[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Rules and Regulations]
[Pages 59648-59650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23653]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0831]
RIN 1625-AA00


Safety Zone, Tennessee River Between 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 a temporary safety zone for 
all waters of the Tennessee River between mile 4.8 and 5.8. This safety 
zone is needed to protect persons, property, and infrastructure from 
potential damage and safety hazards associated with using explosives to 
demolish the section of the bridge that is over the navigation channel 
and the resulting recovery of the section from the waterway. Entry into 
the safety 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 October 3, 
2014 until October 31, 2014. For the purposes of enforcement, actual 
notice will be used from September 16, 2014, until October 3, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0831]. 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 Chief Heather Norman, 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

APA Administrative Procedure Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
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 September 16, 2014 demolition will begin on the George Rogers 
Clark Memorial Bridge at mile 5.3 Tennessee River, creating a hazardous 
condition. 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 demolition and recovery of 
bridge debris is completed, the safety zone will be canceled. 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 demolition 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 emergency rule effective 
less than 30 days after publication in the Federal Register. Providing 
30 days notice would be contrary to public interest because immediate 
action is needed to protect life and property from the hazards 
associated safety concerns of the George Rogers Clark Memorial Bridge 
demolition 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 safety 
zones.
    The purpose of this safety zone is to protect persons and vessels 
from the bridge demolition operations, which pose a significant safety 
hazard at mile 5.3 Tennessee River. 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.

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 
September 16, 2014 through October 31, 2014, or until all demolition 
debris has been removed from the waterway and deemed to no longer pose 
a threat to the public. At that time the safety zone will be canceled. 
Any exceptions to these operational restrictions must be

[[Page 59649]]

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 a number of these statutes or 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 for vessels 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 demolition 
and debris recovery operations of the George Rogers Clark Memorial 
Bridge, mile 5.3 Tennessee River, are conducted. After demolition and 
debris recovery operations are complete, the safety zone will be 
canceled. 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. 
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 September 16, 2014 
through October 31, 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 the demolition and debris removal of the George 
Rogers Clark Memorial Bridge is being conducted. When this is 
completed, the safety zone will be canceled. 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

[[Page 59650]]

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 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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1


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2. A new temporary Sec.  165.T08-0831 is added to read as follows:


Sec.  165.T08-0831  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 safety zone is effective and enforceable 
with actual notice on September 16, 2014 through October 31, 2014 or 
until the demolition and debris removal of the George Rogers Clark 
Memorial Bridge is completed and no longer poses a threat to the 
public. At that time the safety zone will be canceled.
    (c) 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 (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: September 16, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-23653 Filed 10-2-14; 8:45 am]
BILLING CODE 9110-04-P