[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

[[Page 33698]]

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

[[Page 33699]]

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.T08-0301 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