[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Rules and Regulations]
[Pages 67216-67220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27587]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2010-0693]
RIN 1625-AA11
Regulated Navigation Area; Greenville Bridge Demolition, Lower
Mississippi River Mile 531.3, AR, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) for all waters of the Lower Mississippi River beginning at mile
528 and ending at mile 535 extending the entire width of the waterway
in Arkansas and Mississippi. Vessels will not be permitted to be in
this area at certain times during the demolition of the Greenville
Bridge, Lower Mississippi River Mile 531.3. Additionally, vessels will
not be allowed to meet or pass in the RNA and must proceed at a minimum
safe speed. This RNA is needed to protect personnel and vessels from
the potential safety hazards during the demolition of the Greenville
Bridge, Lower Mississippi River Mile 531.3.
DATES: This rule is effective in the CFR from November 2, 2010 through
November 1, 2012. This rule is enforceable with actual notice for the
purposes of enforcement from October 22, 2010 through November 1, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0693 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section below for instructions on submitting comments.
Documents indicated in this preamble as being available in the
docket are part of docket USCG-2010-0693 and are available online by
going to http://www.regulations.gov, inserting USCG-2010-0693 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary
[[Page 67217]]
rule, call or e-mail Chief Warrant Officer David Bear, Sector Lower
Mississippi River Waterways Management Branch, Coast Guard; telephone
866-777-2784, e-mail: [email protected]. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation
You are welcome to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0693), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand delivery, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0693'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-XXXX-XXXX'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Regulatory Information
The Coast Guard is issuing this temporary interim 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 it would
be impracticable and contrary to the public interest due to the amount
of notification received by the Coast Guard and the contractually
imposed demolition timeline. The new Greenville Bridge was completed
and opened to traffic July 28, 2010 about a year behind schedule. The
Coast Guard received notice of the demolition plan and required
timeline for the old bridge in late July 2010 and promptly completed
its required review and approval of the plan by mid August 2010,
leaving insufficient time to complete the NPRM process before the
initial demolition start date. Delaying or rescheduling the demolition
is impracticable because the Mississippi Department of Transportation
contract requires complete removal by early June 2011 and the delayed
new bridge completion has already caused demolition delays. Therefore,
sufficient time to publish a NPRM is not available and immediate action
is needed to protect the personnel, vessels and mariners associated
with and/or present during the demolition process.
Under 5 U.S.C. 553(d)(3), based on the contractually imposed
timeline and the notification received by the Coast Guard good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The demolition timeline presented
to the USCG requires immediate action and a delayed effective date
would be contrary to the public interest. Delaying or rescheduling the
demolition to provide 30 days notice also is impracticable because the
Mississippi Department of Transportation contract requires complete
removal by early June 2011 and the delayed new bridge completion has
already caused demolition delays. By making the rule effective
immediately upon publication and enforceable with actual notice upon
signature the required demolition of the old bridge structure can
continue under the applicable contract and the personnel, vessels, and
mariners associated with and/or present during demolition will be
protected. We will accept public comments on this temporary interim
rule and, if they indicate a need for modification of the rule, we will
take further regulatory action.
Background and Purpose
The legal basis for this rulemaking is the Coast Guard's authority
to establish regulated navigation areas, under 33 U.S.C. 1226, 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; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1. A RNA is a water
area within a defined boundary for which regulations for vessels
navigating within the area have been established, to control vessel
traffic in a place determined to have hazardous conditions. 33 CFR
165.10; U.S.C.G.
[[Page 67218]]
Commandant Instruction Manual M16704.3A, 1-6.
The purpose of this rule is to establish a RNA for all waters of
the Lower Mississippi River beginning at mile 528 and ending at mile
535 extending the entire width of the waterway, to protect personnel
and vessels, both transiting the waterway and conducting the work, from
the potential safety hazards involved in the demolition of the
Greenville Bridge, Lower Mississippi River Mile 531.3. Vessels will not
be permitted to be in this area during certain phases of the demolition
of the Greenville Bridge, Lower Mississippi River Mile 531.3. Due to
the demolition, the waterway will have to be closed or partially
restricted to traffic at certain times depending on how the demolition
is proceeding.
The RNA will allow for the safe and orderly movements in and
through the demolition area.
Discussion of Rule
During enforcement periods under this rule, all vessels are
required to transit the RNA at the minimum safe speed and may be
prohibited from transiting all waters of the Lower Mississippi River
beginning at mile 528 and ending at mile 535 extending the entire width
of the waterway. Enforcement periods include, but are not limited to:
(1) Any time structural parts of the bridge are being removed,
dismantled or demolished, where a reasonable risk to passing vessels or
personnel exists.
(2) Any time passing vessels pose a danger to the personnel and
vessels conducting the demolition work.
(3) During the setting and use of explosives to demolish the bridge
support piers.
(4) During the lowering of the middle 420 feet of main span to
barges for transport to the Arkansas shore for dismantling. This will
take approximately 24 hours and is currently scheduled for mid-November
depending on how preparation work progresses.
Minimum safe speed will be required of all vessels transiting the
area when lifting, positioning or surveying work is being conducted.
All vessels transiting the area must:
(1) Announce their intentions of entering the RNA;
(2) Avoid meeting or passing another vessel in the RNA;
(3) Not anchor, stop, remain or drift without power at anytime in
the RNA; and
(4) Continually monitor VHF-FM channel 13 on their radio-telephone
while operating in, near or approaching the RNA.
The RNA will remain in effect through November 1, 2012. Currently
there is only one scheduled closure of the water way for a 24 hour
period during the removal of the main span. And, for any closure that
will last longer than 4 hours notice will be given a minimum of 7 days
before the scheduled closure, unless an emergent situation exists. All
other closures should be less than 2 hours, and only when necessary.
Notice for closure lasting over 2 hours but less than 4 hours will be
given at least 72 hours before the closure.
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. This rule is temporary and limited in
nature regulating only during the actual demolition of the Greenville
Bridge, Lower Mississippi River, Mile 531.3, creating no undue delay to
vessel traffic in the area.
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 rule will affect the following entities, some which may
be small entities: owners or operators or vessels intending to transit
the Lower Mississippi River from mile 528 to mile 535 during the
demolition periods. This rule will not have a significant economic
impact on those entities or a substantial number of any small entities
for the following reasons. This rule will only be in effect through
November 1, 2012. The Coast Guard will issue maritime advisories widely
available to the users of the river at least 72 hours before to the
closure of the waterway for any extended period (2 hours or more).
Vessels will be able to transit the waterway during the vast majority
of the demolition period.
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.
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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
[[Page 67219]]
Taking of Private Property
This rule will not effect 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 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 is categorically excluded, under figure 2-1, paragraph
(32)(a), of the Instruction. This rule involves the final stages of a
bridge replacement on essentially the same alignment or location. The
new structure has been completed and opened to the public. This RNA is
being established to help facilitate the safe removal of the old
structure. Under figure 2-1, paragraph (32)(a), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
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. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T10-0693 is added to read as follows:
Sec. 165.T10-0693 Regulated Navigation Area; Greenville Bridge
Demolition, Lower Mississippi River, Mile 531.3.
(a) Regulated Navigation Area. The following is a regulated
navigation area (RNA): All waters of the Lower Mississippi River
beginning at mile 528 and ending at mile 535 extending the entire width
of the waterway.
(b) Applicability. This section applies to all vessels and craft
operating on the waters of the Mississippi in or near the RNA or
approaching the RNA with intentions of transiting the RNA.
(c) Effective Dates. This rule is effective in the CFR from
November 2, 2010 through November 1, 2012. This rule is effective with
actual notice for purposes of enforcement from October 22, 2010 through
November 1, 2012.
(d) Definitions. As used in this section:
COTP means Captain of the Port, Lower Mississippi River;
Closure means any time this RNA is enforced and normal traffic is
halted from proceeding in or through the RNA due to operations that
could pose potential safety hazards involved in the demolition of the
Greenville Bridge;
Demolition means the removal, staging or preparation thereof, of
any part of the old Greenville Bridge, Lower Mississippi River, Mile
531.3;
Designated representative includes any commissioned, warrant, or
petty officer of the U.S. Coast Guard designated by the COTP Lower
Mississippi to authorize entry into the RNA;
Downbound means the vessel is traveling with the current;
Site representative means the person so designated by the
demolition contractor (Granite Construction Company) or the bridge
owner (Mississippi Department of Transportation) whose responsibility
it is to inform vessels in the vicinity of the demolition work of any
possible hazards or encroachments to the waterway;
Upbound means the vessel is traveling against the current; and
Vessel or craft means any waterborne manmade object designed to
convey people or goods.
(e) Regulations. During closure, in accordance with the general
regulations in Sec. 165.23 of this part:
(1) Entry into this zone by vessels or mariners is prohibited
unless authorized by the COTP Lower Mississippi River or a designated
representative. They may be contacted on VHF-FM channel 16 or by
telephone at (866) 777-2784;
(2) All persons and vessels shall comply with the instructions of
the COTP Lower Mississippi River and designated representatives;
(3) Minimum safe speed will be required of all vessels transiting
the RNA;
(4) Vessels shall not meet or pass in the RNA;
[[Page 67220]]
(5) No vessel shall anchor, stop, remain or drift without power at
any time in the RNA;
(6) All vessels shall continually monitor VHF-FM channel 13 on
their radio-telephone while operating in, near, or approaching the RNA;
(7) Before entering the RNA, downbound vessels shall make a
broadcast in the blind on VHF-FM channel 13 announcing their estimated
time of arrival at the upriver start of the RNA at mile 535 to ensure
that there are no upbound vessels within the RNA and in sufficient time
that:
(i) If there are vessels in the RNA the downbound vessel shall
adjust its speed so as to avoid a meeting situation in the RNA.
(ii) If the RNA is temporarily closed to vessel traffic the
downbound vessel can take all way off and hold station or push in
upriver of mile 535.
(iii) The site representative can pass any pertinent information
that would aid the vessel in the safe transit of the demolition site.
If the Commander, Eighth Coast Guard District determines that hazardous
conditions exist, a towboat (tug) shall be provided by the contractor
or bridge owner to assist vessels through the bridge on demand; and
(8) Before entering the RNA, upbound vessels shall make a broadcast
in the blind on VHF-FM channel 13 announcing their estimated time of
arrival at the downriver start of the RNA at mile 528 to ensure that
there are no downbound vessels within the RNA and in sufficient time
that:
(i) If there are vessels in the RNA the upbound vessel shall adjust
its speed so as to avoid a meeting situation in the RNA.
(ii) If the RNA is temporarily closed to vessel traffic the upbound
vessel can take all way off and hold station or push in downriver of
mile 528.
(iii) The site representative can pass any pertinent information
that would aid the vessel in the safe transit of the demolition site.
If the Commander, Eighth Coast Guard District determines that hazardous
conditions exist, a towboat (tug) shall be provided by the contractor
or bridge owner to assist vessels through the bridge on demand.
(f) Informational Broadcasts. The Captain of the Port, Lower
Mississippi River will inform the public as soon as practical when
closures are expected via Broadcast Notice to Mariners. Notice for any
closure that will last longer than 4 hours will be given a minimum of 7
days before the scheduled closure, unless an emergent situation exists.
Notice for any closure that will last longer than 2 hours but less than
4 hours will be given at least 72 hours before the closure. Broadcast
Notice to Mariners will be broadcast every two hours while the RNA is
closed to traffic. Additionally, a schedule of known closures will be
published in the Eighth District Local Notice to Mariners and at http://homeport.uscg.mil. Select ``LOWER MISSISSIPPI RIVER (MEMPHIS)'' under
the Port Directory tab. The schedule will appear under the Notice to
Mariners subcategory.
Dated: October 22, 2010.
Peter Troedsson,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard
District.
[FR Doc. 2010-27587 Filed 11-1-10; 8:45 am]
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