[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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