[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Rules and Regulations]
[Pages 76513-76515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26529]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0992]
RIN 1625-AA00


Safety Zone; Arkansas River, Little Rock, AR

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 Arkansas River beginning at mile marker 118.6 and 
ending at mile marker 119.6. The safety zone is necessary to protect 
persons, property, and infrastructure from potential damage and safety 
hazards associated with the demolition of the Broadway Bridge. This 
rulemaking prohibits persons and vessels from entering the safety zone 
area during certain operations unless authorized by the Captain of the 
Port Memphis or a designated representative.

DATES: This rule is effective without actual notice from November 3, 
2016 until 10 p.m. on December 1, 2016. For the purposes of 
enforcement, actual notice will be used from 10 p.m. on October 28, 
2016 until November 3, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0992 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 Todd Manow, Sector Lower Mississippi River 
Prevention Department, U.S. Coast Guard; telephone 901-521-4813, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    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. The Coast Guard had previously established a

[[Page 76514]]

safety zone for this bridge demolition, [Docket Number USCG-2016-0885], 
and enforced it from October 1, 2016 until November 1, 2016. The Coast 
Guard was recently made aware by the contractor that demolition 
activities would not be completed in the original timeline. Immediate 
action is needed to respond to potential safety hazards related to a 
bridge demolition on or over this navigable waterway. It is 
impracticable and contrary to the public interest to publish an NPRM 
because we must establish this safety zone by November 1, 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 respond to the potential safety hazards 
associated with demolition of the Broadway Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with a 
bridge demolition starting November 1, 2016 will be a safety concern 
for anyone desiring to transit this section of the Arkansas River. This 
rule is needed to protect personnel, vessels, and infrastructure in the 
navigable waters within the safety zone while bridge demolition is 
occurring.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. on November 1, 
2016 through 10 p.m. on December 1, 2016. The safety zone will cover 
all navigable waters within one half mile on either side of the 
Broadway Bridge, beginning at mile marker 118.6 and ending at mile 
marker 119.6. Vessels will be prohibited from entering the safety zone 
from 30 minutes prior to, until 30 minutes after, any blasting or 
large-scale removal operation that takes place on the Broadway Bridge; 
designated representatives will be on-scene to stop or reroute traffic 
during these evolutions. No vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative. During the entire effective period of this 
safety zone, regardless of operations, all vessel traffic will be 
required to maintain slowest speeds for safe navigation; marker buoys 
will be placed informing waterway users of a no-wake zone. This safety 
zone is intended to protect personnel, vessels, and infrastructure in 
these navigable waters while the bridge is being demolished.

V. 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 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 and 
location of the safety zone, a one-mile section of the Arkansas River 
in the vicinity of Little Rock, AR. Although in effect from November 1, 
2016 until December 1, 2016, traffic will only be excluded from this 
safety zone from 30 minutes before until 30 minutes after any blasting 
or large-scale removal operation that takes place on the Broadway 
Bridge. During periods of non-exclusion, vessel traffic will be allowed 
to transit at slowest speeds for safe navigation through this safety 
zone. Moreover, the Coast Guard will issue Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the zone and the rule allows vessels 
to seek permission to enter the zone.

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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will 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

[[Page 76515]]

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 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 a month-long safety zone limiting vessel speed and 
intermittently prohibiting entry into a one-mile area of the Arkansas 
River adjacent to the Broadway Bridge during demolition operations. 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 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. A new temporary Sec.  [thinsp]165.35T08-0992 is added to read as 
follows:


Sec.  [thinsp]165.35T08-0992  Safety Zone; Arkansas River; Little Rock, 
AR.

    (a) Location. All waters of the Arkansas River beginning at mile 
marker 118.6 and ending at mile marker 119.6 in the vicinity of Little 
Rock, AR.
    (b) Periods of enforcement. This temporary safety zone will be 
enforced 30 minutes before until 30 minutes after any blasting or 
large-scale removal operation that takes place on the Broadway Bridge 
from 10 p.m. on October 28, 2016 through 10 p.m. on December 1, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  [thinsp]165.23 of this part, entry into this area during blasting 
or large-scale removal operations is prohibited unless authorized by 
the COTP or a designated representative. All persons and vessels 
permitted to deviate from the safety zone requirements, as well as 
enter the restricted area must transit at the slowest safe speed and 
comply with all lawful directions issued by the COTP or a designated 
representative.
    (2) Buoys marked ``No-Wake'' will be placed along the navigation 
channel while this safety zone is in effect.
    (3) Persons or vessels requiring entry into or passage through this 
safety zone during prohibited entry periods must request permission 
from the COTP or a designated representative. They may be contacted on 
VHF Channel 16 or at 1-866-777-2784.
    (4) A ``designated representative'' of the COTP is any Coast Guard 
commissioned, warrant, or petty officer, or a Federal, State, or local 
law enforcement officer designated by the COTP to act on his behalf.
    (d) Informational broadcasts. The COTP Memphis 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 28, 2016.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2016-26529 Filed 11-2-16; 8:45 am]
 BILLING CODE 9110-04-P