[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Rules and Regulations]
[Pages 77901-77903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32137]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1087]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Mile 389.4 to 403.1
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Upper Mississippi River, from Mile 389.4 to 403.1,
extending the entire width of the river located on the Iowa and
Illinois border. This safety zone is needed to protect bridge span
movement operations on the Upper Mississippi River. Entry into this
zone is prohibited unless specifically authorized by the Captain of the
Port Upper Mississippi River or a designated representative.
DATES: Effective Date: this rule is effective in the CFR from December
15, 2011 until 7 p.m. CST on December 21, 2011. This rule is effective
with actual notice for purposes of enforcement beginning 7 a.m. on
November 22, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1087 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2011-1087
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. 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 on this
temporary rule, call or email Chief Petty Officer Ryan Christensen,
Sector Upper Mississippi River Response Department at telephone (314)
269-2721, email [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
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 using the NPRM process. The Coast Guard received
notice that bridge span movement operations would take place on
November 22, 2011. This short notice did not allow for the time needed
to publish a NPRM and provide for a comment period. The Coast Guard
determined that a safety zone is necessary to protect vessels and
mariners from the hazards associated with transporting the bridge
spans. Delaying this rule and the necessary protections by publishing a
NPRM would be impracticable and would unnecessarily delay the bridge
span operations. This rule is needed to protect vessels and mariners
from the safety hazards associated with transporting bridge spans in
the vicinity of Mile 389.4 to 403.1 on the Upper Mississippi River.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for
[[Page 77902]]
making this rule effective less than 30 days after publication in the
Federal Register. The Coast Guard received notice that the bridge spans
would be transported and impact navigation on November 22, 2011. This
short notice did not allow for a 30 day notice period. The Coast Guard
determined that a safety zone is necessary to protect vessels and
mariners from the hazards associated with transporting the bridge
spans. Delaying the rule's effective date would be impracticable
because immediate action is needed to protect vessels and mariners from
the safety hazards associated with transporting bridge spans in the
vicinity of Mile 389.4 to 403.1 on the Upper Mississippi River.
Basis and Purpose
On November 22, 2011, Ames Construction will be transporting bridge
spans between Mile 389.4 to 403.1 on the Upper Mississippi River
located on the Iowa and Illinois border. This event presents safety
hazards to the navigation of vessels between Mile 389.4 to 403.1,
extending the entire width of the river.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for all
waters of the Upper Mississippi River, Mile 389.4 to 403.1, extending
the entire width of the river and located on the Iowa and Illinois
border. Entry into this zone is prohibited to all vessels and persons
except participants and those persons and vessels specifically
authorized by the Captain of the Port Upper Mississippi River. This
rule is effective from 7 a.m. on November 22, 2011 through 7 p.m. CST
on December 21, 2011. The currently scheduled date for bridge span
operations and enforcement of this rule is November 22, 2011. Dates of
bridge span operations may change within the November 22, 2011 through
December 21, 2011 effective period for this rule. The Captain of the
Port Upper Mississippi River will inform the public through broadcast
notice to mariners of all safety zone requirements, changes, and
enforcement periods.
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 those Orders.
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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit the Upper Mississippi River on the Iowa and Illinois border
between Mile 389.4 to 403.1, from 7 a.m. on November 22, 2011 through 7
p.m. CST on December 21, 2011. This safety zone will not have a
significant economic impact on a substantial number of small entities
because this rule will only be in effect for a limited period of time.
If you are a small business entity and are significantly affected
by this regulation, please contact Chief Petty Officer Ryan
Christensen, Sector Upper Mississippi River at (314) 269-2721.
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 businesses. 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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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
[[Page 77903]]
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 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 Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction. This rule
establishes a temporary safety zone.
An environmental analysis checklist and a categorical exclusion
determination are required for this rule, and will be provided as
indicated in the ADDRESSES Section.
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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T08-1087 is added to read as follows:
Sec. 165.T08-1087 Safety Zone; Upper Mississippi River, Mile 389.4 to
403.1.
(a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River, Mile 389.4 to 403.1, extending the entire
width of the waterway and located on the Iowa and Illinois border.
(b) Effective date. This rule is effective from 7 a.m. on November
22, 2011 through 7 p.m. CST on December 21, 2011.
(c) Periods of Enforcement. This rule will be enforced during
bridge span operations scheduled for 7 a.m. through 12:00 noon CST on
November 22, 2011. Additional bridge span operations occur within the
period from November 22, 2011 through December 21, 2011. The Captain of
the Port Upper Mississippi River will inform the public of the
enforcement periods, planned dates of bridge span operations and any
safety zone changes through broadcast notice to mariners.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Upper Mississippi River or a
designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Upper
Mississippi River or a designated representative. The Captain of the
Port Upper Mississippi River representative may be contacted at (314)
269-2332.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Upper Mississippi River or their designated
representative. Designated Captain of the Port representatives include
United States Coast Guard commissioned, warrant, and petty officers.
Dated: November 22, 2011.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2011-32137 Filed 12-14-11; 8:45 am]
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