[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Rules and Regulations]
[Pages 71020-71022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28270]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0878]
RIN 1625-AA00


Safety Zone; Upper Mississippi River Between Mile 44 and 46; 
Thebes, IL

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, extending the entire width 
from mile 44 and 46. This safety zone is needed to protect persons, 
property, and infrastructure from potential damage and safety hazards 
associated with the removal of two 16 inch Enterprise pipelines in the 
navigation channel. 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 December 1, 
2014 until January 31, 2015. For the purposes of enforcement, actual 
notice will be used from November 1, 2014, until December 1, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0878]. 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 MSU Paducah, 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 Procedures 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule as it would be impracticable and 
contrary to the public interest. On 23 September 2014, the Coast Guard 
received information about the scope and extent of a project, beginning 
02 October 2014, involving the removal of two 16 inch Enterprise 
pipelines located at MM 45, Upper Mississippi River, Thebes, IL. 
Removal operations are anticipated to be approximately 4 hours per day 
until completion. The Coast Guard determined that immediate action is 
necessary to establish a safety zone to protect life and property from 
the hazards associated with and resulting from the pipeline removal. 
The Coast Guard was not advised of the scope and extent of this 
potentially hazardous condition in sufficient time to publish a NPRM.
    This safety zone may include closures and/or navigation 
restrictions and requirements that are vital to maintaining safe 
navigation on the Upper Mississippi River during the Enterprise 
pipeline removal. Therefore, delaying the effective date for this 
emergency safety zone to complete the NPRM process would be contrary to 
the public interest as it would delay the safety measures vital to safe 
navigation. Broadcast Notices to Mariners (BNM) and information sharing 
with the waterway users will update mariners of the restrictions, 
requirements, and

[[Page 71021]]

enforcement times during this emergency situation.
    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 with the Enterprise pipeline removal.

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; Pub. L. 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 life and property 
from the hazards associated with the removal of two 16 inch pipelines 
at mile 45 Upper Mississippi River. The removal of the pipelines poses 
a hazard to vessel traffic while they are being removed. For this 
reason, the Coast Guard is prohibiting entry from mile 44 to 46 Upper 
Mississippi River by all vessels during the enforcement period 
announced by BNM unless authorized by the COTP Ohio Valley or a 
designated representative.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary safety zone for all 
vessel traffic on the Upper Mississippi River from mile 44 to mile 46, 
extending the entire width of the river. Entry into and through this 
zone is prohibited to all vessels and persons unless specifically 
authorized by the COTP Sector Ohio Valley or designated representative. 
This rule is effective from November 1, 2014 to January 31, 2015 or 
until pipeline removal is completed, whichever occurs first. 
Enforcement times and specific restrictions will be announced via BNM. 
The company completing this project states during the effective time of 
this safety zone, they anticipate the need to close the river for 
approximately 4 hours on one single occasion. 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 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 Upper 
Mississippi River, extending the entire width from mile 44 to mile 46. 
Notifications of enforcement times will be communicated to the marine 
community via BNM and through Local Notice to Mariners (LNM). The 
impacts on routine navigation are expected to be minimal as the 
restrictions will be enforced only as necessary while the pipelines are 
being removed at mile 45 Upper Mississippi River. The company 
completing this project states during the effective time of this safety 
zone, they anticipate the need to close the river for approximately 4 
hours on one single occasions. After this removal is 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 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, from mile 44 to mile 46 from November 1, 
2014 to January 31, 2015. 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 removal of the pipeline is being completed. 
Enforcement times and specific restrictions will be announced via BNM, 
LNM, or through other public notice. The company completing this 
project states during the effective time of this safety zone, they 
anticipate the need to close the river for approximately 4 hours on one 
single occasion. When this work 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 (Public Law 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

[[Page 71022]]

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. The safety zone is 
implemented to protect persons and property due to removal of two 16 
inch pipelines at mile 45 Upper Mississippi 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. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from 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. 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.

0
2. A new temporary Sec.  165.T08-0878 is added to read as follows:


Sec.  165.T08-0878  Safety Zone; Upper Mississippi River MM 44 to 46, 
Thebes, IL.

    (a) Location. The following area is a safety zone: all waters of 
the Upper Mississippi River from mile 44 to 46, Thebes, IL., extending 
the entire width of the Upper Mississippi River.
    (b) Effective dates. This rule is effective from November 1, 2014 
to January 31, 2015 or until pipeline removal is completed, whichever 
occurs first. Enforcement times and specific restrictions will be 
announced via Broadcast Notice to Mariners (BNM).
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone during the enforcement 
period 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 Captain of the Port Ohio Valley 
or a designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the safety zone as 
well as any changes in the dates and times of enforcement.

    Dated: October 2, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-28270 Filed 11-28-14; 8:45 am]
BILLING CODE 9110-04-P