[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53820-53822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22198]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0511]
RIN 1625-AA00
Safety Zone; Missouri River From the Border Between Montana and
North Dakota
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; change of effective period.
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SUMMARY: The Coast Guard is extending the effective period for the
temporary safety zone on the specified waters of the Missouri River
from the Montana and North Dakota border to the confluence with the
Mississippi River, extending the entire width of the river. Temporary
section 33 CFR 165.T11-0511, which established the temporary safety
zone, was set to expire August 30, 2011. Extending the effective period
for this safety zone provides continued and uninterrupted protection of
levees and personnel involved in ongoing high water response.
Continuing the safety zone will significantly reduce the threat of
destruction to levees and vessels and tows.
DATES: Section 165.T11-0511 temporarily added at 76 FR 37647, June 28,
2011, effective from June 2, 2011 to August 30, 2011, will continue in
effect through October 31, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0511 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0511 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or e-mail Lieutenant Commander (LCDR) Scott Stoermer,
Sector Upper Mississippi River, Coast Guard at (314) 269-2540 or
[email protected].
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This rule extends the existing
temporary safety zone on the Missouri River from the border between
Montana and North Dakota at 104.05 degrees west longitude to the
confluence with the Mississippi River at 90.11 degrees West longitude
and extending the entire width of the river, which is currently set to
expire on August 30, 2011. This extension is necessary to continue
uninterrupted protection of levees and personnel involved in ongoing
high water response.
Failing to extend the effective dates for this rule pending
completion of notice and comment rulemaking is impracticable and
contrary to the public interest because it would cause a gap in the
ability to enforce the needed safety zone for protection of all
responders, the response efforts, and the environment. For the same
reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register.
Basis and Purpose
The safety zone in place pursuant to the temporary final Rule at
docket USCG-2011-0511 (76 FR 37647) established a safety zone for the
record flooding on the Missouri River from June 2, 2011 through August
30, 2011. The safety zone was enforced through actual notice from June
2, 2011 until June 28, 2011, when the rule published in the Federal
Register to ensure seamless protection of those involved in the
response efforts. This rule extends the effective dates of the
temporary safety zone on the Missouri River from the border between
Montana and North Dakota at 104.05 degrees west longitude to the
confluence with the Mississippi River at 90.11 degrees West longitude
and extending the entire width of the river, which is currently set to
expire on August 30, 2011. The temporary safety zone created by this
rule ensures that there is no gap in authority to protect all
responders, levees, and tow boats and tows.
Discussion of Rule
The Coast Guard is extending the effective date of a safety zone
encompassing the entire Missouri River from the border between Montana
and North Dakota at 104.05 degrees west longitude to the confluence
with the Mississippi River at 90.11 degrees West longitude and
extending the entire width of the river.
During enforcement periods, vessels and tows may not enter this
zone unless authorized by the Captain of the Port Sector Upper
Mississippi River. Emergency response boats or vessels may enter these
waters when responding to emergent situations on or near the river. The
Captain of the Port Sector Upper Mississippi River will
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inform the public through broadcast notices to mariners and/or marine
safety information bulletins when enforcement periods are in place and
of all safety zone changes. When enforcement is implemented, vessels
currently in the safety zone will be provided opportunity to safely
exit the restricted area.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
Notifications to the marine community will be made through
broadcast notices to mariners and/or marine safety information
bulletins. Vessels requiring entry into or passage through the Safety
Zone may request permission from the Captain of the Port Sector Upper
Mississippi, or a designated representative and entry will be evaluated
on a case-by-case basis to minimize impact and protect the general
public, levee system, vessels from destruction, and loss or injury due
to the hazards associated with rising flood water. The impacts on
routine navigation are expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This temporary safety zone is not expected to have a significant
economic impact on a substantial number of small entities because
vessels may request permission to transit the area from the Captain of
the Port Sector Upper Mississippi, or a designated representative, for
passage through the Safety Zone. Passage through the safety zone will
be evaluated on a case-by-case basis to minimize impact and protect the
general public, levee system, vessels from destruction, and loss or
injury due to the hazards associated with rising flood water. If you
are a small business entity and are significantly affected by this
regulation, please contact LCDR Scott Stoermer, Sector Upper
Mississippi River, Coast Guard at (314) 269-2540.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of
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Management and Budget, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction, from further environmental documentation since
implementation of this action will not result in any significant
cumulative impacts on the human environment; does not involve a
substantial change to existing environmental conditions; and is
consistent with Federal, State, and/or local laws or administrative
determinations relating to the environment. This rule involves
establishing a temporary safety zone.
Pursuant to paragraph (34)(g) of the Instruction, an environmental
checklist and a categorical exclusion checklist are available in the
docket indicated under ADDRESSES.
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--SAFETY ZONES
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1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
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2. Section 165.T11-0511 temporarily added at 76 FR 37647, 28 June 2011,
effective from June 2, 2011 to August 30, 2011, will continue in effect
through October 31, 2011.
Dated: August 18, 2011.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2011-22198 Filed 8-29-11; 8:45 am]
BILLING CODE 9110-04-P