[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Rules and Regulations]
[Pages 67216-67220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27587]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2010-0693]
RIN 1625-AA11


Regulated Navigation Area; Greenville Bridge Demolition, Lower 
Mississippi River Mile 531.3, AR, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule.

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SUMMARY: The Coast Guard is establishing a regulated navigation area 
(RNA) for all waters of the Lower Mississippi River beginning at mile 
528 and ending at mile 535 extending the entire width of the waterway 
in Arkansas and Mississippi. Vessels will not be permitted to be in 
this area at certain times during the demolition of the Greenville 
Bridge, Lower Mississippi River Mile 531.3. Additionally, vessels will 
not be allowed to meet or pass in the RNA and must proceed at a minimum 
safe speed. This RNA is needed to protect personnel and vessels from 
the potential safety hazards during the demolition of the Greenville 
Bridge, Lower Mississippi River Mile 531.3.

DATES: This rule is effective in the CFR from November 2, 2010 through 
November 1, 2012. This rule is enforceable with actual notice for the 
purposes of enforcement from October 22, 2010 through November 1, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0693 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: 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.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section below for instructions on submitting comments.
    Documents indicated in this preamble as being available in the 
docket are part of docket USCG-2010-0693 and are available online by 
going to http://www.regulations.gov, inserting USCG-2010-0693 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 on this 
temporary

[[Page 67217]]

rule, call or e-mail Chief Warrant Officer David Bear, Sector Lower 
Mississippi River Waterways Management Branch, Coast Guard; telephone 
866-777-2784, e-mail: [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation

    You are welcome 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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0693), 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 (via 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 via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand delivery, 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 e-mail 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2010-0693'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit 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 this rule 
based on your comments.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-XXXX-XXXX'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

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).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Regulatory Information

    The Coast Guard is issuing this temporary interim 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 because it would 
be impracticable and contrary to the public interest due to the amount 
of notification received by the Coast Guard and the contractually 
imposed demolition timeline. The new Greenville Bridge was completed 
and opened to traffic July 28, 2010 about a year behind schedule. The 
Coast Guard received notice of the demolition plan and required 
timeline for the old bridge in late July 2010 and promptly completed 
its required review and approval of the plan by mid August 2010, 
leaving insufficient time to complete the NPRM process before the 
initial demolition start date. Delaying or rescheduling the demolition 
is impracticable because the Mississippi Department of Transportation 
contract requires complete removal by early June 2011 and the delayed 
new bridge completion has already caused demolition delays. Therefore, 
sufficient time to publish a NPRM is not available and immediate action 
is needed to protect the personnel, vessels and mariners associated 
with and/or present during the demolition process.
    Under 5 U.S.C. 553(d)(3), based on the contractually imposed 
timeline and the notification received by the Coast Guard good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The demolition timeline presented 
to the USCG requires immediate action and a delayed effective date 
would be contrary to the public interest. Delaying or rescheduling the 
demolition to provide 30 days notice also is impracticable because the 
Mississippi Department of Transportation contract requires complete 
removal by early June 2011 and the delayed new bridge completion has 
already caused demolition delays. By making the rule effective 
immediately upon publication and enforceable with actual notice upon 
signature the required demolition of the old bridge structure can 
continue under the applicable contract and the personnel, vessels, and 
mariners associated with and/or present during demolition will be 
protected. We will accept public comments on this temporary interim 
rule and, if they indicate a need for modification of the rule, we will 
take further regulatory action.

Background and Purpose

    The legal basis for this rulemaking is the Coast Guard's authority 
to establish regulated navigation areas, under 33 U.S.C. 1226, 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; Public Law 107-295, 116 Stat. 2064; and 
Department of Homeland Security Delegation No. 0170.1. A RNA is a water 
area within a defined boundary for which regulations for vessels 
navigating within the area have been established, to control vessel 
traffic in a place determined to have hazardous conditions. 33 CFR 
165.10; U.S.C.G.

[[Page 67218]]

Commandant Instruction Manual M16704.3A, 1-6.
    The purpose of this rule is to establish a RNA for all waters of 
the Lower Mississippi River beginning at mile 528 and ending at mile 
535 extending the entire width of the waterway, to protect personnel 
and vessels, both transiting the waterway and conducting the work, from 
the potential safety hazards involved in the demolition of the 
Greenville Bridge, Lower Mississippi River Mile 531.3. Vessels will not 
be permitted to be in this area during certain phases of the demolition 
of the Greenville Bridge, Lower Mississippi River Mile 531.3. Due to 
the demolition, the waterway will have to be closed or partially 
restricted to traffic at certain times depending on how the demolition 
is proceeding.
    The RNA will allow for the safe and orderly movements in and 
through the demolition area.

Discussion of Rule

    During enforcement periods under this rule, all vessels are 
required to transit the RNA at the minimum safe speed and may be 
prohibited from transiting all waters of the Lower Mississippi River 
beginning at mile 528 and ending at mile 535 extending the entire width 
of the waterway. Enforcement periods include, but are not limited to:
    (1) Any time structural parts of the bridge are being removed, 
dismantled or demolished, where a reasonable risk to passing vessels or 
personnel exists.
    (2) Any time passing vessels pose a danger to the personnel and 
vessels conducting the demolition work.
    (3) During the setting and use of explosives to demolish the bridge 
support piers.
    (4) During the lowering of the middle 420 feet of main span to 
barges for transport to the Arkansas shore for dismantling. This will 
take approximately 24 hours and is currently scheduled for mid-November 
depending on how preparation work progresses.
    Minimum safe speed will be required of all vessels transiting the 
area when lifting, positioning or surveying work is being conducted.
    All vessels transiting the area must:
    (1) Announce their intentions of entering the RNA;
    (2) Avoid meeting or passing another vessel in the RNA;
    (3) Not anchor, stop, remain or drift without power at anytime in 
the RNA; and
    (4) Continually monitor VHF-FM channel 13 on their radio-telephone 
while operating in, near or approaching the RNA.
    The RNA will remain in effect through November 1, 2012. Currently 
there is only one scheduled closure of the water way for a 24 hour 
period during the removal of the main span. And, for any closure that 
will last longer than 4 hours notice will be given a minimum of 7 days 
before the scheduled closure, unless an emergent situation exists. All 
other closures should be less than 2 hours, and only when necessary. 
Notice for closure lasting over 2 hours but less than 4 hours will be 
given at least 72 hours before the closure.

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, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. This rule is temporary and limited in 
nature regulating only during the actual demolition of the Greenville 
Bridge, Lower Mississippi River, Mile 531.3, creating no undue delay to 
vessel traffic in the area.

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 which may 
be small entities: owners or operators or vessels intending to transit 
the Lower Mississippi River from mile 528 to mile 535 during the 
demolition periods. This rule will not have a significant economic 
impact on those entities or a substantial number of any small entities 
for the following reasons. This rule will only be in effect through 
November 1, 2012. The Coast Guard will issue maritime advisories widely 
available to the users of the river at least 72 hours before to the 
closure of the waterway for any extended period (2 hours or more). 
Vessels will be able to transit the waterway during the vast majority 
of the demolition period.

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 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.

[[Page 67219]]

Taking of Private Property

    This rule will not effect 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 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 which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(32)(a), of the Instruction. This rule involves the final stages of a 
bridge replacement on essentially the same alignment or location. The 
new structure has been completed and opened to the public. This RNA is 
being established to help facilitate the safe removal of the old 
structure. Under figure 2-1, paragraph (32)(a), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T10-0693 is added to read as follows:


Sec.  165.T10-0693  Regulated Navigation Area; Greenville Bridge 
Demolition, Lower Mississippi River, Mile 531.3.

    (a) Regulated Navigation Area. The following is a regulated 
navigation area (RNA): All waters of the Lower Mississippi River 
beginning at mile 528 and ending at mile 535 extending the entire width 
of the waterway.
    (b) Applicability. This section applies to all vessels and craft 
operating on the waters of the Mississippi in or near the RNA or 
approaching the RNA with intentions of transiting the RNA.
    (c) Effective Dates. This rule is effective in the CFR from 
November 2, 2010 through November 1, 2012. This rule is effective with 
actual notice for purposes of enforcement from October 22, 2010 through 
November 1, 2012.
    (d) Definitions. As used in this section:
    COTP means Captain of the Port, Lower Mississippi River;
    Closure means any time this RNA is enforced and normal traffic is 
halted from proceeding in or through the RNA due to operations that 
could pose potential safety hazards involved in the demolition of the 
Greenville Bridge;
    Demolition means the removal, staging or preparation thereof, of 
any part of the old Greenville Bridge, Lower Mississippi River, Mile 
531.3;
    Designated representative includes any commissioned, warrant, or 
petty officer of the U.S. Coast Guard designated by the COTP Lower 
Mississippi to authorize entry into the RNA;
    Downbound means the vessel is traveling with the current;
    Site representative means the person so designated by the 
demolition contractor (Granite Construction Company) or the bridge 
owner (Mississippi Department of Transportation) whose responsibility 
it is to inform vessels in the vicinity of the demolition work of any 
possible hazards or encroachments to the waterway;
    Upbound means the vessel is traveling against the current; and
    Vessel or craft means any waterborne manmade object designed to 
convey people or goods.
    (e) Regulations. During closure, in accordance with the general 
regulations in Sec.  165.23 of this part:
    (1) Entry into this zone by vessels or mariners is prohibited 
unless authorized by the COTP Lower Mississippi River or a designated 
representative. They may be contacted on VHF-FM channel 16 or by 
telephone at (866) 777-2784;
    (2) All persons and vessels shall comply with the instructions of 
the COTP Lower Mississippi River and designated representatives;
    (3) Minimum safe speed will be required of all vessels transiting 
the RNA;
    (4) Vessels shall not meet or pass in the RNA;

[[Page 67220]]

    (5) No vessel shall anchor, stop, remain or drift without power at 
any time in the RNA;
    (6) All vessels shall continually monitor VHF-FM channel 13 on 
their radio-telephone while operating in, near, or approaching the RNA;
    (7) Before entering the RNA, downbound vessels shall make a 
broadcast in the blind on VHF-FM channel 13 announcing their estimated 
time of arrival at the upriver start of the RNA at mile 535 to ensure 
that there are no upbound vessels within the RNA and in sufficient time 
that:
    (i) If there are vessels in the RNA the downbound vessel shall 
adjust its speed so as to avoid a meeting situation in the RNA.
    (ii) If the RNA is temporarily closed to vessel traffic the 
downbound vessel can take all way off and hold station or push in 
upriver of mile 535.
    (iii) The site representative can pass any pertinent information 
that would aid the vessel in the safe transit of the demolition site. 
If the Commander, Eighth Coast Guard District determines that hazardous 
conditions exist, a towboat (tug) shall be provided by the contractor 
or bridge owner to assist vessels through the bridge on demand; and
    (8) Before entering the RNA, upbound vessels shall make a broadcast 
in the blind on VHF-FM channel 13 announcing their estimated time of 
arrival at the downriver start of the RNA at mile 528 to ensure that 
there are no downbound vessels within the RNA and in sufficient time 
that:
    (i) If there are vessels in the RNA the upbound vessel shall adjust 
its speed so as to avoid a meeting situation in the RNA.
    (ii) If the RNA is temporarily closed to vessel traffic the upbound 
vessel can take all way off and hold station or push in downriver of 
mile 528.
    (iii) The site representative can pass any pertinent information 
that would aid the vessel in the safe transit of the demolition site. 
If the Commander, Eighth Coast Guard District determines that hazardous 
conditions exist, a towboat (tug) shall be provided by the contractor 
or bridge owner to assist vessels through the bridge on demand.
    (f) Informational Broadcasts. The Captain of the Port, Lower 
Mississippi River will inform the public as soon as practical when 
closures are expected via Broadcast Notice to Mariners. Notice for any 
closure that will last longer than 4 hours will be given a minimum of 7 
days before the scheduled closure, unless an emergent situation exists. 
Notice for any closure that will last longer than 2 hours but less than 
4 hours will be given at least 72 hours before the closure. Broadcast 
Notice to Mariners will be broadcast every two hours while the RNA is 
closed to traffic. Additionally, a schedule of known closures will be 
published in the Eighth District Local Notice to Mariners and at http://homeport.uscg.mil. Select ``LOWER MISSISSIPPI RIVER (MEMPHIS)'' under 
the Port Directory tab. The schedule will appear under the Notice to 
Mariners subcategory.

    Dated: October 22, 2010.
Peter Troedsson,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard 
District.
[FR Doc. 2010-27587 Filed 11-1-10; 8:45 am]
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