[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Proposed Rules]
[Pages 7394-7397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02319]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-1019]
RIN 1625-AA00
Safety Zone; Memphis Port Area Multiagency Mass Rescue Operations
and Medical Surge Full-Scale Exercise, Lower Mississippi River, Mile
Marker, (MM) 745.0 to (MM) 736.0, Memphis, TN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary Safety
Zone for all waters of the Lower Mississippi River, from MM 745.0 to MM
736.0. This safety zone is needed to protect persons and vessels from
the potential safety hazards associated with a full-scale multiagency
mass rescue exercise. Entry into this zone is prohibited to all
vessels, mariners, and persons unless specifically authorized by the
Captain of the Port (COTP), Lower Mississippi River or a designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before February 25, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Tyrone Conner, Sector Lower Mississippi River
Waterways Management Division, U.S. Coast Guard; telephone (901) 521-
4725, 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:
[[Page 7395]]
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
MM mile marker
NPRM Notice of Proposed Rulemaking
SAR Search and Rescue
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2014-1019] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-1019) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before February 20, 2015, using one of the
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial.
B. Regulatory History and Information
The Coast Guard has a long history working with local, state, and
federal agencies in areas to improve emergency response, to prepare for
events that call for swift action, and to protect our nation. The Coast
Guard is proposing to establish this safety zone on the waters of the
Lower Mississippi River in Memphis, Tennessee for the Memphis Port Area
Multiagency Mass Rescue Operations and Medical Surge Full-Scale
Exercise. The full-scale exercise is scheduled to take place from 9:00
a.m. to 12:00 p.m. on April 22, 2015 and afford an opportunity for U.S.
Coast Guard Sector Lower Mississippi River, City of Memphis Office of
Emergency Management, Memphis Fire Department, Memphis Police
Department, Shelby County Sheriff's Office, Shelby County Office of
Preparedness, Shelby County Health Department, DeSoto County Sherriff
Office SAR Unit, Tipton County Emergency Management Agency, West
Memphis Fire Department, Tennessee Wildlife Resources Agency, Tennessee
Emergency Management Agency, Fullen Dock and Warehouse, Lucy Woodstock
Marine Terminal, and Wepfer Marine to coordinate, communicate, and
practice emergency response techniques for the safety of all Lower
Mississippi River. This proposed rule is necessary to protect the
safety of the participants, spectators, commercial traffic, and the
general public on the navigable waters of the United States during the
exercise.
C. 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; Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The purpose of this proposed safety
zone is to protect public boaters and their vessels from potential
safety hazards associated with the full-scale exercise on the Lower
Mississippi River, Memphis, Tennessee.
D. Discussion of Proposed Rule
This proposed rule is necessary to establish a Safety Zone that
will encompass certain waters of the Lower Mississippi River in
Memphis, Tennessee. The proposed Safety Zone regulations will be
enforced from approximately 9:00 a.m. to 12:00 p.m. for approximately 3
hours on April 22, 2015. The proposed Safety Zone will establish from
Mile Marker (MM) 745.0 to (MM) 736.0, where all persons and vessels,
except those persons and vessels participating in the full-scale
exercise and those vessels enforcing the areas, are prohibited from
entering, transiting through, anchoring in, or remaining within.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the enforcement areas by
contacting the Captain of the Port Lower Mississippi River by telephone
at (866) 777-2784, or a designated representative via VHF radio on
channel 16. If authorization to enter, transit through, anchor in, or
remain within the enforcement areas is granted by the Captain of the
Port Lower Mississippi River or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Lower Mississippi River or a
designated representative.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
[[Page 7396]]
1. Regulatory Planning and Review
This proposed 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. The temporary safety
zone listed in this proposed rule will only restrict vessel traffic
from entering, transiting, or anchoring within a small portion of the
Lower Mississippi River. The effect of this regulation will not be
significant for several reasons: (1) This rule will only affect vessel
traffic for a short duration; (2) vessels may request permission from
the COTP to deviate from the restriction and transit through the safety
zone; and (3) the impacts on routine navigation are expected to be
minimal because notifications to the marine community will be made
through local notice to mariners (LNM) and broadcast notice to mariners
(BNM). Therefore, these notifications will allow the public to plan
operations around the safety zone and its enforcement times.
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 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
proposed 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 Lower Mississippi River from MM 745.0 to MM 736.0 effective from
9:00 a.m. to 12:00 p.m. on April 22, 2015. 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 during scheduled
full-scale multiagency mass rescue exercise time for approximately 3
hours on the day the event is occurring. Traffic in this area is
limited to almost entirely recreational vessels and commercial towing
vessels. Notifications to the marine community will be made through
BNMs and electronic mail. Notices of changes to the safety zone and
scheduled effective times and enforcement periods will also be made.
Deviation from the restrictions may be requested from the COTP or
designated representative and will be considered on a case-by-case
basis.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did
[[Page 7397]]
not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule
involves establishing a temporary safety zone in the Lower Mississippi
River, (MM) 745.0 to (MM) 736.0. This action is necessary to protect
persons and property during the full-scale exercise. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. A new temporary Sec. 165.T08-1019 is added to read as follows:
Sec. 165.T08-1019 Safety Zone; Memphis Port Area Multiagency Mass
Rescue Operations and Medical Surge Full-Scale Exercise, Lower
Mississippi River, Mile Marker, (MM) 745.0 to (MM) 736.0, Memphis, TN.
(a) Location. The following area will be under a temporary safety
zone: Waters of the Lower Mississippi River, from MM 745.0 to MM 736.0.
(b) Effective date and times. This safety zone will be effective
from 9:00 a.m. to 12:00 p.m. on April 22, 2015.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port (COTP) Lower Mississippi River or
a designated representative.
(2) Spectator vessels may safely transit outside the safety zone at
a minimum safe speed, but may not anchor, block, loiter, or impede
participants or official patrol vessels.
(3) Vessels requiring entry into or passage through the safety zone
must request permission from the COTP Lower Mississippi River or a
designated representative. They may be contacted on VHF-FM channels 16
or by telephone at (901) 521-4822.
(4) All vessels shall comply with the instructions of the COTP
Lower Mississippi River and designated personnel. Designated personnel
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
(d) Informational Broadcasts: The Captain of the Port, Lower
Mississippi River 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, enforcement
times, or size of the safety zone.
Dated: January 16, 2015.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi
River.
[FR Doc. 2015-02319 Filed 2-9-15; 8:45 am]
BILLING CODE 9110-04-P