[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Rules and Regulations]
[Pages 23485-23487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10147]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0260]
RIN 1625-AA00


Safety Zone; Red River

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 Red River in the State of North Dakota, including 
those portions of the river bordered by Richland, Cass, Traill, Grand 
Forks, Walsh, and Pembina Counties, plus those in Minnesota South of a 
line drawn across latitude 46[deg]20'00'' N, extending the entire width 
of the river. This safety zone is needed to protect persons and vessels 
from safety hazards associated with flooding occurring on the Red 
River. Entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Upper Mississippi River or 
a designated representative.

DATES: This rule is effective in the CFR from April 27, 2011 through 
11:59 p.m. on July 15, 2011. This rule is effective with actual notice 
from 12:01 a.m. on April 8, 2011, until 11:59 p.m. on July 15, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0260 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0260 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. 
Documents will also be available for inspection or copying at Coast 
Guard Sector Upper Mississippi River, 1222 Spruce Street, Suite 7.103, 
St. Louis, MO 63103 between 7:30 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email 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 a notice of proposed rulemaking (NPRM) 
with respect to this rule because it would be contrary to public 
interest to publish an NPRM as immediate action is necessary to protect 
the public and property from the dangers associated with flooding 
emergencies. 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. Delaying its effective date would 
be contrary to public interest because immediate action is needed to 
protect vessels and mariners from the safety hazards associated with 
flooding emergencies.

Basis and Purpose

    On April 8, 2011, the Captain of the Port Upper Mississippi River 
deemed navigation on the Red River unsafe due to severe flooding and 
has closed navigation on the Red River bordered by Richland, Cass, 
Traill, Grand Forks, Walsh, and Pembina Counties in North Dakota, 
extending the entire width of the river. To provide for the safety of 
the public, the Coast Guard will temporarily restrict access to this 
section of the Red River while conditions remain dangerous.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for all 
waters of the Red River in the State of North Dakota, including those 
portions of the river bordered by Richland, Cass, Traill, Grand Forks, 
Walsh, and Pembina Counties, plus those in Minnesota South of a line 
drawn across latitude 46[deg]20'00'' N, extending the entire width of 
the river. Entry into this zone is prohibited to all vessels and 
persons except those persons and vessels specifically authorized by the 
Captain of the Port Sector Upper Mississippi River. This rule is 
effective from 12:01 a.m. April 8, 2011 until 11:59 p.m. July 15, 2011. 
This temporary safety zone will be enforced while conditions remain 
dangerous. The Captain of the Port Sector Upper Mississippi River will 
inform the public through broadcast notice to mariners of all safety 
zone changes and enforcement periods.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of

[[Page 23486]]

the Department of Homeland Security (DHS).
    This rule will be in effect until canceled and notifications to the 
marine community will be made through broadcast notice to mariners and 
the River Industry Bulletin Board (RIBB) at http://www.ribb.com.

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 all waters of the Red River in the State of North Dakota, 
including those portions of the river bordered by Richland, Cass, 
Traill, Grand Forks, Walsh, and Pembina Counties, plus those in 
Minnesota South of a line drawn across latitude 46[deg]20'00'' N, 
extending the entire width of the river on and after April 8, 2011. 
This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: (1) 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 LCDR Scott Stoermer, Sector Upper 
Mississippi River, 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 offered to assist small 
entities in understanding the rule so they could 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).

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 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, from further 
environmental documentation because this rule is not expected to result 
in any significant adverse environmental impact as described in the 
National Environmental Policy Act of 1969 (NEPA).
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental

[[Page 23487]]

Analysis Check List'' 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.

    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.T09-0260 is added to read as follows:


Sec.  165.T09-0260  Safety Zone; Red River.

    (a) Location. The following area is a safety zone: Waters of the 
Red River in the State of North Dakota, including those portions of the 
river bordered by Richland, Cass, Traill, Grand Forks, Walsh, and 
Pembina Counties, plus those in Minnesota South of a line drawn across 
latitude 46[deg]20'00'' N, extending the entire width of the river.
    (b) Effective date. This rule is effective from 12:01 a.m. April 8, 
2011 until 11:59 p.m. July 15, 2011.
    (c) Periods of Enforcement. This rule will be enforced from April 
8, 2011 until 11:59 p.m. May 15, 2011 while dangerous flooding 
conditions exist. The Captain of the Port Sector Upper Mississippi 
River will inform the public through broadcast notice to mariners of 
any changes to enforcement periods.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165, Subpart C of this part, entry into this zone is prohibited 
unless authorized by the Captain of the Port Sector Upper Mississippi 
River and Marine Safety Unit Duluth 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 Sector Upper 
Mississippi River or a designated representative. The Captain of the 
Port Sector 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 Sector Upper Mississippi River or their 
designated representative. Designated Captain of the Port 
representatives include United States Coast Guard commissioned, 
warrant, and petty officers of the U.S. Coast Guard.

    Dated: April 8, 2011.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2011-10147 Filed 4-26-11; 8:45 am]
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