[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Rules and Regulations]
[Pages 23485-23487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10147]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0260]
RIN 1625-AA00
Safety Zone; Red River
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 Red River in the State of North Dakota, including
those portions of the river bordered by Richland, Cass, Traill, Grand
Forks, Walsh, and Pembina Counties, plus those in Minnesota South of a
line drawn across latitude 46[deg]20'00'' N, extending the entire width
of the river. This safety zone is needed to protect persons and vessels
from safety hazards associated with flooding occurring on the Red
River. Entry into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Upper Mississippi River or
a designated representative.
DATES: This rule is effective in the CFR from April 27, 2011 through
11:59 p.m. on July 15, 2011. This rule is effective with actual notice
from 12:01 a.m. on April 8, 2011, until 11:59 p.m. on July 15, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0260 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0260 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.
Documents will also be available for inspection or copying at Coast
Guard Sector Upper Mississippi River, 1222 Spruce Street, Suite 7.103,
St. Louis, MO 63103 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 or email Lieutenant Commander (LCDR) Scott
Stoermer, Sector Upper Mississippi River, Coast Guard at (314) 269-2540
or [email protected].
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 it would be contrary to public
interest to publish an NPRM as immediate action is necessary to protect
the public and property from the dangers associated with flooding
emergencies. 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. Delaying its effective date would
be contrary to public interest because immediate action is needed to
protect vessels and mariners from the safety hazards associated with
flooding emergencies.
Basis and Purpose
On April 8, 2011, the Captain of the Port Upper Mississippi River
deemed navigation on the Red River unsafe due to severe flooding and
has closed navigation on the Red River bordered by Richland, Cass,
Traill, Grand Forks, Walsh, and Pembina Counties in North Dakota,
extending the entire width of the river. To provide for the safety of
the public, the Coast Guard will temporarily restrict access to this
section of the Red River while conditions remain dangerous.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone for all
waters of the Red River in the State of North Dakota, including those
portions of the river bordered by Richland, Cass, Traill, Grand Forks,
Walsh, and Pembina Counties, plus those in Minnesota South of a line
drawn across latitude 46[deg]20'00'' N, extending the entire width of
the river. Entry into this zone is prohibited to all vessels and
persons except those persons and vessels specifically authorized by the
Captain of the Port Sector Upper Mississippi River. This rule is
effective from 12:01 a.m. April 8, 2011 until 11:59 p.m. July 15, 2011.
This temporary safety zone will be enforced while conditions remain
dangerous. The Captain of the Port Sector Upper Mississippi River will
inform the public through broadcast notice to mariners of all safety
zone changes and enforcement periods.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of
[[Page 23486]]
the Department of Homeland Security (DHS).
This rule will be in effect until canceled and notifications to the
marine community will be made through broadcast notice to mariners and
the River Industry Bulletin Board (RIBB) at http://www.ribb.com.
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 of which
may be small entities: The owners or operators of vessels intending to
transit all waters of the Red River in the State of North Dakota,
including those portions of the river bordered by Richland, Cass,
Traill, Grand Forks, Walsh, and Pembina Counties, plus those in
Minnesota South of a line drawn across latitude 46[deg]20'00'' N,
extending the entire width of the river on and after April 8, 2011.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: (1) This
rule will only be in effect for a limited period of time.
If you are a small business entity and are significantly affected
by this regulation, please contact LCDR Scott Stoermer, Sector Upper
Mississippi River, at (314) 269-2540.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so they could 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 businesses. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
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 Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded 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 because this rule is not expected to result
in any significant adverse environmental impact as described in the
National Environmental Policy Act of 1969 (NEPA).
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental
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Analysis Check List'' 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.
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.T09-0260 is added to read as follows:
Sec. 165.T09-0260 Safety Zone; Red River.
(a) Location. The following area is a safety zone: Waters of the
Red River in the State of North Dakota, including those portions of the
river bordered by Richland, Cass, Traill, Grand Forks, Walsh, and
Pembina Counties, plus those in Minnesota South of a line drawn across
latitude 46[deg]20'00'' N, extending the entire width of the river.
(b) Effective date. This rule is effective from 12:01 a.m. April 8,
2011 until 11:59 p.m. July 15, 2011.
(c) Periods of Enforcement. This rule will be enforced from April
8, 2011 until 11:59 p.m. May 15, 2011 while dangerous flooding
conditions exist. The Captain of the Port Sector Upper Mississippi
River will inform the public through broadcast notice to mariners of
any changes to enforcement periods.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165, Subpart C of this part, entry into this zone is prohibited
unless authorized by the Captain of the Port Sector Upper Mississippi
River and Marine Safety Unit Duluth or a designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Sector Upper
Mississippi River or a designated representative. The Captain of the
Port Sector Upper Mississippi River representative may be contacted at
(314) 269-2332.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Sector Upper Mississippi River or their
designated representative. Designated Captain of the Port
representatives include United States Coast Guard commissioned,
warrant, and petty officers of the U.S. Coast Guard.
Dated: April 8, 2011.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2011-10147 Filed 4-26-11; 8:45 am]
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