80 FR 11885 - Safety Zones; Upper Mississippi River Between Mile 38.0 and 46.0, Thebes, IL; and Between Mile 78.0 and 81.0, Grand Tower, IL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 43 (March 5, 2015)
Coast Guard
Federal Register Volume 80, Issue 43 (March 5, 2015)
| Page Range | 11885-11887 | |
| FR Document | 2015-03331 |
[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)] [Rules and Regulations] [Pages 11885-11887] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03331] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2013-0907] RIN 1625-AA00 Safety Zones; Upper Mississippi River Between Mile 38.0 and 46.0, Thebes, IL; and Between Mile 78.0 and 81.0, Grand Tower, IL AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing safety zones for all waters of the Upper Mississippi River (UMR) from mile 38.0 to 46.0 and from mile 78.0 to 81.0. These safety zones are needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with subsurface rock removal in the Upper Mississippi River. Any deviation from the conditions and requirements put into place are prohibited unless specifically authorized by the cognizant Captain of the Port (COTP) Ohio Valley or his designated representatives. DATES: This rule is effective on March 5, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2013-0907]. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Dan McQuate, U.S. Coast Guard; telephone 270-442-1621, email [email protected]. If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms AIS Automated Information System BNM Broadcast Notice to Mariners COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LNM Local Notice to Mariners MM Mile Marker MSU Marine Safety Unit M/V Motor Vessel NPRM Notice of Proposed Rulemaking RIAC River Industry Action Committee UMR Upper Mississippi River USACE United States Army Corps of Engineers A. Regulatory History and Information Based on forecasted historical low water on the UMR in the fall of 2012, the USACE contracted subsurface rock removal operations in Thebes, IL to mitigate the effects of the forecasted low water event. In order to provide additional safety measures and regulate navigation during low water and the planned rock removal operations, the Coast Guard published a temporary final rule in the Federal Register for an RNA from mile 0.0 to 185.0 UMR (77 FR 75850). The RNA was in effect from December 1, 2012 until March 31, 2013, which is when river levels rebounded and the subsurface rock removal operation was delayed because of high water levels. During the effective period for this temporary RNA, restrictions were enforced for a total of approximately 45 days. In the fall of 2013, based on changing river conditions, low water was again forecasted and the USACE's contracted subsurface rock removal operations in Thebes, IL were scheduled to resume. The Coast Guard then published a second temporary final rule in the Federal Register re- establishing the RNA (78 FR 70222). Based on the forecasted water levels and the plans and needs for the resumed rock removal operations, the RNA covered a smaller river section extending from mile 0.0 to 109.9 on the UMR. The RNA was implemented to ensure the safety of the USACE contractors and marine traffic during the actual rock removal work, and to support the safe and timely clearing of vessel queues at the conclusion of the work each day. The RNA was in effect from November 4, 2013 until April 12, 2014, but was only enforced from December 10, 2013 until February 19, 2014 due to water levels increasing and forcing the USACE contractors to cease rock removal operations. During the times the RNA was enforced, the Coast Guard worked with the USACE, RIAC, and the USACE contractor to implement river closures and various restrictions to maximize the size of tows that could safely pass while keeping the USACE contractor crews safe. The Coast Guard also assisted in clearing vessel queues after each closure or restriction. On April 17, 2014, MSU Paducah contacted USACE St. Louis to determine if subsurface rock removal operations will be conducted in the Upper Mississippi River in the vicinity of Thebes, IL in future years. USACE St. Louis reported that such operations are anticipated to continue as river conditions permit, and that there are multiple phases of subsurface rock removal operations remaining. On August 28, 2014 USACE St. Louis notified the Coast Guard that based on recently acquired data, rock removal operations will also be required in the Upper Mississippi River between miles 78.0 and 81.0 at Grand Tower, IL in the future. USACE St. Louis also informed the Coast Guard that the environmental window for these operations each year [[Page 11886]] moving forward is July 1 to April 12. However, river conditions likely will not permit work for the majority of that timeframe each year, and in some years river conditions may not permit any work on this project to be completed. This project is expected to go on indefinitely when river conditions permit during the allowable times within the environmental windows. For continuity and based on the necessary restrictions, USACE St. Louis requested continued involvement of the Coast Guard for navigation expertise and facilitating restrictions with users of the waterway and the contractor. According to USACE St. Louis, the majority of the rock removal operations will impact vessel traffic and requested that the Coast Guard establish restrictions under 33 CFR part 165, Regulated Navigation Areas and Limited Access Areas to maintain safety of navigation during the rock removal project. The Coast determined that safety zones, one type of Limited Access Area provided for under 33 CFR part 165, will provide the necessary additional safety measures to ensure commerce can continue to navigate safely while the contractors are working. These safety zones limit access to specific areas of the river during rock removal operations rather than creating a larger regulated area encompassing the entire stretch of river where the work may take place. On November 10, 2014, an interim rule was published in the Federal Register (79 FR 66622). This interim rule was effective upon publication without prior notice through publication in the Federal Register, but also invited comments regarding the creation of permanent safety zones before the rule was published in final form. The Coast Guard received no comments on the interim rule and no requests for public meeting. No public meetings were held. No changes were made to the rule as it was published in the interim rule. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 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, and 160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define safety zones. The purpose of these safety zones are to protect persons and vessels while subsurface rock removal operations are ongoing on the UMR from mile 38.0 to mile 46.0 and from mile 78.0 to mile 81.0. The removal operations pose significant safety hazards to vessels and mariners operating on the UMR. At the previous request of RIAC and after reviewing best practices from the previous temporary RNAs in effect in 2012 and 2013, the Coast Guard plans to assist in facilitating the clearing of vessel queues in future years following restricted access on the UMR from mile 38.0 to mile 46.0 and from mile 78.0 to mile 81.0. For these reasons, the Coast Guard is to establishing these safety zones to limit vessel access between mile 38.0 and mile 46.0, and between mile 78.0 and mile 81.0 on the UMR. C. Discussion of Comments, Changes and the Final Rule No comments were received by the Coast Guard on this rule. No changes to the rule have been made from the interim rule and request for comments. D. 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 or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule establishes safety zones for vessels on all waters of the UMR from mile 38.0 to mile 46.0, and from mile 78.0 to mile 81.0. The safety zones listed in this final rule will only restrict vessel traffic from entering, transiting, or anchoring within specific sections of the UMR. Notifications of enforcement times and restrictions put into effect for these safety zones will be communicated to the marine community via BNM, through outreach with RIAC, and through LNMs. Such notices provide the opportunity for industry to plan transits accordingly and work around the schedule of rock removal operations as necessary. The impacts on navigation will be limited to ensuring the safety of mariners and vessels associated with hazards presented by USACE contractor operations involving subsurface rock removal, and the safe and timely resumption of vessel traffic following any river closures or restrictions associated with subsurface rock removal operations. Restrictions under these safety zones will be the minimum necessary to protect mariners, vessels, the public, and the environment from known or perceived risks. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the UMR during USACE contracted subsurface rock removal operations. These safety zones will not have a significant economic impact on a substantial number of small entities for the following reasons. While the safety zones listed in this final rule will restrict vessel traffic from entering, transiting, or anchoring within specific sections of the UMR, this rule does allow for the intermittent passing of vessels. Traffic in this area is limited to almost entirely recreational vessels and commercial towing vessels subject to noticed restrictions and requirements. Notifications to the marine community will be made through BNM, LNM, and communications with RIAC. Notices of changes to the safety zones and enforcement times will also be made. Additionally, deviation from the restrictions may be requested from the COTP Ohio Valley or designated representative and will be considered on a case- by-case basis. 3. Assistance for Small Entities 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, above. Small businesses may send comments on the actions of Federal employees [[Page 11887]] 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. 4. 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). 5. Federalism 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 determined that this rule does not have implications for federalism. 6. 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. 7. 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. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. 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. 10. 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. 11. 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. 12. Energy Effects This action is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 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 creation of safety zones from mile 38.0 to mile 46.0, and from mile 78.0 to mile 81.0 UMR. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under the ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. Accordingly, the interim rule amending 33 CFR part 165 that published at 77 FR 75850 on December 26, 2012, is adopted as a final rule without change. Dated: December 29, 2014. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2015-03331 Filed 3-4-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 11885
States, which will have jurisdiction over of the Upper Mississippi River (UMR) Coast Guard published a temporary final
such an action without regard to the from mile 38.0 to 46.0 and from mile rule in the Federal Register for an RNA
amount in controversy. A party to an 78.0 to 81.0. These safety zones are from mile 0.0 to 185.0 UMR (77 FR
action brought under this paragraph needed to protect persons, property, and 75850). The RNA was in effect from
shall be entitled to trial by jury. infrastructure from potential damage December 1, 2012 until March 31, 2013,
(b) A proceeding under paragraph (a) and safety hazards associated with which is when river levels rebounded
of this section shall be governed by the subsurface rock removal in the Upper and the subsurface rock removal
same legal burdens of proof specified in Mississippi River. Any deviation from operation was delayed because of high
§ 1980.109. An employee prevailing in the conditions and requirements put water levels. During the effective period
any action under paragraph (a) of this into place are prohibited unless for this temporary RNA, restrictions
section shall be entitled to all relief specifically authorized by the cognizant were enforced for a total of
necessary to make the employee whole, Captain of the Port (COTP) Ohio Valley approximately 45 days.
including: or his designated representatives. In the fall of 2013, based on changing
(1) Reinstatement with the same DATES: This rule is effective on March 5,
river conditions, low water was again
seniority status that the employee 2015. forecasted and the USACE’s contracted
would have had, but for the retaliation; subsurface rock removal operations in
ADDRESSES: Documents mentioned in
(2) The amount of back pay, with Thebes, IL were scheduled to resume.
interest; this preamble are part of docket [USCG– The Coast Guard then published a
(3) Compensation for any special 2013–0907]. To view documents second temporary final rule in the
damages sustained as a result of the mentioned in this preamble as being Federal Register re-establishing the
retaliation; and available in the docket, go to http:// RNA (78 FR 70222). Based on the
(4) Litigation costs, expert witness www.regulations.gov, type the docket forecasted water levels and the plans
fees, and reasonable attorney fees. number in the ‘‘SEARCH’’ box and click and needs for the resumed rock removal
(c) Within seven days after filing a ‘‘SEARCH.’’ Click on Open Docket operations, the RNA covered a smaller
complaint in federal court, a Folder on the line associated with this river section extending from mile 0.0 to
complainant must file with OSHA, the rulemaking. You may also visit the 109.9 on the UMR. The RNA was
ALJ, or the ARB, depending on where Docket Management Facility in Room implemented to ensure the safety of the
the proceeding is pending, a copy of the W12–140 on the ground floor of the USACE contractors and marine traffic
file-stamped complaint. A copy of the Department of Transportation West during the actual rock removal work,
complaint also must be served on the Building, 1200 New Jersey Avenue SE., and to support the safe and timely
OSHA official who issued the findings Washington, DC 20590, between 9 a.m. clearing of vessel queues at the
and/or preliminary order, the Assistant and 5 p.m., Monday through Friday, conclusion of the work each day. The
Secretary, and the Associate Solicitor, except Federal holidays. RNA was in effect from November 4,
Division of Fair Labor Standards, U.S. FOR FURTHER INFORMATION CONTACT: If 2013 until April 12, 2014, but was only
Department of Labor. you have questions on this rule, call or enforced from December 10, 2013 until
email LT Dan McQuate, U.S. Coast February 19, 2014 due to water levels
§ 1980.115 Special circumstances; waiver
Guard; telephone 270–442–1621, email increasing and forcing the USACE
of rules.
daniel.j.mcquate@uscg.mil. If you have contractors to cease rock removal
In special circumstances not questions on viewing or submitting operations. During the times the RNA
contemplated by the provisions of this material to the docket, call Cheryl F. was enforced, the Coast Guard worked
part, or for good cause shown, the ALJ Collins, Program Manager, Docket with the USACE, RIAC, and the USACE
or the ARB on review may, upon Operations, telephone (202) 366–9826. contractor to implement river closures
application, after three days notice to all and various restrictions to maximize the
SUPPLEMENTARY INFORMATION:
parties, waive any rule or issue any size of tows that could safely pass while
orders that justice or the administration Table of Acronyms keeping the USACE contractor crews
of the Act requires. safe. The Coast Guard also assisted in
AIS Automated Information System
[FR Doc. 2015–05001 Filed 3–4–15; 08:45 am] BNM Broadcast Notice to Mariners clearing vessel queues after each closure
BILLING CODE 4510–26–P COTP Captain of the Port or restriction.
DHS Department of Homeland Security On April 17, 2014, MSU Paducah
FR Federal Register contacted USACE St. Louis to determine
DEPARTMENT OF HOMELAND LNM Local Notice to Mariners if subsurface rock removal operations
MM Mile Marker will be conducted in the Upper
SECURITY
MSU Marine Safety Unit
Mississippi River in the vicinity of
M/V Motor Vessel
Coast Guard Thebes, IL in future years. USACE St.
NPRM Notice of Proposed Rulemaking
RIAC River Industry Action Committee Louis reported that such operations are
33 CFR Part 165 UMR Upper Mississippi River anticipated to continue as river
[Docket Number USCG–2013–0907] USACE United States Army Corps of conditions permit, and that there are
Engineers multiple phases of subsurface rock
RIN 1625–AA00 removal operations remaining. On
A. Regulatory History and Information
August 28, 2014 USACE St. Louis
Safety Zones; Upper Mississippi River Based on forecasted historical low notified the Coast Guard that based on
Between Mile 38.0 and 46.0, Thebes, IL; water on the UMR in the fall of 2012, recently acquired data, rock removal
mstockstill on DSK4VPTVN1PROD with RULES
and Between Mile 78.0 and 81.0, Grand the USACE contracted subsurface rock operations will also be required in the
Tower, IL removal operations in Thebes, IL to Upper Mississippi River between miles
AGENCY: Coast Guard, DHS. mitigate the effects of the forecasted low 78.0 and 81.0 at Grand Tower, IL in the
ACTION: Final rule. water event. In order to provide future.
additional safety measures and regulate USACE St. Louis also informed the
SUMMARY: The Coast Guard is navigation during low water and the Coast Guard that the environmental
establishing safety zones for all waters planned rock removal operations, the window for these operations each year
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![Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Rules and Regulations 11887
who enforce, or otherwise determine 9. Civil Justice Reform to the discovery of a significant
compliance with, Federal regulations to This rule meets applicable standards environmental impact from this rule.
the Small Business and Agriculture in sections 3(a) and 3(b)(2) of Executive List of Subjects in 33 CFR Part 165
Regulatory Enforcement Ombudsman Order 12988, Civil Justice Reform, to
and the Regional Small Business Harbors, Marine safety, Navigation
minimize litigation, eliminate (water), Reporting and recordkeeping
Regulatory Fairness Boards. The ambiguity, and reduce burden.
Ombudsman evaluates these actions requirements, Security measures,
annually and rates each agency’s 10. Protection of Children Waterways.
responsiveness to small business. If you We have analyzed this rule under Accordingly, the interim rule
wish to comment on actions by Executive Order 13045, Protection of amending 33 CFR part 165 that
employees of the Coast Guard, call 1– Children from Environmental Health published at 77 FR 75850 on December
888–REG–FAIR (1–888–734–3247). The Risks and Safety Risks. This rule is not 26, 2012, is adopted as a final rule
Coast Guard will not retaliate against an economically significant rule and without change.
small entities that question or complain does not create an environmental risk to Dated: December 29, 2014.
about this rule or any policy or action health or risk to safety that may R.V. Timme,
of the Coast Guard. disproportionately affect children. Captain, U.S. Coast Guard, Captain of the
4. Collection of Information 11. Indian Tribal Governments Port Ohio Valley.
This rule will not call for a new [FR Doc. 2015–03331 Filed 3–4–15; 8:45 am]
This rule does not have tribal
collection of information under the BILLING CODE 9110–04–P
implications under Executive Order
Paperwork Reduction Act of 1995 (44
13175, Consultation and Coordination
U.S.C. 3501–3520).
with Indian Tribal Governments, ENVIRONMENTAL PROTECTION
5. Federalism because it does not have a substantial AGENCY
A rule has implications for federalism direct effect on one or more Indian
under Executive Order 13132, tribes, on the relationship between the 40 CFR Part 52
Federalism, if it has a substantial direct Federal Government and Indian tribes,
or on the distribution of power and [EPA–R04–OAR–2014–0810; FRL–9923–94–
effect on the States, on the relationship Region 4]
between the national government and responsibilities between the Federal
the States, or on the distribution of Government and Indian tribes. Approval and Promulgation of
power and responsibilities among the 12. Energy Effects Implementation Plans; Tennessee;
various levels of government. We have Emissions Statement Requirement for
analyzed this rule under that Order and This action is not a ‘‘significant the 2008 8-Hour Ozone Standard
determined that this rule does not have energy action’’ under Executive Order
implications for federalism. 13211, Actions Concerning Regulations AGENCY: Environmental Protection
That Significantly Affect Energy Supply, Agency.
6. Protest Activities Distribution, or Use. ACTION: Direct final rule.
The Coast Guard respects the First 13. Technical Standards
Amendment rights of protesters. SUMMARY: The Environmental Protection
Protesters are asked to contact the This rule does not use technical Agency (EPA) is taking direct final
person listed in the FOR FURTHER standards. Therefore, we did not action to approve a revision to the
INFORMATION CONTACT section to consider the use of voluntary consensus Tennessee state implementation plan
coordinate protest activities so that your standards. (SIP) submitted by the State of
message can be received without Tennessee, through the Tennessee
14. Environment
jeopardizing the safety or security of Department of Environment and
people, places or vessels. We have analyzed this rule under Conservation (TDEC) on January 5,
Department of Homeland Security 2015, to address the emissions
7. Unfunded Mandates Reform Act Management Directive 023–01 and statement requirements for the 2008 8-
The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, hour ozone national ambient air quality
of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in standards (NAAQS). The revision affects
Federal agencies to assess the effects of complying with the National Davidson, Rutherford, Shelby, Sumner,
their discretionary regulatory actions. In Environmental Policy Act of 1969 Knox, Blount, Anderson, Williamson,
particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and and Wilson Counties. Annual emissions
that may result in the expenditure by a have determined that this action is one statements are required for certain
State, local, or tribal government, in the of a category of actions that do not sources in all ozone nonattainment
aggregate, or by the private sector of individually or cumulatively have a areas. These changes address
$100,000,000 (adjusted for inflation) or significant effect on the human requirements for the Knoxville,
more in any one year. Though this rule environment. This rule involves Tennessee 2008 8-hour ozone NAAQS
will not result in such an expenditure, creation of safety zones from mile 38.0 nonattainment area (hereinafter referred
we do discuss the effects of this rule to mile 46.0, and from mile 78.0 to mile to as the Knoxville Area) and the
elsewhere in this preamble. 81.0 UMR. This rule is categorically Tennessee portion of the Memphis,
excluded from further review under Tennessee-Arkansas-Mississippi 2008 8-
mstockstill on DSK4VPTVN1PROD with RULES
8. Taking of Private Property paragraph 34(g) of Figure 2–1 of the hour ozone NAAQS nonattainment area
This rule will not cause a taking of Commandant Instruction. An (hereinafter referred to as the Memphis
private property or otherwise have environmental analysis checklist and a Area). The Knoxville Area is comprised
taking implications under Executive categorical exclusion determination are of Knox and Blount County, and a
Order 12630, Governmental Actions and available in the docket where indicated portion of Anderson County, Tennessee,
Interference with Constitutionally under the ADDRESSES. We seek any and the Tennessee portion of the
Protected Property Rights. comments or information that may lead Memphis Area is comprised of Shelby
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Document Created: 2015-12-18 12:09:05
Document Modified: 2015-12-18 12:09:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on March 5, 2015. | |
| Contact | If you have questions on this rule, call or email LT Dan McQuate, U.S. Coast Guard; telephone 270-442-1621, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366-9826. | |
| FR Citation | 80 FR 11885 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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