[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33696-33699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13750]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0301]
RIN 1625-AA00
Safety Zone, Tennessee River Mile 4.8 to 5.8; Ledbetter, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing an emergency temporary safety
zone for all waters of the Tennessee River, extending the entire
[[Page 33697]]
width from mile 4.8 to 5.8. This safety zone is needed to protect
persons, property and infrastructure from the potential damage and
safety hazards associated with structural concerns of the George Rogers
Clark Memorial Bridge, mile 5.3 Tennessee River. Entry into this zone
is prohibited unless specifically authorized by the Captain of the Port
(COTP) Ohio Valley or a designated representative.
DATES: This rule is effective without actual notice from June 12, 2014
until June 30, 2014. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, April 30, 2014, until
June 12, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0301. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Dan McQuate, Marine Safety Unit Paducah
Waterways Management Branch, U.S. Coast Guard; telephone 270-442-1621,
email: [email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
KYTC Kentucky Transportation Cabinet
MSU Marine Safety Unit
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 a notice of proposed rulemaking (NPRM)
with respect to this rule.
On April 30, 2014 the KYTC notified Coast Guard MSU Paducah, KY
that there are structural concerns with the George Rogers Clark
Memorial Bridge at mile 5.3 Tennessee River, creating a hazardous
situation. The visible structural concerns are to the approach spans of
the bridge on the left descending bank, but KYTC is unsure if the
collapse of these spans would negatively impact the channel spans of
the bridge. This situation requires immediate emergency safety measures
to protect persons and property, and a safety zone is in effect to stop
all vessel traffic from transiting from mile 4.8 to mile 5.8 Tennessee
River. Deviation from this rule may be requested from the Captain of
the Port and requests to deviate and transit through this area may be
permitted on a case-by-case basis. Once a structural analysis of the
bridge is completed, the safety zone will be canceled or modified to
allow vessel traffic to transit through spans of the bridge that are
deemed to pose no risk to the public. Delaying this rulemaking to
provide a comment period before implementing the necessary safety zone
would be contrary to the public interest by delaying the immediate
action needed to protect persons, property and infrastructure from the
potential damage and safety hazards associated with the structural
concerns of this bridge.
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. Providing 30 days
notice and delaying its effective date would be contrary to public
interest because immediate action is needed to protect persons,
property and infrastructure from the potential damage and safety
hazards associated with structural concerns of the George Rogers Clark
Memorial Bridge at mile 5.3 Tennessee River.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
The purpose of this safety zone is to protect persons and vessels
from the structurally deficient bridge at mile 5.3 Tennessee River. The
approach spans of the bridge have begun to collapse, and this poses
significant safety hazards to vessels in the area. For this reason, the
Coast Guard is prohibiting entry into this zone by all vessels during
the enforcement period unless authorized by the COTP Ohio Valley or a
designated representative. Upon a structural analysis of this bridge by
KYTC, the Coast Guard may change the exact restrictions for operating
around this bridge.
C. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone on the
Tennessee River from mile 4.8 to 5.8, extending the entire width of the
river. Entry into this zone is prohibited to all vessels and persons
unless specifically authorized by the COTP Sector Ohio Valley or a
designated representative.
This rule is effective and enforceable with actual notice on April
30, 2014 through June 30, 2014, or until a structural analysis of the
bridge can be completed, and deemed to no longer pose a threat to the
public. At that time the safety zone will be canceled or modified to
allow vessel traffic to transit through spans of the bridge that are
deemed to pose no risk to the public. Any exceptions to these
operational restrictions must be authorized by the COTP Ohio Valley or
a designated representative. The COTP or a designated representative
may be contacted by telephone at 502-779-5422.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule establishes a
temporary safety zone on all waters of the Tennessee River, extending
the entire width from mile 4.8 to 5.8. Notifications to the marine
community will be made through Broadcast Notices to Mariners (BNM). The
impacts on routine navigation are expected to be minimal as the
restrictions will be enforced only as necessary while a
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structural analysis of the George Rogers Clark Memorial Bridge, mile
5.3 Tennessee River, is conducted. After this analysis, the safety zone
will be canceled or modified to allow vessel traffic to transit through
spans of the bridge that are deemed to pose no risk to the public.
Additionally, deviation from the safety zone restriction may be
requested from the COTP Ohio Valley or designated representative and
will be considered on a case-by-case basis.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The 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 Tennessee River from mile 4.8 to 5.8 from April 30, 2014 through
June 30, 2014. This safety zone will not have a significant economic
impact on a substantial number of small entities. Traffic in this area
is limited to almost entirely recreational vessels and commercial
towing vessels, and the restrictions will be enforced only as necessary
while a structural analysis of the George Rogers Clark Memorial Bridge
is being completed. When this is completed, the safety zone will be
canceled or modified to allow vessel traffic to transit through spans
of the bridge that are deemed to pose no risk to the public. Deviation
from the safety zone restriction may be requested from the COTP Ohio
Valley or designated representative and will be considered on a case-
by-case basis.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves the creation of a safety zone in response to an
emergency situation. The safety zone is implemented to protect persons
and property due to a structurally deficient bridge at mile 5.3
Tennessee River. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist and a categorical
exclusion determination will be made available as indicated under the
ADDRESSES section.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
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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
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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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
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2. A new temporary Sec. 165.T08-0301 is added to read as follows:
Sec. 165.T08-0301 Safety Zone; Tennessee River MM 4.8 to 5.8,
Ledbetter, KY.
(a) Location. The following area is a safety zone: All waters of
the Tennessee River from mile 4.8 to 5.8, extending the entire width of
the river.
(b) Effective dates. This rule is effective without actual notice
from June 12, 2014 until June 30, 2014. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, April 30, 2014, until June 12, 2014. When a structural analysis
of the George Rogers Clark Memorial Bridge can be completed, and deemed
to no longer pose a threat to the public the safety zone will be
canceled or modified to allow vessel traffic to transit through spans
of the bridge that are deemed to pose no risk to the public.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone during the effective
period is prohibited unless authorized by the COTP Ohio Valley or a
designated representative.
(2) All persons and vessels shall comply with the instructions of
the COTP and designated on-scene patrol personnel. On-scene patrol
personnel include commissioned, warrant, and petty officers of the U.S.
Coast Guard.
(3) Persons or vessels may request deviation from the safety zone
restriction prescribed under paragraph (c)(1) of this section from the
COTP Ohio Valley or a designated representative who may be a
commissioned, warrant, or petty officer of the Coast Guard. The COTP
Ohio Valley may be contacted by telephone at 1-800-253-7465 or on VHF-
FM channel 16.
(d) Informational broadcasts. The COTP, Ohio Valley or a designated
representative will inform the public through broadcast notices to
mariners (BNM) of the effective period for the safety zone and of any
changes in the effective period, size, or restrictions of the safety
zone.
Dated: April 30, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-13750 Filed 6-11-14; 8:45 am]
BILLING CODE 9110-04-P