[Federal Register: April 20, 2009 (Volume 74, Number 74)]
[Rules and Regulations]
[Page 17902-17905]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap09-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0240]
RIN 1625-AAOO
Safety Zone, Red River, MN
AGENCY: Coast Guard, DHS.
[[Page 17903]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard Captain of the Port, Marine Safety Unit
Duluth, MN is establishing a temporary safety zone on the Red River,
MN. This safety zone is being established to ensure, to the extent
practicable, the safety of the public. The safety zone prohibits
individuals from entering all navigable waters of the Red River, in the
State of Minnesota, north of a line drawn across latitude
46[deg]20'00'' N, including those portions of the river in Wilkin,
Clay, Norman, Polk, Marshall and Kittson counties, extending to the
United States-Canada international border.
DATES: This rule is effective from 12 p.m. on March 31, 2009 until 5
p.m. on April 24, 2009. If the river conditions change such that
enforcement of the Safety Zone is unnecessary prior to 5 p.m. on April
24, 2009, the COTP will notify the public via a Broadcast Notice to
Mariners.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0240 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the Coast Guard Marine Safety Unit Duluth, MN, 600 S. Lake Avenue,
Duluth, MN, 55802 between 7:30 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call LT Aaron Gross, Chief of Port Operations, Marine
Safety Unit Duluth, 600 S. Lake Avenue, Duluth, MN 55802; (218) 720-
5286 Ext. 111. If you have questions on viewing the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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 because doing so would be contrary to the
emergency nature for which this safety zone is being established.
Specifically, inclement weather has caused the Red River to flood, and
in an effort to protect the public, to the extent practicable, from the
dangers of the flood it is necessary to publish this temporary rule
without notice and comment.
For that same reason, 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.
Background and Purpose
This temporary safety zone is necessary to ensure, to the extent
practicable, the safety of the public from hazards involved with the
flooding of the Red River. Restricted access to the Red River by the
public will help protect persons and property from the dangers
associated with the flooding along the Red River.
Discussion of Rule
A temporary safety zone is necessary to ensure, to the extent
practicable, the safety of and property from the hazards presented from
the flooding of the Red River. The safety zone will be in effect from
March 31, 2009 until 5 p.m. on April 24, 2009.
The safety zone will encompass all navigable waters of the Red
River in the State of Minnesota north of a line drawn across latitude
46[deg]20'00'' N, including those portions of the river in Wilkin,
Clay, Norman, Polk, Marshall and Kittson counties, extending to the
United States-Canada international border.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Duluth
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect only until the Red River is deemed safe to
transit. Further, vessel operators desiring to enter or operate within
the safety zone may contact the Captain of the Port Duluth or his on-
scene representative to seek permission to do so.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
[[Page 17904]]
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 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
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This temporary rule establishes a safety
zone therefore paragraph (34)(g) of the Instruction applies.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. 3306, 3703 and
Chapter 701; 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. Add temporary Sec. 165.T09-0240 to read as follows:
Sec. 165.T09-0240 Safety zone; Red River Safety Zone, Red River, MN.
(a) Location. The following area is a temporary safety zone: all
navigable waters of the Red River in the State of Minnesota north of a
line drawn across latitude 46[deg]20'00'' N, including those portions
of the river in Wilkin, Clay, Norman, Polk, Marshall and Kittson
counties, to the United States--Canada international border.
(b) Enforcement period. This rule will be enforced from 12 p.m. on
March 31, 2009 until 5 p.m. on April 24, 2009. If the River conditions
change such that enforcement of the Safety Zone is unnecessary prior to
5 p.m. on April 24, 2009, the COTP will notify the public via a
Broadcast Notice to Mariners.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Duluth, or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Duluth or his on-scene
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain
[[Page 17905]]
of the Port Duluth or his on-scene representative.
Dated: March 31, 2009.
M.P. Lebsack,
Commander, U.S. Coast Guard, Captain of the Port, Duluth.
[FR Doc. E9-8911 Filed 4-17-09; 8:45 am]
BILLING CODE 4910-15-P