83 FR 48954 - Regulated Navigation Area; Upper Mississippi River, Sabula Railroad Drawbridge, Mile Marker 535, Sabula, IA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 189 (September 28, 2018)
Coast Guard
Federal Register Volume 83, Issue 189 (September 28, 2018)
| Page Range | 48954-48957 | |
| FR Document | 2018-21135 |
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)] [Rules and Regulations] [Pages 48954-48957] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21135] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0917] RIN 1625-AA11 Regulated Navigation Area; Upper Mississippi River, Sabula Railroad Drawbridge, Mile Marker 535, Sabula, IA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary regulated navigation area (RNA) for certain navigable waters of the Upper Mississippi River under one of the navigable spans of the Sabula Railroad Drawbridge at mile marker (MM) 535. The RNA is necessary to protect persons, vessels, and the marine environment from potential hazards associated with emergency repair work to the Sabula Railroad Bridge following a vessel's allision with the bridge. This regulation applies only to southbound vessel transits through the RNA, and depending on the water flow as measured from Lock and Dam 12, this regulation either prohibits transit or establishes operating requirements unless a deviation is authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative. We invite your comments on this rulemaking. DATES: This rule is effective without actual notice from September 28, 2018 through November 30, 2018. For the purposes of enforcement, actual notice will be used from September 24, 2018 through September 28, 2018. Comments and related material must be received by the Coast Guard on or before October 15, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type USCG- 2018-0917 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 Lieutenant Commander Kody Stitz, Sector Upper Mississippi River Prevention Department U.S. Coast Guard; telephone 314-269-2568, email Kody.J.Stitz@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Upper Mississippi River 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)(3)(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 is impracticable. On September 16, 2018, a vessel allided with the Sabula Railroad Drawbridge and immediate action is needed to respond to the potential hazards associated with emergency bridge repairs. It is impracticable to publish an NPRM because we must establish this regulated navigation area as soon as possible. The NPRM process would delay establishment of the regulated navigation area until after the emergency repairs are necessary and compromise public safety. However, the Coast Guard is providing an opportunity to comment while the rule is in effect and may amend the rule after it becomes effective, if necessary. 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 [[Page 48955]] 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 emergency bridge repairs. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Eighth District Commander has determined that potential hazards associated with emergency bridge repairs following an allision will be a safety concern for vessels transiting southbound through the right descending span, also known as Iowa span, of the Sabula Railroad Drawbridge. This rule is necessary to protect persons, vessels, and the marine environment on the navigable waters of the Upper Mississippi River while the bridge is being repaired. The duration of this rule is intended to cover the period of emergency repairs. IV. Discussion of the Rule This rule establishes a temporary regulated navigation area from September 21, 2018 through November 30, 2018, or until the emergency bridge repairs are completed, whichever occurs first. The regulated area covers all navigable waters of the Upper Mississippi River under the right descending bank span, also known as the Iowa span, of the Sabula Railroad Drawbridge at mile marker (MM) 535. This rule applies only to southbound vessel transits through the RNA, and depending on the water flow as measured from Lock and Dam 12, this regulation either prohibits transit or establishes operating requirements unless a deviation is authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative. When the water flow rate as measured from Lock and Dam 12 is 100kcfs or greater, vessels are prohibited from transiting southbound through the RNA unless authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative. When the water flow rate as measured from Lock and Dam 12 is less than 100kcfs, vessels may transit southbound through the RNA only if navigating at their slowest safe speed and avoiding contact with any part of the Sabula Railroad Drawbridge and the unprotected rest pier located on the right descending side of the Sabula Railroad Drawbridge. When the water flow rate as measured from Lock and Dam 12 is less than 100kcfs, vessels engaged in towing may transit southbound through the RNA only if the size of the tow does not exceed 15 barges, the towing vessels possess a minimum of 250 horsepower per loaded barge in the tow, and the towing vessel uses an assist vessel of at least 1,000 horsepower when pushing three or more barges. If an assist vessel is required by this rule, the assist vessel and the towing vessel must discuss a plan to transit through the RNA before doing so and both the assist vessel and the towing vessel must be capable of continuous two- way voice communication during the transit. The COTP or a designated representative may review, on a case-by- case basis, alternatives to the minimum operating or towing requirements set forth in this rule and may approve a deviation from these requirements should they provide an equivalent level of safety. The COTP or a designated representative may determine, on a case-by- case basis, that although the conditions triggering the RNA may be met, the current potential hazards do not require that each requirement of the RNA be enforced and that only certain of the above-prescribed restrictions are necessary under the circumstances. The COTP or a designated representative may consider environmental factors, the water flow rate at Lock and Dam 12, mitigating safety factors, and the completion progress of the bridge repairs among other factors. The COTP or a designated representative will broadcast notice of such determination and any subsequent changes. Notice that these vessel operational conditions are anticipated to be put into effect, or are in effect, will be given by Broadcast Notice to Mariners, Local Notices to Mariners, Marine Safety Information Broadcasts, and/or actual notice, as appropriate. 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 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the limited applicability of rule, the availability of an alternate route, and the ability of the COTP to issue a deviation from the requirements of this rule or suspend enforcement of this rule on a case-by-case basis. This rule only affects southbound vessel transits through the RNA; northbound vessels may transit the RNA at any time without restrictions. In addition, the regulated area only covers the navigable waters under the span of the Sabula Railroad Drawbridge that was damaged in the allision, the right descending span, or Iowa span, of the bridge. Vessels may transit north or southbound through the left descending span, or Illinois span, at any time without restriction. Finally, this rule allows vessels to seek permission to transit through the RNA and/or deviate from the operating requirements, and also allows the COTP to suspend enforcement of particular provisions of the RNA under appropriate circumstances. 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 temporary regulated area 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. [[Page 48956]] 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 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 an 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 Directive 023-01 and Commandant Instruction M16475.1D, 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 regulated navigation area lasting approximately two months that prohibits entry or establishes vessel operating requirements for southbound transits through the right descending span of the Sabula Railroad Drawbridge on the Upper Mississippi River while emergency repairs are made to the bridge. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination will be made available in the docket where indicated under ADDRESSES. 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. VI. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. The Coast Guard may amend this temporary final rule if we receive comments from the public that indicate that a change is warranted. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this temporary final rule as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted. 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. Add Sec. 165.T08-0917 to read as follows: Sec. 165.T08-0917 Regulated Navigation Area; Upper Mississippi River, Sabula Railroad Drawbridge, Mile Marker 535, Sabula, IA. (a) Location. The following area is a regulated navigation area (RNA): All navigable waters of the Upper Mississippi River under the right descending bank span, also known as the Iowa span, of the Sabula Railroad Drawbridge at mile marker (MM) 535. (b) Effective period. This section is effective from September 21, 2018 through November 30, 2018, or until the emergency bridge repairs are completed, whichever occurs first. (c) Applicability. This section only applies to vessels transiting southbound through the RNA. (d) Regulations. (1) In accordance with the general regulations contained in 33 CFR 165.10, 165.11, and 165.13, when the water flow rate as measured from Lock and Dam 12 is 100kcfs or greater, vessels are prohibited from transiting southbound through the RNA unless authorized by the Captain of the [[Page 48957]] Port Sector Upper Mississippi River (COTP) or a designated representative. (2) When the water flow rate as measured from Lock and Dam 12 is less than 100kcfs, vessels may transit southbound through the RNA only under the following conditions: (i) Vessels operate at their slowest safe speed; and (ii) Vessels avoid contacting any part of the Sabula Railroad Drawbridge and the unprotected rest pier located on the right descending side of the Sabula Railroad Drawbridge. (3) When the water flow rate as measured from Lock and Dam 12 is less than 100kcfs, vessels engaged in towing may transit southbound through the RNA only under the following conditions: (i) The size of the tow does not exceed 15 barges; and (ii) The towing vessel possesses a minimum of 250 horsepower per loaded barge in the tow; and (iii) When pushing three or more barges, an assist vessel of at least 1,000 horsepower is utilized. (4) If an assist vessel is required under this section, before entering the RNA: (i) The assist vessel and the tow vessel shall discuss a plan to transit through the bridge, and (ii) Both the assist vessel and the towing vessel shall be capable of continuous two-way voice communication while transiting through the bridge. (5) The COTP or a designated representative may review, on a case- by-case basis, alternatives to the minimum operating or towing requirements and conditions set forth in subparagraphs (d)(2)-(d)(4) of this section and may approve a deviation to these requirements and conditions should they provide an equivalent level of safety. (6) The COTP or a designated representative may determine, on a case-by-case basis, that although the conditions triggering the RNA may be met, the current potential hazards do not require that each requirement of the RNA be enforced and that only certain of the above- prescribed restrictions are necessary under the circumstances. The COTP or a designated representative may consider environmental factors, the water flow rate at Lock and Dam 12, mitigating safety factors, and the completion progress of bridge the repairs among other factors. The COTP or a designated representative shall broadcast such notice of such determination and any changes under the provisions of paragraph (e). (e) Notice of requirements. Notice that these vessel operational conditions are anticipated to be put into effect, or are in effect, will be given by Broadcast Notice to Mariners, Local Notices to Mariners, Marine Safety Information Broadcasts, and/or actual notice, as appropriate. Dated: September 24, 2018 P.F. Thomas, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2018-21135 Filed 9-27-18; 8:45 am] BILLING CODE 9110-04-P
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persons or vessels are prohibited from This notice of enforcement is issued ADDRESSES: To view documents
entering into, transiting through, or under authority of 33 U.S.C. 1233. In mentioned in this preamble as being
anchoring in the regulated area, unless addition to this notification in the available in the docket, go to https://
authorized by the Patrol Commander Federal Register, the Coast Guard will www.regulations.gov, type USCG–2018–
(PATCOM). provide the maritime community with 0917 in the ‘‘SEARCH’’ box and click
DATES: The regulations in 33 CFR extensive advance notification of the ‘‘SEARCH.’’ Click on Open Docket
100.1105 will be enforced from 10:30 regulated area and its enforcement Folder on the line associated with this
a.m. until 12:30 p.m. on October 5, period via the Local Notice to Mariners, rule.
2018; from 12:50 p.m. until 5 p.m. on and Broadcast Notice to Mariners. FOR FURTHER INFORMATION CONTACT: If
October 4, 2018; from 12:50 p.m. until Dated: September 20, 2018. you have questions on this rule, call or
4 p.m. on October 5, 2018; and from Anthony J. Ceraolo, email Lieutenant Commander Kody
12:35 p.m. until 4 p.m. on October 6 Captain, U.S. Coast Guard, Captain of the Stitz, Sector Upper Mississippi River
through 7, 2018 as identified in the Port San Francisco. Prevention Department U.S. Coast
SUPPLEMENTARY INFORMATION section [FR Doc. 2018–21094 Filed 9–27–18; 8:45 am] Guard; telephone 314–269–2568, email
below. BILLING CODE 9110–04–P
Kody.J.Stitz@uscg.mil.
FOR FURTHER INFORMATION CONTACT: If SUPPLEMENTARY INFORMATION:
you have questions on this notice of I. Table of Abbreviations
enforcement, call or email Lieutenant DEPARTMENT OF HOMELAND
Emily Rowan, U.S. Coast Guard Sector SECURITY CFR Code of Federal Regulations
San Francisco; telephone (415) 399– COTP Captain of the Port Sector Upper
7443 or email at D11-PF-MarineEvents@ Coast Guard Mississippi River
uscg.mil. DHS Department of Homeland
SUPPLEMENTARY INFORMATION: The Coast
33 CFR Part 165 Security
Guard will enforce the special local [Docket Number USCG–2018–0917] FR Federal Register
regulation for the annual San Francisco NPRM Notice of proposed rulemaking
RIN 1625–AA11 § Section
Bay Navy Fleet Week Parade of Ships
and Blue Angels Demonstration in 33 U.S.C. United States Code
Regulated Navigation Area; Upper
CFR 100.1105. Mississippi River, Sabula Railroad II. Background Information and
Regulations for the Navy Parade of Drawbridge, Mile Marker 535, Sabula, Regulatory History
Ships will be enforced from 10:30 a.m. IA
until 12:30 p.m. on October 5, 2018; the The Coast Guard is issuing this
U.S. Navy Blue Angels Activities will be AGENCY: Coast Guard, DHS. temporary rule without prior notice and
enforced from 12:50 p.m. until 5 p.m. on ACTION: Temporary final rule; request for opportunity to comment pursuant to
October 4, 2018, and from 12:50 p.m. comments. authority under section 4(a) of the
until 4 p.m. on October 5, 2018, and Administrative Procedure Act (APA) (5
from 12:35 p.m. until 4 p.m. on October SUMMARY: The Coast Guard is U.S.C. 553(b)). This provision
6 through 7, 2018. Under the provisions establishing a temporary regulated authorizes an agency to issue a rule
of 33 CFR 100.1105, except for persons navigation area (RNA) for certain without prior notice and opportunity to
or vessels authorized by the PATCOM, navigable waters of the Upper comment when the agency for good
in regulated area ‘‘Alpha’’ no person or Mississippi River under one of the cause finds that those procedures are
vessel may enter or remain within 500 navigable spans of the Sabula Railroad ‘‘impracticable, unnecessary, or contrary
yards ahead of any Navy parade vessel. Drawbridge at mile marker (MM) 535. to the public interest.’’ Under 5 U.S.C.
No person or vessel shall anchor, block, The RNA is necessary to protect 553(b)(3)(B), the Coast Guard finds that
loiter in, or impede the through transit persons, vessels, and the marine good cause exists for not publishing a
of ship parade participants or official environment from potential hazards notice of proposed rulemaking (NPRM)
patrol vessels in regulated area ‘‘Alpha.’’ associated with emergency repair work with respect to this rule because it is
Except for persons or vessels to the Sabula Railroad Bridge following impracticable. On September 16, 2018,
authorized by the PATCOM, no person a vessel’s allision with the bridge. This a vessel allided with the Sabula
or vessel may enter or remain within regulation applies only to southbound Railroad Drawbridge and immediate
regulated area ‘‘Bravo.’’ vessel transits through the RNA, and action is needed to respond to the
When hailed and/or signaled by U.S. depending on the water flow as potential hazards associated with
Coast Guard patrol personnel by siren, measured from Lock and Dam 12, this emergency bridge repairs. It is
radio, flashing light, or other means, a regulation either prohibits transit or impracticable to publish an NPRM
person or vessel shall come to an establishes operating requirements because we must establish this regulated
immediate stop. Persons or vessels shall unless a deviation is authorized by the navigation area as soon as possible. The
comply with all directions given; failure Captain of the Port Sector Upper NPRM process would delay
to do so may result in expulsion from Mississippi River or a designated establishment of the regulated
the area, citation for failure to comply, representative. We invite your navigation area until after the
or both. The Coast Guard may be comments on this rulemaking. emergency repairs are necessary and
assisted by other Federal, State, or local DATES: This rule is effective without compromise public safety. However, the
law enforcement agencies in enforcing actual notice from September 28, 2018 Coast Guard is providing an opportunity
through November 30, 2018. For the to comment while the rule is in effect
daltland on DSKBBV9HB2PROD with RULES
this regulation.
The PATCOM shall be designated by purposes of enforcement, actual notice and may amend the rule after it becomes
the Commander, Coast Guard Sector San will be used from September 24, 2018 effective, if necessary.
Francisco, California. The PATCOM is through September 28, 2018. Comments Under 5 U.S.C. 553(d)(3), the Coast
empowered to forbid and control the and related material must be received by Guard finds that good cause exists for
movement of all vessels in the regulated the Coast Guard on or before October 15, making this rule effective less than 30
area. 2018. days after publication in the Federal
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![Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Rules and Regulations 48957
Port Sector Upper Mississippi River anticipated to be put into effect, or are the BLM published a final cost recovery
(COTP) or a designated representative. in effect, will be given by Broadcast rule (70 FR 58854) establishing or
(2) When the water flow rate as Notice to Mariners, Local Notices to revising fees and service charges for
measured from Lock and Dam 12 is less Mariners, Marine Safety Information processing documents related to its
than 100kcfs, vessels may transit Broadcasts, and/or actual notice, as minerals programs (2005 Cost Recovery
southbound through the RNA only appropriate. Rule). In addition, the 2005 Cost
under the following conditions: Dated: September 24, 2018 Recovery Rule also established the
(i) Vessels operate at their slowest safe method the BLM would use to adjust
P.F. Thomas,
speed; and those fees and service charges on an
(ii) Vessels avoid contacting any part Rear Admiral, U.S. Coast Guard, Commander,
annual basis.
of the Sabula Railroad Drawbridge and Eighth Coast Guard District.
At 43 CFR 3000.12(a), the regulations
the unprotected rest pier located on the [FR Doc. 2018–21135 Filed 9–27–18; 8:45 am] provide that the BLM will annually
right descending side of the Sabula BILLING CODE 9110–04–P adjust fees established in subchapter C
Railroad Drawbridge. (43 CFR parts 3000 through 3900)
(3) When the water flow rate as according to changes in the Implicit
measured from Lock and Dam 12 is less DEPARTMENT OF THE INTERIOR Price Deflator for Gross Domestic
than 100kcfs, vessels engaged in towing Product (IPD–GDP), which is published
may transit southbound through the Bureau of Land Management quarterly by the U.S. Department of
RNA only under the following Commerce. See also 43 CFR 3000.10.
conditions: 43 CFR Part 3000 This final rule updates those fees and
(i) The size of the tow does not exceed [18X.LLWO310000.L13100000.PP0000] service charges consistent with that
15 barges; and direction. The fee adjustments in this
(ii) The towing vessel possesses a RIN 1004–AE57 rule are based on the mathematical
minimum of 250 horsepower per loaded formula set forth in the 2005 Cost
barge in the tow; and Minerals Management: Adjustment of
Recovery Rule. The public had an
(iii) When pushing three or more Cost Recovery Fees
opportunity to comment on that
barges, an assist vessel of at least 1,000 AGENCY: Bureau of Land Management, adjustment procedure as part of the
horsepower is utilized. Interior. 2005 rulemaking. Accordingly, the
(4) If an assist vessel is required under ACTION: Final rule. Department of the Interior for good
this section, before entering the RNA: cause finds under 5 U.S.C. 553(b)(B) and
(i) The assist vessel and the tow vessel SUMMARY: This final rule updates the (d)(3) that notice and public comment
shall discuss a plan to transit through fees set forth in the Bureau of Land procedures are unnecessary and that the
the bridge, and Management (BLM) mineral resources fee adjustments in this rule may be
(ii) Both the assist vessel and the regulations for the processing of certain effective less than 30 days after
towing vessel shall be capable of minerals program-related actions. It also publication. See 43 CFR 3000.10(c).
continuous two-way voice adjusts certain filing fees for minerals-
communication while transiting through related documents. These updated fees II. Discussion of Final Rule
the bridge. include those for actions such as lease As set forth in the 2005 Cost Recovery
(5) The COTP or a designated renewals and mineral patent Rule, the fee updates are based on the
representative may review, on a case-by- adjudications. change in the IPD–GDP. The BLM’s
case basis, alternatives to the minimum minerals program publishes the updated
operating or towing requirements and DATES: This final rule is effective
cost recovery fees, which become
conditions set forth in subparagraphs October 1, 2018.
effective on October 1, the start of the
(d)(2)–(d)(4) of this section and may ADDRESSES: You may send inquiries or
fiscal year (FY).
approve a deviation to these suggestions to Director (630), Bureau of Since the BLM did not publish a fee
requirements and conditions should Land Management, 2134LM, 1849 C update for FY 2018, this rule updates
they provide an equivalent level of Street NW, Washington, DC 20240; the cost recovery fees from FY 2017 for
safety. Attention: RIN 1004–AE57. FY 2019. The update is based on the
(6) The COTP or a designated FOR FURTHER INFORMATION CONTACT: change in the IPD–GDP from the 4th
representative may determine, on a Steve Wells, Chief, Division of Fluid Quarter of 2015 to the 4th Quarter of
case-by-case basis, that although the Minerals, 202–912–7143; Mitch 2017 and reflects the rate of inflation
conditions triggering the RNA may be Leverette, Chief, Division of Solid over a two-year time period (or eight
met, the current potential hazards do Minerals, 202–912–7114; or Mark calendar quarters).
not require that each requirement of the Purdy, Regulatory Affairs, 202–912– Under this rule, 17 fees will remain
RNA be enforced and that only certain 7635. Persons who use a the same and 31 fees will increase. Of
of the above-prescribed restrictions are telecommunications device for the deaf the 31 fees that are being increased by
necessary under the circumstances. The (TDD) may leave a message for these this rule, 18 of the increases are equal
COTP or a designated representative individuals with the Federal Relay to $5 each. The largest increase, $105,
may consider environmental factors, the Service (FRS) at 1–800–877–8339, 24 will be applied to the fee for
water flow rate at Lock and Dam 12, hours a day, 7 days a week. adjudicating a mineral patent
mitigating safety factors, and the SUPPLEMENTARY INFORMATION: application containing more than 10
completion progress of bridge the claims, which will increase from $3,110
I. Background
daltland on DSKBBV9HB2PROD with RULES
repairs among other factors. The COTP to $3,215. The fee for adjudicating a
or a designated representative shall The BLM has specific authority to patent application containing 10 or
broadcast such notice of such charge fees for processing applications fewer claims will increase by $50, from
determination and any changes under and other documents relating to public $1,555 to $1,605.
the provisions of paragraph (e). lands under section 304 of the Federal The calculations that resulted in the
(e) Notice of requirements. Notice that Land Policy and Management Act of new fees are included in the table
these vessel operational conditions are 1976 (FLPMA), 43 U.S.C. 1734. In 2005, below:
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Document Created: 2018-09-28 01:22:55
Document Modified: 2018-09-28 01:22:55
| 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 | Temporary final rule; request for comments. | |
| Dates | This rule is effective without actual notice from September 28, 2018 through November 30, 2018. For the purposes of enforcement, actual notice will be used from September 24, 2018 through September 28, 2018. Comments and related material must be received by the Coast Guard on or before October 15, 2018. | |
| Contact | If you have questions on this rule, call or email Lieutenant Commander Kody Stitz, Sector Upper Mississippi River Prevention Department U.S. Coast Guard; telephone 314-269-2568, email [email protected] | |
| FR Citation | 83 FR 48954 | |
| RIN Number | 1625-AA11 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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