Loaded with Certain Dangerous Cargoes,
Inland Rivers, Eighth Coast Guard
District,’’ were initially suspended
(‘‘stayed’’) in January 2011 due to the
expiration of the contract for the Inland
River Vessel Movement Center (IRVMC).
The IRVMC was the Coast Guard office
responsible for collecting the
information required by the regulated
navigation area (RNA) at § 165.830.
Upon expiration of the contract for the
IRVMC, the Coast Guard was not able to
receive and process reports. Therefore,
the suspension of reporting
requirements was published in the
Federal Register on January 10, 2011
and was due to expire on January 15,
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2013 (76 FR 1360). On January 2, 2013
the Coast Guard extended the
suspension through September 30, 2013
(78 FR 25) and on October 1, 2013 the
Coast Guard extended the suspension
once again through December 31, 2015
(78 FR 60216).
In January 2015 the Coast Guard
published a final rule, titled Vessel
Requirements for Notices of Arrival and
Departure, and Automatic Identification
System (80 FR 5282). This rule
implemented new and updated Notices
of Arrival (NOA) reporting requirements
under 33 CFR 160 Subpart C, providing
an exemption, at 33 CFR 160.204(a)(3),
for any vessel required to report
movements, its cargo, or the cargo in
barges it is towing under 33 CFR
165.830 after December 31, 2015. This
rule, which was initially proposed in
2008 before the RNA reporting
requirements were suspended, relied on
the existing reporting requirements at 33
CFR 165.830 to support the exemption.
Starting on January 1, 2016, a vessel
would only be eligible for the
exemption if it is required to report its
movements or cargo as specified in
§ 160.204(a)(3).
On November 24, 2015, the Coast
Guard published a notice of intent (NOI)
informing the public that the stay would
expire on December 31, 2015, and that
reporting would resume in a limited
form (80 FR 73156). This rule makes
changes to limit the suspended
reporting requirements, which would
otherwise come into effect in full on
January 1, 2016.
Also relevant to this interim rule and
request for comments is the portion of
the January 2015 rule requiring that all
vessels engaged in the movement of
Certain Dangerous Cargos (CDC) have
Class A Automatic Information System
(AIS) beginning in March 2016, pending
Office of Management and Budget
(OMB) approval of a collection of
information associated with that
regulatory requirement. These AIS
requirements provided under 33 CFR
164.46, if enforced, may provide an
alternative method of reporting that
could potentially satisfy the
requirements under 33 CFR 165.830 and
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qualify these vessels for the 33 CFR
160.204(a)(3) exemption. As indicated
in the Federal Register publications
establishing and extending the RNA
suspension, during the suspension
periods, the Coast Guard assessed
potentially modifying the reporting
required under the RNA and potential
suitable alternative Coast Guard offices
and programs to receive and
disseminate the reported information.
The new AIS requirement, once in full
effect, will still be assessed as a
potential alternative reporting method.
At this time, the Coast Guard has
determined that using alreadyestablished Coast Guard offices and
units centralized at the Eighth District
level to receive required reports is the
appropriate interim solution to resume
the reporting requirements necessary for
both maritime domain awareness and to
satisfy the exemption in 33 CFR
160.204(a)(3). This interim rule provides
the necessary administrative changes to
the existing reporting requirements,
requiring reporting in a limited form
while also requesting comments to
better assess a potential permanent
reporting system.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
interim rule to limit the RNA reporting
requirements that will come into effect
after December 31 when the stay of
§ 165.830 expires. This rule is necessary
to stay compliance with certain
provisions of the existing rule, and to
make administrative changes replacing
the references to IRVMC, which is no
longer operational. The Coast Guard is
issuing this rule under authority in 33
U.S.C. 1231, the same authority
providing for the initial establishment of
the RNA.
The Coast Guard is issuing this
interim rule without prior 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 for several reasons. It is
unnecessary to publish an NPRM
because this interim rule makes only
administrative changes to the existing
RNA regulation under 33 CFR 165.830,
and does not propose or establish new
restrictions or requirements. This
interim rule merely stays compliance
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with portions of an existing
requirement, allowing select existing
provisions to resume upon expiration of
a stay in effect through December 31,
2015 and makes the administrative
changes necessary to redirect reporting
from the IRVMC to the District.
Additionally, publishing an NPRM was
impracticable because of the relatively
short time between the publication of
the NOA final rule and the expiration of
the stay, as well as the uncertain
enforcement date of certain provisions
of the AIS portion of that rule. These
circumstances did not allow adequate
time to develop an NPRM, solicit and
consider public comment, and develop
and publish a final rule before the
expiration of the stay. Instead, the Coast
Guard is soliciting public comment with
this interim rule while it is in effect and
while the AIS requirement will be in
effect, if that information collection is
approved by OMB, so that the public’s
experience with this interim rule and
the AIS requirement can be reflected in
public comments.
This interim rule is effective January
1, 2016. We forgo the 30-day delay in
effective date, under the authority of 5
U.S.C. 553(d)(1) to the extent it relieves
the reporting obligations that would
otherwise come into effect upon the
December 31, 2015 expiration of the
stay, and under 5 U.S.C. 553(d)(3)
because the Coast Guard finds that the
imminent expiration of the stay
constitutes good cause for forgoing the
30-day delay of effective date. The Coast
Guard published a NOI on November
24, 2015 informing the public that it
intended to allow the stay suspending
reporting requirements under this RNA
to expire on December 31, 2015 as
published, and that reporting would
resume in a limited form upon such
expiration. Delaying the effective date of
this interim rule to provide a 30 day
notice—in addition to the notice
provided by the NOI—would be
impracticable and contrary to public
interest because a January 1, 2016,
effective date is necessary to avoid
submission of reports to the IRVMC
which is no longer in operation.
IV. Discussion of the Interim Rule
The Coast Guard’s suspension of
reporting requirements under 33 CFR
165.830 will expire as scheduled, in
part, on December 31, 2015. On January
1, 2016, reporting requirements under
33 CFR 165.830 will become effective in
a limited form. The Coast Guard is not
reinstating reporting, 24 hours per day,
365 days per year, at 90-plus reporting
points under the existing RNA currently
published in the CFR. Under revisions
made by this interim rule, reporting
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requirements will be enforced only
when directed by the District
Commander or a designated
representative. This rule does not
change the type of information to be
reported.
This interim rule makes
administrative changes that remove or
revise references to the IRVMC, as it is
no longer operational, and replace them
with the new Coast Guard office, the
Eighth District CDC Reporting Unit (D8
CDCRU), which when activated will be
responsible for collecting reported
information. The entities required to
report, and the information required,
remain the same. However, reporting is
required only as directed by the District
Commander or a designated
representative, based on assessment of
prevailing safety and security
conditions to ensure and enhance
maritime domain awareness. In effect,
the Coast Guard is allowing existing
paragraphs (d)(1)(ix), (d)(2)(iv), (f)(9),
and (g)(4) to come into effect, with
administrative changes to accommodate
the closure of IRVMC. We will continue
to use the reporting points listed in
paragraph (e) to describe where
reporting is required. This rule ‘‘stays’’
(suspends) compliance with the other
existing reporting requirements.
The District Commander or
designated representative will inform
vessel operators and fleeting facilities
when and where reporting is required,
by using established coordination and
communication mechanisms already in
place and which are used to alert these
same vessel operators and fleeting
facilities of an increase in Maritime
Security level. These notice
mechanisms include, but are not limited
to, coordination with industry trade
organizations, Notices of Enforcement,
Marine Safety Information Bulletins,
and email notifications.
Reports required under this RNA may
be provided via email at d08-smbcdcru@uscg.mil. Alternative reporting
contact methods, including telephone
and fax numbers, will be provided in
the notification from the District
Commander or designated
representative. Additionally, paragraph
(h) allows for alternative methods to be
submitted for approval by the District
Commander. These are the same type of
reporting methods listed in the current
RNA at 33 CFR 165.830(d)(4), however
there will not be a dedicated web link.
The information required to be reported,
is not changed by this interim rule.
The Coast Guard chose to suspend,
rather than remove, several paragraphs
of the existing rule in order to evaluate
their necessity and to retain the ability
to reinstate them (using appropriate
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administrative processes) if necessary.
All public comments are welcome, but
we specifically solicit comment on the
following: The appropriate type and
frequency of reporting related to CDC
barges in D8; the potential to use AIS to
satisfy reporting goals; and the extent to
which complying with the AIS rule
would render this rule unnecessary.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
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A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget.
No new requirements are established
or imposed by this rule. This interim
rule suspends compliance with certain
provisions of an existing regulation that
will come into effect when the current
stay expires on December 31, 2015
thereby continuing to relieve a reporting
obligation while the Coast Guard solicits
public comment regarding appropriate
reporting. As a result, the currentlystayed requirement will resume only in
a limited form. The rule also makes
administrative changes affecting which
Coast Guard entity directs and receives
reporting. None of these changes will
have a significant impact on regulated
entities.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
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vessels intending to transit the RNA
may be small entities, for the reasons
stated in section V.A above, this rule
will not have a significant economic
impact on any vessel owner or operator.
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 section.
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.
C. Collection of Information
This rule does not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520). The existing
collection is approved by the Office of
Management and Budget under OMB
control number 1625–0105.
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 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 have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 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
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79479
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
F. 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 (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
administrative changes to resuming
reporting requirements in a limited form
under an established RNA. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction.
This interim rule limits the existing,
suspended, 24 hours a day, 7 days a
week, 365 days a year reporting
requirement throughout the entire RNA
to require reporting only when and
where directed by the District
Commander, reducing the time frame
and area that the reporting requirements
are enforced. An environmental analysis
checklist and categorical exclusion
determination are not required. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this rule.
G. 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.
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VI. Public Participation and Request for
Comments
We view public participation as
essential, and will consider all
comments and material received during
the comment period. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this interim
rule as being available in the docket,
and all public comments, will be in our
online docket at https://
www.regulations.gov and can be viewed
by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or additional
publications or supplemental
information is provided.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
1. The authority citation for part 165
continues to read as follows:
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Authority: Authority: 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,
and 160.5; Department of Homeland Security
Delegation No. 0170.1.
2. In § 165.830:
a. Revise paragraph (b);
b. In paragraph (c), remove the words
‘‘Inland River Vessel Movement Center
or (IRVMC)’’ and add in their place the
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§ 165.830 Regulated Navigation Area;
Reporting Requirements for Barges Loaded
with Certain Dangerous Cargoes, Inland
Rivers, Eight Coast Guard District.
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
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words ‘‘Eighth District CDC Reporting
Unit or (D8 CDCRU)’’;
■ c. In paragraph (d) introductory text,
remove the words ‘‘Inland River Vessel
Movement Center (IRVMC)’’ and add in
their place the words ‘‘Eighth District
CDC Reporting Unit Eighth District (D8
CDCRU)’’;
■ d. In paragraphs (d)(1) introductory
text and (d)(1)(ii), remove the text
‘‘IRVMC’’ and add, in its place, the text
‘‘D8 CDCRU’’;
■ e. In paragraph (d)(1)(ix), remove the
text ‘‘IRVMC’’ and add in its place the
text ‘‘District Commander or designated
representative’’;
■ f. In paragraph (d)(2) introductory
text, remove the text ‘‘IRVMC’’ and add
in its place the text ‘‘D8 CDCRU’’;
■ g. In paragraph (d)(2)(iv), remove the
text ‘‘IRVMC’’ and add in its place the
text ‘‘District Commander or designated
representative’’;
■ h. Revise paragraph (d)(4).
■ i. In paragraphs (e), (f) introductory
text, and (g) introductory text and the
headings to tables 165.830(f) and
165.830(g), remove the text ‘‘IRVMC’’
and add in its place the text ‘‘D8
CDCRU’’;
■ j. In paragraphs (f)(9) and (g)(4),
remove the text ‘‘IRVMC’’ and add in its
place the text ‘‘District Commander or
designated representative’’;
■ k. In paragraph (i), remove the text
‘‘the IRVMC’’ and add in its place the
text ‘‘designated representative’’; and
■ l. Amend § 165.830 by removing all
other occurrences of the text ‘‘IRVMC’’
and adding, in its place, the text ‘‘D8
CDCRU’’.
The revisions read as follows:
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(b) Enforcement and applicability. (1)
Beginning January 1, 2016, reporting
requirements under this RNA will be
enforced only when directed by the
District Commander or designated
representative under paragraphs
(d)(1)(ix), (d)(2)(iv), (f)(9), and (g)(4) of
this section. Reporting points as listed
in paragraph (e) of this section may be
used to determine and inform where
reporting is required. Compliance under
other parts of this section is stayed until
a future date published in the Federal
Register, if determined necessary.
(2) This section applies to towing
vessel operators and fleeting area
managers responsible for CDC barges in
the RNA. This section does not apply to:
(i) Towing vessel operators
responsible for barges not carrying CDCs
barges, or
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(ii) Fleet tow boats moving one or
more CDC barges within a fleeting area.
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(d) * * *
(4) When required, reports under this
section must be made either by email at
d08-smb-cdcru@uscg.mil or via phone
or fax as provided in the notification as
directed by the District Commander or
designated representative through the
D8 CDCRU. Notification of when and
where reporting is required may be
made through Marine Safety
Information Bulletins, Notices of
Enforcement, email and/or through
industry outreach. At all other times,
reporting under this section is not
required and communications should be
directed to the Captain of the Port.
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Dated: December 8, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2015–32135 Filed 12–21–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–1088]
RIN 1625–AA00
Safety Zone; Pleasure Beach Bridge,
Bridgeport, CT.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
within the Coast Guard Sector Long
Island Sound (LIS) Captain of the Port
(COTP) Zone. This temporary final rule
is necessary to provide for the safety of
life on navigable waters. Entry into,
transit through, mooring or anchoring
within the safety zone is prohibited
unless authorized by COTP Sector LIS.
DATES: This rule is effective without
actual notice from 12:01 a.m. on
December 22, 2015 until 12 a.m. on
January 01, 2016. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed,
December 10, 2015, until December 22,
2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–1088]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Rules and Regulations]
[Pages 79477-79480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32135]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0760]
RIN 1625-AA11
Regulated Navigation Area; Reporting Requirements for Barges
Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast
Guard District; Expiration of Stay (Suspension) and Administrative
Changes
AGENCY: Coast Guard, DHS.
ACTION: Interim rule; request for comments.
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SUMMARY: Through this interim rule, the Coast Guard is providing
administrative changes to the existing reporting requirements under the
Regulated Navigation Area (RNA) applicable to barges loaded with
certain dangerous cargoes on the inland rivers in the Eighth District
area of responsibility. The current stay of reporting requirements
under the RNA is scheduled to expire on December 31, 2015. This interim
rule limits the reporting requirements in that rule for an interim
period while also requesting comments before proposing or finalizing
any long term or permanent revisions to the existing reporting
requirements.
DATES: This interim rule is effective beginning January 1, 2016.
Comments and related material must be received by the Coast Guard on or
before June 20, 2016. See SUPPLEMENTARY INFORMATION for details on
enforcement and compliance.
ADDRESSES: The docket for this interim rule and request for comments,
[USCG-2013-0760] is available at https://www.regulations.gov. You may
submit comments identified by docket number USCG-2013-0760 using the
Federal eRulemaking Portal at https://www.regulations.gov. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: For information about this document
email the Coast Guard via Shelley R. Miller at
Shelley.R.Miller@uscg.mil or Captain Paul E. Dittman at
Paul.E.Dittman@uscg.mil or call the Coast Guard at 504-671-2330.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CDC Certain Dangerous Cargo
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
IRVMC Inland River Vessel Movement Center
NOI Notice of intent
NPRM Notice of proposed rulemaking
Pub. L. Public Law
RNA Regulated navigation area
U.S.C. United States Code
II. Background Information and Regulatory History
The reporting requirements under 33 CFR 165.830, ``Regulated
Navigation Area; Reporting Requirements for Barges Loaded with Certain
Dangerous Cargoes, Inland Rivers, Eighth Coast Guard District,'' were
initially suspended (``stayed'') in January 2011 due to the expiration
of the contract for the Inland River Vessel Movement Center (IRVMC).
The IRVMC was the Coast Guard office responsible for collecting the
information required by the regulated navigation area (RNA) at Sec.
165.830. Upon expiration of the contract for the IRVMC, the Coast Guard
was not able to receive and process reports. Therefore, the suspension
of reporting requirements was published in the Federal Register on
January 10, 2011 and was due to expire on January 15, 2013 (76 FR
1360). On January 2, 2013 the Coast Guard extended the suspension
through September 30, 2013 (78 FR 25) and on October 1, 2013 the Coast
Guard extended the suspension once again through December 31, 2015 (78
FR 60216).
In January 2015 the Coast Guard published a final rule, titled
Vessel Requirements for Notices of Arrival and Departure, and Automatic
Identification System (80 FR 5282). This rule implemented new and
updated Notices of Arrival (NOA) reporting requirements under 33 CFR
160 Subpart C, providing an exemption, at 33 CFR 160.204(a)(3), for any
vessel required to report movements, its cargo, or the cargo in barges
it is towing under 33 CFR 165.830 after December 31, 2015. This rule,
which was initially proposed in 2008 before the RNA reporting
requirements were suspended, relied on the existing reporting
requirements at 33 CFR 165.830 to support the exemption. Starting on
January 1, 2016, a vessel would only be eligible for the exemption if
it is required to report its movements or cargo as specified in Sec.
160.204(a)(3).
On November 24, 2015, the Coast Guard published a notice of intent
(NOI) informing the public that the stay would expire on December 31,
2015, and that reporting would resume in a limited form (80 FR 73156).
This rule makes changes to limit the suspended reporting requirements,
which would otherwise come into effect in full on January 1, 2016.
Also relevant to this interim rule and request for comments is the
portion of the January 2015 rule requiring that all vessels engaged in
the movement of Certain Dangerous Cargos (CDC) have Class A Automatic
Information System (AIS) beginning in March 2016, pending Office of
Management and Budget (OMB) approval of a collection of information
associated with that regulatory requirement. These AIS requirements
provided under 33 CFR 164.46, if enforced, may provide an alternative
method of reporting that could potentially satisfy the requirements
under 33 CFR 165.830 and
[[Page 79478]]
qualify these vessels for the 33 CFR 160.204(a)(3) exemption. As
indicated in the Federal Register publications establishing and
extending the RNA suspension, during the suspension periods, the Coast
Guard assessed potentially modifying the reporting required under the
RNA and potential suitable alternative Coast Guard offices and programs
to receive and disseminate the reported information. The new AIS
requirement, once in full effect, will still be assessed as a potential
alternative reporting method. At this time, the Coast Guard has
determined that using already-established Coast Guard offices and units
centralized at the Eighth District level to receive required reports is
the appropriate interim solution to resume the reporting requirements
necessary for both maritime domain awareness and to satisfy the
exemption in 33 CFR 160.204(a)(3). This interim rule provides the
necessary administrative changes to the existing reporting
requirements, requiring reporting in a limited form while also
requesting comments to better assess a potential permanent reporting
system.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this interim rule to limit the RNA
reporting requirements that will come into effect after December 31
when the stay of Sec. 165.830 expires. This rule is necessary to stay
compliance with certain provisions of the existing rule, and to make
administrative changes replacing the references to IRVMC, which is no
longer operational. The Coast Guard is issuing this rule under
authority in 33 U.S.C. 1231, the same authority providing for the
initial establishment of the RNA.
The Coast Guard is issuing this interim rule without prior
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 for several reasons. It is unnecessary to
publish an NPRM because this interim rule makes only administrative
changes to the existing RNA regulation under 33 CFR 165.830, and does
not propose or establish new restrictions or requirements. This interim
rule merely stays compliance with portions of an existing requirement,
allowing select existing provisions to resume upon expiration of a stay
in effect through December 31, 2015 and makes the administrative
changes necessary to redirect reporting from the IRVMC to the District.
Additionally, publishing an NPRM was impracticable because of the
relatively short time between the publication of the NOA final rule and
the expiration of the stay, as well as the uncertain enforcement date
of certain provisions of the AIS portion of that rule. These
circumstances did not allow adequate time to develop an NPRM, solicit
and consider public comment, and develop and publish a final rule
before the expiration of the stay. Instead, the Coast Guard is
soliciting public comment with this interim rule while it is in effect
and while the AIS requirement will be in effect, if that information
collection is approved by OMB, so that the public's experience with
this interim rule and the AIS requirement can be reflected in public
comments.
This interim rule is effective January 1, 2016. We forgo the 30-day
delay in effective date, under the authority of 5 U.S.C. 553(d)(1) to
the extent it relieves the reporting obligations that would otherwise
come into effect upon the December 31, 2015 expiration of the stay, and
under 5 U.S.C. 553(d)(3) because the Coast Guard finds that the
imminent expiration of the stay constitutes good cause for forgoing the
30-day delay of effective date. The Coast Guard published a NOI on
November 24, 2015 informing the public that it intended to allow the
stay suspending reporting requirements under this RNA to expire on
December 31, 2015 as published, and that reporting would resume in a
limited form upon such expiration. Delaying the effective date of this
interim rule to provide a 30 day notice--in addition to the notice
provided by the NOI--would be impracticable and contrary to public
interest because a January 1, 2016, effective date is necessary to
avoid submission of reports to the IRVMC which is no longer in
operation.
IV. Discussion of the Interim Rule
The Coast Guard's suspension of reporting requirements under 33 CFR
165.830 will expire as scheduled, in part, on December 31, 2015. On
January 1, 2016, reporting requirements under 33 CFR 165.830 will
become effective in a limited form. The Coast Guard is not reinstating
reporting, 24 hours per day, 365 days per year, at 90-plus reporting
points under the existing RNA currently published in the CFR. Under
revisions made by this interim rule, reporting requirements will be
enforced only when directed by the District Commander or a designated
representative. This rule does not change the type of information to be
reported.
This interim rule makes administrative changes that remove or
revise references to the IRVMC, as it is no longer operational, and
replace them with the new Coast Guard office, the Eighth District CDC
Reporting Unit (D8 CDCRU), which when activated will be responsible for
collecting reported information. The entities required to report, and
the information required, remain the same. However, reporting is
required only as directed by the District Commander or a designated
representative, based on assessment of prevailing safety and security
conditions to ensure and enhance maritime domain awareness. In effect,
the Coast Guard is allowing existing paragraphs (d)(1)(ix), (d)(2)(iv),
(f)(9), and (g)(4) to come into effect, with administrative changes to
accommodate the closure of IRVMC. We will continue to use the reporting
points listed in paragraph (e) to describe where reporting is required.
This rule ``stays'' (suspends) compliance with the other existing
reporting requirements.
The District Commander or designated representative will inform
vessel operators and fleeting facilities when and where reporting is
required, by using established coordination and communication
mechanisms already in place and which are used to alert these same
vessel operators and fleeting facilities of an increase in Maritime
Security level. These notice mechanisms include, but are not limited
to, coordination with industry trade organizations, Notices of
Enforcement, Marine Safety Information Bulletins, and email
notifications.
Reports required under this RNA may be provided via email at d08-smb-cdcru@uscg.mil. Alternative reporting contact methods, including
telephone and fax numbers, will be provided in the notification from
the District Commander or designated representative. Additionally,
paragraph (h) allows for alternative methods to be submitted for
approval by the District Commander. These are the same type of
reporting methods listed in the current RNA at 33 CFR 165.830(d)(4),
however there will not be a dedicated web link. The information
required to be reported, is not changed by this interim rule.
The Coast Guard chose to suspend, rather than remove, several
paragraphs of the existing rule in order to evaluate their necessity
and to retain the ability to reinstate them (using appropriate
[[Page 79479]]
administrative processes) if necessary. All public comments are
welcome, but we specifically solicit comment on the following: The
appropriate type and frequency of reporting related to CDC barges in
D8; the potential to use AIS to satisfy reporting goals; and the extent
to which complying with the AIS rule would render this rule
unnecessary.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
No new requirements are established or imposed by this rule. This
interim rule suspends compliance with certain provisions of an existing
regulation that will come into effect when the current stay expires on
December 31, 2015 thereby continuing to relieve a reporting obligation
while the Coast Guard solicits public comment regarding appropriate
reporting. As a result, the currently-stayed requirement will resume
only in a limited form. The rule also makes administrative changes
affecting which Coast Guard entity directs and receives reporting. None
of these changes will have a significant impact on regulated entities.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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. While some owners or operators of vessels intending to
transit the RNA may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
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
section.
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.
C. Collection of Information
This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The existing
collection is approved by the Office of Management and Budget under OMB
control number 1625-0105.
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. 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.
F. 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 (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 administrative changes to resuming reporting requirements
in a limited form under an established RNA. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. This interim rule limits the existing,
suspended, 24 hours a day, 7 days a week, 365 days a year reporting
requirement throughout the entire RNA to require reporting only when
and where directed by the District Commander, reducing the time frame
and area that the reporting requirements are enforced. An environmental
analysis checklist and categorical exclusion determination are not
required. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
G. 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.
[[Page 79480]]
VI. Public Participation and Request for Comments
We view public participation as essential, and will consider all
comments and material received during the comment period. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this interim rule as being available in the
docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or
additional publications or supplemental information is provided.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
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2. In Sec. 165.830:
0
a. Revise paragraph (b);
0
b. In paragraph (c), remove the words ``Inland River Vessel Movement
Center or (IRVMC)'' and add in their place the words ``Eighth District
CDC Reporting Unit or (D8 CDCRU)'';
0
c. In paragraph (d) introductory text, remove the words ``Inland River
Vessel Movement Center (IRVMC)'' and add in their place the words
``Eighth District CDC Reporting Unit Eighth District (D8 CDCRU)'';
0
d. In paragraphs (d)(1) introductory text and (d)(1)(ii), remove the
text ``IRVMC'' and add, in its place, the text ``D8 CDCRU'';
0
e. In paragraph (d)(1)(ix), remove the text ``IRVMC'' and add in its
place the text ``District Commander or designated representative'';
0
f. In paragraph (d)(2) introductory text, remove the text ``IRVMC'' and
add in its place the text ``D8 CDCRU'';
0
g. In paragraph (d)(2)(iv), remove the text ``IRVMC'' and add in its
place the text ``District Commander or designated representative'';
0
h. Revise paragraph (d)(4).
0
i. In paragraphs (e), (f) introductory text, and (g) introductory text
and the headings to tables 165.830(f) and 165.830(g), remove the text
``IRVMC'' and add in its place the text ``D8 CDCRU'';
0
j. In paragraphs (f)(9) and (g)(4), remove the text ``IRVMC'' and add
in its place the text ``District Commander or designated
representative'';
0
k. In paragraph (i), remove the text ``the IRVMC'' and add in its place
the text ``designated representative''; and
0
l. Amend Sec. 165.830 by removing all other occurrences of the text
``IRVMC'' and adding, in its place, the text ``D8 CDCRU''.
The revisions read as follows:
Sec. 165.830 Regulated Navigation Area; Reporting Requirements for
Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eight
Coast Guard District.
* * * * *
(b) Enforcement and applicability. (1) Beginning January 1, 2016,
reporting requirements under this RNA will be enforced only when
directed by the District Commander or designated representative under
paragraphs (d)(1)(ix), (d)(2)(iv), (f)(9), and (g)(4) of this section.
Reporting points as listed in paragraph (e) of this section may be used
to determine and inform where reporting is required. Compliance under
other parts of this section is stayed until a future date published in
the Federal Register, if determined necessary.
(2) This section applies to towing vessel operators and fleeting
area managers responsible for CDC barges in the RNA. This section does
not apply to:
(i) Towing vessel operators responsible for barges not carrying
CDCs barges, or
(ii) Fleet tow boats moving one or more CDC barges within a
fleeting area.
* * * * *
(d) * * *
(4) When required, reports under this section must be made either
by email at d08-smb-cdcru@uscg.mil or via phone or fax as provided in
the notification as directed by the District Commander or designated
representative through the D8 CDCRU. Notification of when and where
reporting is required may be made through Marine Safety Information
Bulletins, Notices of Enforcement, email and/or through industry
outreach. At all other times, reporting under this section is not
required and communications should be directed to the Captain of the
Port.
* * * * *
Dated: December 8, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-32135 Filed 12-21-15; 8:45 am]
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