Regulated Navigation Area; Upper Mississippi River, Sabula Railroad Drawbridge, Mile Marker 535, Sabula, IA, 48954-48957 [2018-21135]
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48954
Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations
persons or vessels are prohibited from
entering into, transiting through, or
anchoring in the regulated area, unless
authorized by the Patrol Commander
(PATCOM).
DATES: The regulations in 33 CFR
100.1105 will be enforced from 10:30
a.m. until 12:30 p.m. on October 5,
2018; from 12:50 p.m. until 5 p.m. on
October 4, 2018; from 12:50 p.m. until
4 p.m. on October 5, 2018; and from
12:35 p.m. until 4 p.m. on October 6
through 7, 2018 as identified in the
SUPPLEMENTARY INFORMATION section
below.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
enforcement, call or email Lieutenant
Emily Rowan, U.S. Coast Guard Sector
San Francisco; telephone (415) 399–
7443 or email at D11-PF-MarineEvents@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulation for the annual San Francisco
Bay Navy Fleet Week Parade of Ships
and Blue Angels Demonstration in 33
CFR 100.1105.
Regulations for the Navy Parade of
Ships will be enforced from 10:30 a.m.
until 12:30 p.m. on October 5, 2018; the
U.S. Navy Blue Angels Activities will be
enforced from 12:50 p.m. until 5 p.m. on
October 4, 2018, and from 12:50 p.m.
until 4 p.m. on October 5, 2018, and
from 12:35 p.m. until 4 p.m. on October
6 through 7, 2018. Under the provisions
of 33 CFR 100.1105, except for persons
or vessels authorized by the PATCOM,
in regulated area ‘‘Alpha’’ no person or
vessel may enter or remain within 500
yards ahead of any Navy parade vessel.
No person or vessel shall anchor, block,
loiter in, or impede the through transit
of ship parade participants or official
patrol vessels in regulated area ‘‘Alpha.’’
Except for persons or vessels
authorized by the PATCOM, no person
or vessel may enter or remain within
regulated area ‘‘Bravo.’’
When hailed and/or signaled by U.S.
Coast Guard patrol personnel by siren,
radio, flashing light, or other means, a
person or vessel shall come to an
immediate stop. Persons or vessels shall
comply with all directions given; failure
to do so may result in expulsion from
the area, citation for failure to comply,
or both. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
The PATCOM shall be designated by
the Commander, Coast Guard Sector San
Francisco, California. The PATCOM is
empowered to forbid and control the
movement of all vessels in the regulated
area.
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This notice of enforcement is issued
under authority of 33 U.S.C. 1233. In
addition to this notification in the
Federal Register, the Coast Guard will
provide the maritime community with
extensive advance notification of the
regulated area and its enforcement
period via the Local Notice to Mariners,
and Broadcast Notice to Mariners.
Dated: September 20, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2018–21094 Filed 9–27–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0917]
RIN 1625–AA11
Regulated Navigation Area; Upper
Mississippi River, Sabula Railroad
Drawbridge, Mile Marker 535, Sabula,
IA
Coast Guard, DHS.
ACTION: Temporary final rule; request for
comments.
AGENCY:
The Coast Guard is
establishing a temporary regulated
navigation area (RNA) for certain
navigable waters of the Upper
Mississippi River under one of the
navigable spans of the Sabula Railroad
Drawbridge at mile marker (MM) 535.
The RNA is necessary to protect
persons, vessels, and the marine
environment from potential hazards
associated with emergency repair work
to the Sabula Railroad Bridge following
a vessel’s allision with the bridge. This
regulation applies only to southbound
vessel transits through the RNA, and
depending on the water flow as
measured from Lock and Dam 12, this
regulation either prohibits transit or
establishes operating requirements
unless a deviation is authorized by the
Captain of the Port Sector Upper
Mississippi River or a designated
representative. We invite your
comments on this rulemaking.
DATES: This rule is effective without
actual notice from September 28, 2018
through November 30, 2018. For the
purposes of enforcement, actual notice
will be used from September 24, 2018
through September 28, 2018. Comments
and related material must be received by
the Coast Guard on or before October 15,
2018.
SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0917 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Kody
Stitz, Sector Upper Mississippi River
Prevention Department U.S. Coast
Guard; telephone 314–269–2568, email
Kody.J.Stitz@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland
Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. On September 16, 2018,
a vessel allided with the Sabula
Railroad Drawbridge and immediate
action is needed to respond to the
potential hazards associated with
emergency bridge repairs. It is
impracticable to publish an NPRM
because we must establish this regulated
navigation area as soon as possible. The
NPRM process would delay
establishment of the regulated
navigation area until after the
emergency repairs are necessary and
compromise public safety. However, the
Coast Guard is providing an opportunity
to comment while the rule is in effect
and may amend the rule after it becomes
effective, if necessary.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
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Register. Delaying the effective date of
this rule would be contrary to public
interest because immediate action is
needed to respond to the potential
safety hazards associated with
emergency bridge repairs.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Eighth District Commander has
determined that potential hazards
associated with emergency bridge
repairs following an allision will be a
safety concern for vessels transiting
southbound through the right
descending span, also known as Iowa
span, of the Sabula Railroad
Drawbridge. This rule is necessary to
protect persons, vessels, and the marine
environment on the navigable waters of
the Upper Mississippi River while the
bridge is being repaired. The duration of
this rule is intended to cover the period
of emergency repairs.
IV. Discussion of the Rule
This rule establishes a temporary
regulated navigation area from
September 21, 2018 through November
30, 2018, or until the emergency bridge
repairs are completed, whichever occurs
first. The regulated area covers all
navigable waters of the Upper
Mississippi River under the right
descending bank span, also known as
the Iowa span, of the Sabula Railroad
Drawbridge at mile marker (MM) 535.
This rule applies only to southbound
vessel transits through the RNA, and
depending on the water flow as
measured from Lock and Dam 12, this
regulation either prohibits transit or
establishes operating requirements
unless a deviation is authorized by the
Captain of the Port Sector Upper
Mississippi River or a designated
representative.
When the water flow rate as measured
from Lock and Dam 12 is 100kcfs or
greater, vessels are prohibited from
transiting southbound through the RNA
unless authorized by the Captain of the
Port Sector Upper Mississippi River
(COTP) or a designated representative.
When the water flow rate as measured
from Lock and Dam 12 is less than
100kcfs, vessels may transit southbound
through the RNA only if navigating at
their slowest safe speed and avoiding
contact with any part of the Sabula
Railroad Drawbridge and the
unprotected rest pier located on the
right descending side of the Sabula
Railroad Drawbridge.
When the water flow rate as measured
from Lock and Dam 12 is less than
100kcfs, vessels engaged in towing may
transit southbound through the RNA
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only if the size of the tow does not
exceed 15 barges, the towing vessels
possess a minimum of 250 horsepower
per loaded barge in the tow, and the
towing vessel uses an assist vessel of at
least 1,000 horsepower when pushing
three or more barges. If an assist vessel
is required by this rule, the assist vessel
and the towing vessel must discuss a
plan to transit through the RNA before
doing so and both the assist vessel and
the towing vessel must be capable of
continuous two-way voice
communication during the transit.
The COTP or a designated
representative may review, on a case-bycase basis, alternatives to the minimum
operating or towing requirements set
forth in this rule and may approve a
deviation from these requirements
should they provide an equivalent level
of safety. The COTP or a designated
representative may determine, on a
case-by-case basis, that although the
conditions triggering the RNA may be
met, the current potential hazards do
not require that each requirement of the
RNA be enforced and that only certain
of the above-prescribed restrictions are
necessary under the circumstances. The
COTP or a designated representative
may consider environmental factors, the
water flow rate at Lock and Dam 12,
mitigating safety factors, and the
completion progress of the bridge
repairs among other factors. The COTP
or a designated representative will
broadcast notice of such determination
and any subsequent changes. Notice that
these vessel operational conditions are
anticipated to be put into effect, or are
in effect, will be given by Broadcast
Notice to Mariners, Local Notices to
Mariners, Marine Safety Information
Broadcasts, and/or actual notice, as
appropriate.
V. 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 and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
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not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the limited applicability of
rule, the availability of an alternate
route, and the ability of the COTP to
issue a deviation from the requirements
of this rule or suspend enforcement of
this rule on a case-by-case basis. This
rule only affects southbound vessel
transits through the RNA; northbound
vessels may transit the RNA at any time
without restrictions. In addition, the
regulated area only covers the navigable
waters under the span of the Sabula
Railroad Drawbridge that was damaged
in the allision, the right descending
span, or Iowa span, of the bridge.
Vessels may transit north or southbound
through the left descending span, or
Illinois span, at any time without
restriction. Finally, this rule allows
vessels to seek permission to transit
through the RNA and/or deviate from
the operating requirements, and also
allows the COTP to suspend
enforcement of particular provisions of
the RNA under appropriate
circumstances.
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
temporary regulated area 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.
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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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. 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,
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we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, 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 a
regulated navigation area lasting
approximately two months that
prohibits entry or establishes vessel
operating requirements for southbound
transits through the right descending
span of the Sabula Railroad Drawbridge
on the Upper Mississippi River while
emergency repairs are made to the
bridge. It is categorically excluded from
further review under paragraph L60(d)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination will be made available in
the docket where indicated under
ADDRESSES.
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.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
The Coast Guard may amend this
temporary final rule if we receive
comments from the public that indicate
that a change is warranted. 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.
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
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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, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this
temporary final 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 website’s instructions.
Additionally, if you go to the online
docket and sign up for email alerts, you
will be notified when comments are
posted.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 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. Add § 165.T08–0917 to read as
follows:
■
§ 165.T08–0917 Regulated Navigation
Area; Upper Mississippi River, Sabula
Railroad Drawbridge, Mile Marker 535,
Sabula, IA.
(a) Location. The following area is a
regulated navigation area (RNA): All
navigable waters of the Upper
Mississippi River under the right
descending bank span, also known as
the Iowa span, of the Sabula Railroad
Drawbridge at mile marker (MM) 535.
(b) Effective period. This section is
effective from September 21, 2018
through November 30, 2018, or until the
emergency bridge repairs are completed,
whichever occurs first.
(c) Applicability. This section only
applies to vessels transiting southbound
through the RNA.
(d) Regulations. (1) In accordance
with the general regulations contained
in 33 CFR 165.10, 165.11, and 165.13,
when the water flow rate as measured
from Lock and Dam 12 is 100kcfs or
greater, vessels are prohibited from
transiting southbound through the RNA
unless authorized by the Captain of the
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Port Sector Upper Mississippi River
(COTP) or a designated representative.
(2) When the water flow rate as
measured from Lock and Dam 12 is less
than 100kcfs, vessels may transit
southbound through the RNA only
under the following conditions:
(i) Vessels operate at their slowest safe
speed; and
(ii) Vessels avoid contacting any part
of the Sabula Railroad Drawbridge and
the unprotected rest pier located on the
right descending side of the Sabula
Railroad Drawbridge.
(3) When the water flow rate as
measured from Lock and Dam 12 is less
than 100kcfs, vessels engaged in towing
may transit southbound through the
RNA only under the following
conditions:
(i) The size of the tow does not exceed
15 barges; and
(ii) The towing vessel possesses a
minimum of 250 horsepower per loaded
barge in the tow; and
(iii) When pushing three or more
barges, an assist vessel of at least 1,000
horsepower is utilized.
(4) If an assist vessel is required under
this section, before entering the RNA:
(i) The assist vessel and the tow vessel
shall discuss a plan to transit through
the bridge, and
(ii) Both the assist vessel and the
towing vessel shall be capable of
continuous two-way voice
communication while transiting through
the bridge.
(5) The COTP or a designated
representative may review, on a case-bycase basis, alternatives to the minimum
operating or towing requirements and
conditions set forth in subparagraphs
(d)(2)–(d)(4) of this section and may
approve a deviation to these
requirements and conditions should
they provide an equivalent level of
safety.
(6) The COTP or a designated
representative may determine, on a
case-by-case basis, that although the
conditions triggering the RNA may be
met, the current potential hazards do
not require that each requirement of the
RNA be enforced and that only certain
of the above-prescribed restrictions are
necessary under the circumstances. The
COTP or a designated representative
may consider environmental factors, the
water flow rate at Lock and Dam 12,
mitigating safety factors, and the
completion progress of bridge the
repairs among other factors. The COTP
or a designated representative shall
broadcast such notice of such
determination and any changes under
the provisions of paragraph (e).
(e) Notice of requirements. Notice that
these vessel operational conditions are
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anticipated to be put into effect, or are
in effect, will be given by Broadcast
Notice to Mariners, Local Notices to
Mariners, Marine Safety Information
Broadcasts, and/or actual notice, as
appropriate.
Dated: September 24, 2018
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2018–21135 Filed 9–27–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3000
[18X.LLWO310000.L13100000.PP0000]
RIN 1004–AE57
Minerals Management: Adjustment of
Cost Recovery Fees
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
This final rule updates the
fees set forth in the Bureau of Land
Management (BLM) mineral resources
regulations for the processing of certain
minerals program-related actions. It also
adjusts certain filing fees for mineralsrelated documents. These updated fees
include those for actions such as lease
renewals and mineral patent
adjudications.
SUMMARY:
This final rule is effective
October 1, 2018.
ADDRESSES: You may send inquiries or
suggestions to Director (630), Bureau of
Land Management, 2134LM, 1849 C
Street NW, Washington, DC 20240;
Attention: RIN 1004–AE57.
FOR FURTHER INFORMATION CONTACT:
Steve Wells, Chief, Division of Fluid
Minerals, 202–912–7143; Mitch
Leverette, Chief, Division of Solid
Minerals, 202–912–7114; or Mark
Purdy, Regulatory Affairs, 202–912–
7635. Persons who use a
telecommunications device for the deaf
(TDD) may leave a message for these
individuals with the Federal Relay
Service (FRS) at 1–800–877–8339, 24
hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
The BLM has specific authority to
charge fees for processing applications
and other documents relating to public
lands under section 304 of the Federal
Land Policy and Management Act of
1976 (FLPMA), 43 U.S.C. 1734. In 2005,
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48957
the BLM published a final cost recovery
rule (70 FR 58854) establishing or
revising fees and service charges for
processing documents related to its
minerals programs (2005 Cost Recovery
Rule). In addition, the 2005 Cost
Recovery Rule also established the
method the BLM would use to adjust
those fees and service charges on an
annual basis.
At 43 CFR 3000.12(a), the regulations
provide that the BLM will annually
adjust fees established in subchapter C
(43 CFR parts 3000 through 3900)
according to changes in the Implicit
Price Deflator for Gross Domestic
Product (IPD–GDP), which is published
quarterly by the U.S. Department of
Commerce. See also 43 CFR 3000.10.
This final rule updates those fees and
service charges consistent with that
direction. The fee adjustments in this
rule are based on the mathematical
formula set forth in the 2005 Cost
Recovery Rule. The public had an
opportunity to comment on that
adjustment procedure as part of the
2005 rulemaking. Accordingly, the
Department of the Interior for good
cause finds under 5 U.S.C. 553(b)(B) and
(d)(3) that notice and public comment
procedures are unnecessary and that the
fee adjustments in this rule may be
effective less than 30 days after
publication. See 43 CFR 3000.10(c).
II. Discussion of Final Rule
As set forth in the 2005 Cost Recovery
Rule, the fee updates are based on the
change in the IPD–GDP. The BLM’s
minerals program publishes the updated
cost recovery fees, which become
effective on October 1, the start of the
fiscal year (FY).
Since the BLM did not publish a fee
update for FY 2018, this rule updates
the cost recovery fees from FY 2017 for
FY 2019. The update is based on the
change in the IPD–GDP from the 4th
Quarter of 2015 to the 4th Quarter of
2017 and reflects the rate of inflation
over a two-year time period (or eight
calendar quarters).
Under this rule, 17 fees will remain
the same and 31 fees will increase. Of
the 31 fees that are being increased by
this rule, 18 of the increases are equal
to $5 each. The largest increase, $105,
will be applied to the fee for
adjudicating a mineral patent
application containing more than 10
claims, which will increase from $3,110
to $3,215. The fee for adjudicating a
patent application containing 10 or
fewer claims will increase by $50, from
$1,555 to $1,605.
The calculations that resulted in the
new fees are included in the table
below:
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]]>Agencies
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 48954-48957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21135]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0917]
RIN 1625-AA11
Regulated Navigation Area; Upper Mississippi River, Sabula
Railroad Drawbridge, Mile Marker 535, Sabula, IA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA) for certain navigable waters of the Upper
Mississippi River under one of the navigable spans of the Sabula
Railroad Drawbridge at mile marker (MM) 535. The RNA is necessary to
protect persons, vessels, and the marine environment from potential
hazards associated with emergency repair work to the Sabula Railroad
Bridge following a vessel's allision with the bridge. This regulation
applies only to southbound vessel transits through the RNA, and
depending on the water flow as measured from Lock and Dam 12, this
regulation either prohibits transit or establishes operating
requirements unless a deviation is authorized by the Captain of the
Port Sector Upper Mississippi River or a designated representative. We
invite your comments on this rulemaking.
DATES: This rule is effective without actual notice from September 28,
2018 through November 30, 2018. For the purposes of enforcement, actual
notice will be used from September 24, 2018 through September 28, 2018.
Comments and related material must be received by the Coast Guard on or
before October 15, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0917 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Kody Stitz, Sector Upper Mississippi
River Prevention Department U.S. Coast Guard; telephone 314-269-2568,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. On
September 16, 2018, a vessel allided with the Sabula Railroad
Drawbridge and immediate action is needed to respond to the potential
hazards associated with emergency bridge repairs. It is impracticable
to publish an NPRM because we must establish this regulated navigation
area as soon as possible. The NPRM process would delay establishment of
the regulated navigation area until after the emergency repairs are
necessary and compromise public safety. However, the Coast Guard is
providing an opportunity to comment while the rule is in effect and may
amend the rule after it becomes effective, if necessary.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal
[[Page 48955]]
Register. Delaying the effective date of this rule would be contrary to
public interest because immediate action is needed to respond to the
potential safety hazards associated with emergency bridge repairs.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Eighth District Commander has determined that potential
hazards associated with emergency bridge repairs following an allision
will be a safety concern for vessels transiting southbound through the
right descending span, also known as Iowa span, of the Sabula Railroad
Drawbridge. This rule is necessary to protect persons, vessels, and the
marine environment on the navigable waters of the Upper Mississippi
River while the bridge is being repaired. The duration of this rule is
intended to cover the period of emergency repairs.
IV. Discussion of the Rule
This rule establishes a temporary regulated navigation area from
September 21, 2018 through November 30, 2018, or until the emergency
bridge repairs are completed, whichever occurs first. The regulated
area covers all navigable waters of the Upper Mississippi River under
the right descending bank span, also known as the Iowa span, of the
Sabula Railroad Drawbridge at mile marker (MM) 535. This rule applies
only to southbound vessel transits through the RNA, and depending on
the water flow as measured from Lock and Dam 12, this regulation either
prohibits transit or establishes operating requirements unless a
deviation is authorized by the Captain of the Port Sector Upper
Mississippi River or a designated representative.
When the water flow rate as measured from Lock and Dam 12 is
100kcfs or greater, vessels are prohibited from transiting southbound
through the RNA unless authorized by the Captain of the Port Sector
Upper Mississippi River (COTP) or a designated representative. When the
water flow rate as measured from Lock and Dam 12 is less than 100kcfs,
vessels may transit southbound through the RNA only if navigating at
their slowest safe speed and avoiding contact with any part of the
Sabula Railroad Drawbridge and the unprotected rest pier located on the
right descending side of the Sabula Railroad Drawbridge.
When the water flow rate as measured from Lock and Dam 12 is less
than 100kcfs, vessels engaged in towing may transit southbound through
the RNA only if the size of the tow does not exceed 15 barges, the
towing vessels possess a minimum of 250 horsepower per loaded barge in
the tow, and the towing vessel uses an assist vessel of at least 1,000
horsepower when pushing three or more barges. If an assist vessel is
required by this rule, the assist vessel and the towing vessel must
discuss a plan to transit through the RNA before doing so and both the
assist vessel and the towing vessel must be capable of continuous two-
way voice communication during the transit.
The COTP or a designated representative may review, on a case-by-
case basis, alternatives to the minimum operating or towing
requirements set forth in this rule and may approve a deviation from
these requirements should they provide an equivalent level of safety.
The COTP or a designated representative may determine, on a case-by-
case basis, that although the conditions triggering the RNA may be met,
the current potential hazards do not require that each requirement of
the RNA be enforced and that only certain of the above-prescribed
restrictions are necessary under the circumstances. The COTP or a
designated representative may consider environmental factors, the water
flow rate at Lock and Dam 12, mitigating safety factors, and the
completion progress of the bridge repairs among other factors. The COTP
or a designated representative will broadcast notice of such
determination and any subsequent changes. Notice that these vessel
operational conditions are anticipated to be put into effect, or are in
effect, will be given by Broadcast Notice to Mariners, Local Notices to
Mariners, Marine Safety Information Broadcasts, and/or actual notice,
as appropriate.
V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the limited
applicability of rule, the availability of an alternate route, and the
ability of the COTP to issue a deviation from the requirements of this
rule or suspend enforcement of this rule on a case-by-case basis. This
rule only affects southbound vessel transits through the RNA;
northbound vessels may transit the RNA at any time without
restrictions. In addition, the regulated area only covers the navigable
waters under the span of the Sabula Railroad Drawbridge that was
damaged in the allision, the right descending span, or Iowa span, of
the bridge. Vessels may transit north or southbound through the left
descending span, or Illinois span, at any time without restriction.
Finally, this rule allows vessels to seek permission to transit through
the RNA and/or deviate from the operating requirements, and also allows
the COTP to suspend enforcement of particular provisions of the RNA
under appropriate circumstances.
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
temporary regulated area 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.
[[Page 48956]]
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 will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. 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
Directive 023-01 and Commandant Instruction M16475.1D, 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
a regulated navigation area lasting approximately two months that
prohibits entry or establishes vessel operating requirements for
southbound transits through the right descending span of the Sabula
Railroad Drawbridge on the Upper Mississippi River while emergency
repairs are made to the bridge. It is categorically excluded from
further review under paragraph L60(d) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination will be made available in
the docket where indicated under ADDRESSES.
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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. The Coast Guard may amend this temporary final rule if we
receive comments from the public that indicate that a change is
warranted. 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.
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, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this temporary final 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
website's instructions. Additionally, if you go to the online docket
and sign up for email alerts, you will be notified when comments are
posted.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 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.
0
2. Add Sec. 165.T08-0917 to read as follows:
Sec. 165.T08-0917 Regulated Navigation Area; Upper Mississippi River,
Sabula Railroad Drawbridge, Mile Marker 535, Sabula, IA.
(a) Location. The following area is a regulated navigation area
(RNA): All navigable waters of the Upper Mississippi River under the
right descending bank span, also known as the Iowa span, of the Sabula
Railroad Drawbridge at mile marker (MM) 535.
(b) Effective period. This section is effective from September 21,
2018 through November 30, 2018, or until the emergency bridge repairs
are completed, whichever occurs first.
(c) Applicability. This section only applies to vessels transiting
southbound through the RNA.
(d) Regulations. (1) In accordance with the general regulations
contained in 33 CFR 165.10, 165.11, and 165.13, when the water flow
rate as measured from Lock and Dam 12 is 100kcfs or greater, vessels
are prohibited from transiting southbound through the RNA unless
authorized by the Captain of the
[[Page 48957]]
Port Sector Upper Mississippi River (COTP) or a designated
representative.
(2) When the water flow rate as measured from Lock and Dam 12 is
less than 100kcfs, vessels may transit southbound through the RNA only
under the following conditions:
(i) Vessels operate at their slowest safe speed; and
(ii) Vessels avoid contacting any part of the Sabula Railroad
Drawbridge and the unprotected rest pier located on the right
descending side of the Sabula Railroad Drawbridge.
(3) When the water flow rate as measured from Lock and Dam 12 is
less than 100kcfs, vessels engaged in towing may transit southbound
through the RNA only under the following conditions:
(i) The size of the tow does not exceed 15 barges; and
(ii) The towing vessel possesses a minimum of 250 horsepower per
loaded barge in the tow; and
(iii) When pushing three or more barges, an assist vessel of at
least 1,000 horsepower is utilized.
(4) If an assist vessel is required under this section, before
entering the RNA:
(i) The assist vessel and the tow vessel shall discuss a plan to
transit through the bridge, and
(ii) Both the assist vessel and the towing vessel shall be capable
of continuous two-way voice communication while transiting through the
bridge.
(5) The COTP or a designated representative may review, on a case-
by-case basis, alternatives to the minimum operating or towing
requirements and conditions set forth in subparagraphs (d)(2)-(d)(4) of
this section and may approve a deviation to these requirements and
conditions should they provide an equivalent level of safety.
(6) The COTP or a designated representative may determine, on a
case-by-case basis, that although the conditions triggering the RNA may
be met, the current potential hazards do not require that each
requirement of the RNA be enforced and that only certain of the above-
prescribed restrictions are necessary under the circumstances. The COTP
or a designated representative may consider environmental factors, the
water flow rate at Lock and Dam 12, mitigating safety factors, and the
completion progress of bridge the repairs among other factors. The COTP
or a designated representative shall broadcast such notice of such
determination and any changes under the provisions of paragraph (e).
(e) Notice of requirements. Notice that these vessel operational
conditions are anticipated to be put into effect, or are in effect,
will be given by Broadcast Notice to Mariners, Local Notices to
Mariners, Marine Safety Information Broadcasts, and/or actual notice,
as appropriate.
Dated: September 24, 2018
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-21135 Filed 9-27-18; 8:45 am]
BILLING CODE 9110-04-P
