[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47291-47293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17333]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0467]
RIN 1625-AA00


Safety Zone; Tennessee River 385.0-387.0; Scottsboro, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for all waters 
of the Tennessee River beginning at mile marker 385.0 and ending at 
mile marker 387.0. This safety zone is necessary to protect persons, 
property, and infrastructure from potential damage and safety hazards 
associated with the demolition of the B.B. Comer Bridge. This 
rulemaking would prohibit persons and vessels from entering the safety 
zone area unless authorized by the Captain of the Port Ohio Valley or a 
designated representative.

DATES: This rule is effective without actual notice from July 21, 2016 
until August 1, 2016. For the purposes of enforcement, actual notice 
will be used from May 31, 2016 until July 21, 2016.

[[Page 47292]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0467 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN, 
at 615-736-5421 or at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 27, 2016, the Contract Drilling and Blasting representative 
submitted a CG-4260 to the Coast Guard for blasting operations that 
would take place from May 31, 2016 to August 1, 2016 during the 
demolition of the B.B. Comer Bridge on the Tennessee River at mile 
marker 386.0. The blasting operations will take place at various times 
and dates determined by environmental factors. The Captain of the Port 
Ohio Valley (COTP) has determined that this safety zone is necessary to 
protect persons, property, and infrastructure before, during, and after 
blasting operations.
    The Coast Guard is issuing this temporary 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 the Coast Guard was informed of this 
project in early May, but full details of blasting operations on or 
over a Navigable Waterway were not provided until May 27, 2016 with a 
start date of May 31, 2016. The notification of blasting requirements 
were made only a few days before the project is scheduled to begin. 
Immediate action is needed to respond to potential safety hazards 
related to blasting operations on or over this navigable waterway. It 
is impracticable to publish an NPRM because we must establish this 
safety zone by May 31, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to establish a safety zone to protect 
persons, property, and infrastructure whenever blasting operations take 
place on the B.B. Comer Bridge from May 31, 2016 until August 1, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Ohio Valley (COTP) has determined the 
need to protect persons, property, and infrastructure during the 
blasting operations taking place on the B.B. Comer Bridge on the 
Tennessee River at mile marker 386.0. This rule is needed to protect 
personnel, vessels, and these navigable waters before, during, and 
after blasting operations take place.

IV. Discussion of the Rule

    The Captain of the Port Ohio Valley is establishing this safety 
zone from May 31, 2016 through August 1, 2016, for all waters of the 
Tennessee River beginning at mile marker 385.0 and ending at mile 
marker 387.0. The periods of enforcement will be 30 minutes prior to, 
during, and 30 minutes after any blasting operation that takes place on 
the B.B. Comer Bridge. The Coast Guard was informed that there would be 
between 9 and 12 blasting operations that will take place during 
daylight hours and will last approximately one hour on each occurrence. 
Safety zone enforcement times will be announced via Broadcast Notice to 
Mariners (BNM), Local Notices to Mariners (LNM), or through other 
public notice and at least 12-24 hour notice will be provided before 
each enforcement period. Any deviation from this rule are prohibited 
unless specifically authorized by the COTP Ohio Valley, or a designated 
representative. Deviations requests will be considered and reviewed on 
a case-by-case basis. The COTP Ohio Valley may be contacted by 
telephone at 1-800-253-7465 or can be reached by VHF-FM channel 16.
    The duration of each safety zone enforcement period is intended to 
protect persons, property, and infrastructure from safety hazards 
associated with blasting operations. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
establishing appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone.
    This safety zone prohibits transit on the Tennessee River from mile 
385.0 to mile 387.0, 30 minutes prior to, during, and 30 minutes after 
blasting operations on the B.B. Comer bridge from May 31, 2016 through 
August 1, 2016. Broadcast Notices to Mariners and Local Notices to 
Mariners will also inform the community of the safety zone enforcement 
periods through BNM, LNM and other forms of public notice so that they 
may plan accordingly for each short enforcement period restricting 
transit. Vessel traffic may request permission from the COTP Ohio 
Valley or a designated representative to enter the restricted area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.

[[Page 47293]]

    While some owners or operators of vessels intending to transit the 
safety zone area may be small entities, for the reasons stated in 
section V.A above this rule would not have a significant economic 
impact on any vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves area safety zone that would prohibit entry to 
unauthorized vessels. It is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. 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.

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 U.S. 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.


0
2. A new temporary Sec.  165.35T08-0467 is added to read as follows:


Sec.  165.35T08-0467  Safety Zone; Tennessee River Mile 385.0 to 387.0 
Scottsboro, AL.

    (a) Location. All waters of the Tennessee River beginning at mile 
marker 385.0 and ending at mile marker 387.0 Scottsboro, AL.
    (b) Effective date. This rule is effective from May 31, 2016 
through August 1, 2016.
    (c) Periods of Enforcement. This rule will be enforced from 30 
minutes prior to and 30 minutes after all blasting operations on the 
B.B. Comer Bridge. The Captain of the Port Ohio Valley or a designated 
representative will inform the public through Broadcast Notice to 
Mariners (BNM), Local Notices to Mariners (LNM), or through other 
public notice and at least 12-24 in advance of each enforcement period.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this area is prohibited unless authorized by the 
Captain of the Port Ohio Valley or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
area must request permission from the Captain of the Port Ohio Valley 
or a designated representative. U.S. Coast Guard Sector Ohio Valley may 
be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.

    Dated: May 31, 2016.
R. V. Timme,
Captain, U. S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-17333 Filed 7-20-16; 8:45 am]
 BILLING CODE 9110-04-P