83 FR 61323 - Regulated Navigation Area; Upper Mississippi River, Sabula Railroad Bridge, Mile Marker 535, Sabula, IA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 230 (November 29, 2018)
Coast Guard
Federal Register Volume 83, Issue 230 (November 29, 2018)
| Page Range | 61323-61326 | |
| FR Document | 2018-25981 |
[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)] [Rules and Regulations] [Pages 61323-61326] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25981] ======================================================================= ----------------------------------------------------------------------- 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 Bridge, Mile Marker 535, Sabula, IA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard established a temporary regulated navigation area for certain navigable waters of the [[Page 61324]] 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. The 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. DATES: This rule is effective from November 29, 2018 through November 30, 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 On September 16, 2018, a vessel allided with the Sabula Railroad Drawbridge and immediate action was needed to respond to the potential hazards associated with emergency bridge repairs. On September 28, 2018, the Coast Guard published a temporary final rule; request for comments titled Regulated Navigation Area; Upper Mississippi River, Sabula Railroad Drawbridge, Mile Marker 535, Sabula, IA (83 FR 48954). There we stated why we issued the temporary final rule, and invited comments on our proposed regulatory action related to the operational restrictions in the regulated navigation area (RNA). During the comment period that ended on October 15, 2018, we received two comments. 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 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 Comments, Changes, and the Rule As noted above, we received two comments on our temporary final rule published on September 28, 2018. One comment was unrelated to the substance of the rule, and one comment was not in favor of the rule. The commenter not in favor of the rule disagreed that any navigation should be allowed through the right descending bank span, also known as the Iowa span, of the Sabula Railroad Drawbridge at mile marker (MM) 535 until the rest pier repairs were ``substantial[ly] complet[ed].'' The commenter stated that the Coast Guard failed to engage with Canadian Pacific Railway engineers to evaluate safety concerns, and expressed general dissatisfaction that the Coast Guard's risk analysis was not fairly balanced against the elevated risks to the bridge pier or potential impact to railroad traffic. The Coast Guard respectfully disagrees. As a preliminary matter, our rule does provide for a prohibition of southbound navigation under the Iowa span under certain conditions. Moreover, because the emergency repairs are necessary only for the rest pier, rather than the actual bridge support piers, a total closure of waterway traffic may not be necessary under all conditions. The Coast Guard inspected the initial damage to the rest pier, and has been engaged with the bridge owner, the repair contractor, and vessel operators since the initial incident on September 16, 2018. Other than requesting a total closure of the Iowa span and expressing disagreement with the Coast Guard's rule generally, Canadian Pacific Railway did not present any facts, data, or engineering analysis to the Coast Guard to support why a total closure is necessary, or propose alternate vessel operating requirements. Although the repairs have been substantially completed, Canadian Pacific Railway engineers may contact the Sector Upper Mississippi River at any time with further information. There are no changes in regulatory text of this rule from the temporary final 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 vessel possesses 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, [[Page 61325]] 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 the 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 navigation 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. 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 [[Page 61326]] 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 is 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. 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 165.11, and 165.13, when the water flow rate as measured from Lock and Dam 12 is 100 KCFS 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. (2) When the water flow rate as measured from Lock and Dam 12 is less than 100 kcfs, vessels may transit southbound through the RNA only under the following conditions: (i) Vessels shall operate at their slowest safe speed. (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 100 kcfs, 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 tow, and (iii) When pushing more than two barges, an assist vessel of at least 1,000 horsepower must be utilized. (A) Prior to entering the RNA, the assist tow vessel and the primary tow vessel shall discuss a plan to transit through the bridge, and (B) Both the primary and assist towing vessel shall be capable of continuous two way voice communication while transiting through the bridge. (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 paragraphs (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, and/or actual notice, as appropriate. Dated: November 15, 2018. P.F. Thomas, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2018-25981 Filed 11-28-18; 8:45 am] BILLING CODE 9110-04-P
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3(b)(2) of Executive Order 12988 to that the United States comply with its ■ c. Redesignate paragraphs (b)(46)
eliminate drafting errors and ambiguity, obligations under the specified through (b)(56) as (b)(50) through
minimize litigation, provide a clear legal international agreements. (b)(60);
standard for affected conduct, and ■ d. Redesignate paragraphs (b)(32)
Regulatory Flexibility Act
promote simplification and burden through (b)(45) as (b)(35) through
reduction. The Regulatory Flexibility Act (RFA) (b)(48);
(5 U.S.C. 601–612) applies to rules that ■ e. Redesignate paragraphs (b)(4)
Executive Order 13132, Federalism are subject to notice and comment through (31) as (b)(5) through (32);
This action does not have federalism under section 553(b) of the APA or any ■ f. Add new paragraphs (b)(4), (b)(33),
implications warranting the application other law. As explained above, the CSA (b)(34), (b)(49), and (b)(61);
of Executive Order 13132. This action exempts this final order from notice and ■ g. Remove and reserve paragraphs
does not have substantial direct effects comment. Consequently, the RFA does (h)(5), (h)(13), (h)(14), (h)(20), and
on the States, on the relationship not apply to this action. (h)(29).
between the national government and The revision and additions to read as
the States, or on the distribution of Paperwork Reduction Act of 1995
follows:
power and responsibilities among the This action does not impose a new
various levels of government. collection of information requirement § 1308.11 Schedule I.
under the Paperwork Reduction Act of * * * * *
Executive Order 13175, Consultation
1995. 44 U.S.C. 3501–3521. An agency (b) * * *
and Coordination With Indian Tribal
may not conduct or sponsor, and a (4) Acryl fentanyl (N-(1-
Governments
person is not required to respond to, a phenethylpiperidin-4-yl)-N-
This action does not have tribal collection of information unless it phenylacrylamide; other name:
implications warranting the application displays a currently valid OMB control acryloylfentanyl) . . . 9811
of Executive Order 13175. The action number. * * * * *
does not have substantial direct effects (33) 4-Fluoroisobutyryl fentanyl (N-(4-
on one or more Indian tribes, on the Congressional Review Act
fluorophenyl)-N-(1-phenethylpiperidin-
relationship between the Federal This action is not a major rule as 4-yl)isobutyramide; other name: para-
government and Indian tribes, or on the defined by the Congressional Review fluoroisobutyryl fentanyl) . . . 9824
distribution of power and Act (CRA), 5 U.S.C. 804. This order will (34) Furanyl fentanyl (N-(1-
responsibilities between the Federal not result in: ‘‘an annual effect on the phenethylpiperidin-4-yl)-N-
government and Indian tribes. economy of $100,000,000 or more; a phenylfuran-2-carboxamide) . . . 9834
major increase in costs or prices for
Administrative Procedure Act * * * * *
consumers, individual industries,
The CSA provides for an expedited Federal, State, or local government (49) Ocfentanil (N-(2-fluorophenyl)-2-
scheduling action where control is agencies, or geographic regions; or methoxy-N-(1-phenethylpiperidin-4-
required by the United States significant adverse effects on yl)acetamide) . . . 9838
obligations under international treaties, competition, employment, investment, * * * * *
conventions, or protocols. 21 U.S.C. productivity, innovation, or on the (61) Tetrahydrofuranyl fentanyl (N-(1-
811(d)(1). If control is required pursuant ability of United States-based phenethylpiperidin-4-yl)-N-
to such international treaty, convention, enterprises to compete with foreign phenyltetrahydrofuran-2-carboxamide)
or protocol, the Attorney General must based enterprises in domestic and . . . 9843
issue an order controlling such drug export markets.’’ However, pursuant to * * * * *
under the schedule he deems most the CRA, the DEA has submitted a copy Dated: November 26, 2018.
appropriate to carry out such of this final order to both Houses of Uttam Dhillon,
obligations, without regard to the Congress and to the Comptroller
findings or procedures otherwise Acting Administrator.
General.
required for scheduling actions. Id. [FR Doc. 2018–26045 Filed 11–28–18; 8:45 am]
To the extent that 21 U.S.C. 811(d)(1) List of Subjects in 21 CFR Part 1308 BILLING CODE 4410–09–P
directs that if control is required by the Administrative practice and
United States obligations under procedure, Drug traffic control,
international treaties, conventions, or Reporting and recordkeeping DEPARTMENT OF HOMELAND
protocols in effect on October 27, 1970, requirements. SECURITY
scheduling actions shall be issued by For the reasons set out above, the DEA
order (as compared to scheduling amends 21 CFR part 1308 as follows: Coast Guard
pursuant to 21 U.S.C. 811(a) by rule),
the DEA believes that the notice and PART 1308—SCHEDULES OF 33 CFR Part 165
comment requirements of section 553 of CONTROLLED SUBSTANCES [Docket Number USCG–2018–0917]
the Administrative Procedure Act
(APA), 5 U.S.C. 553, do not apply to this ■ 1. The authority citation for part 1308 RIN 1625–AA11
scheduling action. In the alternative, continues to read as follows:
Regulated Navigation Area; Upper
even if this action does constitute ‘‘rule Authority: 21 U.S.C. 811, 812, 871(b),
Mississippi River, Sabula Railroad
making’’ under 5 U.S.C. 551(5), this 956(b), unless otherwise noted.
Bridge, Mile Marker 535, Sabula, IA
khammond on DSK30JT082PROD with RULES
action is exempt from the notice and ■ 2. In § 1308.11:
comment requirements of 5 U.S.C. 553 ■ a. Remove from paragraph (b) AGENCY: Coast Guard, DHS.
pursuant to 21 U.S.C. 553(a)(1) as an introductory text the term ‘‘(b)(34)’’ and ACTION: Temporary final rule.
action involving a foreign affairs add in its place the term ‘‘(b)(39)’’;
function of the United States given that ■ b. Redesignate paragraphs (b)(57) SUMMARY: The Coast Guard established
this action is being done in accordance through (b)(60) as (b)(62) through a temporary regulated navigation area
with 21 U.S.C. 811(d)(1)’s requirement (b)(65); for certain navigable waters of the
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Upper Mississippi River under one of comment period that ended on October bridge owner, the repair contractor, and
the navigable spans of the Sabula 15, 2018, we received two comments. vessel operators since the initial
Railroad Drawbridge at mile marker Under 5 U.S.C. 553(d)(3), the Coast incident on September 16, 2018. Other
(MM) 535. The RNA is necessary to Guard finds that good cause exists for than requesting a total closure of the
protect persons, vessels, and the marine making this rule effective less than 30 Iowa span and expressing disagreement
environment from potential hazards days after publication in the Federal with the Coast Guard’s rule generally,
associated with emergency repair work Register. Delaying the effective date of Canadian Pacific Railway did not
to the Sabula Railroad Bridge following this rule would be contrary to public present any facts, data, or engineering
a vessel’s allision with the bridge. The interest because immediate action is analysis to the Coast Guard to support
regulation applies only to southbound needed to respond to the potential why a total closure is necessary, or
vessel transits through the RNA, and safety hazards associated with propose alternate vessel operating
depending on the water flow as emergency bridge repairs. requirements. Although the repairs have
measured from Lock and Dam 12, this III. Legal Authority and Need for Rule been substantially completed, Canadian
regulation either prohibits transit or Pacific Railway engineers may contact
establishes operating requirements The Coast Guard is issuing this rule the Sector Upper Mississippi River at
unless a deviation is authorized by the under authority in 33 U.S.C. 1231. The any time with further information.
Captain of the Port Sector Upper Eighth District Commander has There are no changes in regulatory text
Mississippi River or a designated determined that potential hazards of this rule from the temporary final
representative. associated with emergency bridge rule.
repairs following an allision will be a This rule establishes a temporary
DATES: This rule is effective from safety concern for vessels transiting regulated navigation area from
November 29, 2018 through November southbound through the right September 21, 2018 through November
30, 2018. descending span, also known as Iowa 30, 2018, or until the emergency bridge
ADDRESSES: To view documents span, of the Sabula Railroad repairs are completed, whichever occurs
mentioned in this preamble as being Drawbridge. This rule is necessary to first. The regulated area covers all
available in the docket, go to https:// protect persons, vessels, and the marine navigable waters of the Upper
www.regulations.gov, type USCG–2018– environment on the navigable waters of Mississippi River under the right
0917 in the ‘‘SEARCH’’ box and click the Upper Mississippi River while the descending bank span, also known as
‘‘SEARCH.’’ Click on Open Docket bridge is being repaired. The duration of the Iowa span, of the Sabula Railroad
Folder on the line associated with this this rule is intended to cover the period Drawbridge at mile marker (MM) 535.
rule. of emergency repairs. This rule applies only to southbound
FOR FURTHER INFORMATION CONTACT: If IV. Discussion of Comments, Changes, vessel transits through the RNA, and
you have questions on this rule, call or and the Rule depending on the water flow as
email Lieutenant Commander Kody measured from Lock and Dam 12, this
As noted above, we received two regulation either prohibits transit or
Stitz, Sector Upper Mississippi River comments on our temporary final rule
Prevention Department U.S. Coast establishes operating requirements
published on September 28, 2018. One unless a deviation is authorized by the
Guard; telephone 314–269–2568, email comment was unrelated to the substance
Kody.J.Stitz@uscg.mil. Captain of the Port Sector Upper
of the rule, and one comment was not Mississippi River or a designated
SUPPLEMENTARY INFORMATION: in favor of the rule. The commenter not representative.
I. Table of Abbreviations in favor of the rule disagreed that any When the water flow rate as measured
navigation should be allowed through from Lock and Dam 12 is 100kcfs or
CFR Code of Federal Regulations the right descending bank span, also
COTP Captain of the Port Sector Upper
greater, vessels are prohibited from
known as the Iowa span, of the Sabula transiting southbound through the RNA
Mississippi River
DHS Department of Homeland Security
Railroad Drawbridge at mile marker unless authorized by the Captain of the
FR Federal Register (MM) 535 until the rest pier repairs Port Sector Upper Mississippi River
NPRM Notice of proposed rulemaking were ‘‘substantial[ly] complet[ed].’’ The (COTP) or a designated representative.
§ Section commenter stated that the Coast Guard When the water flow rate as measured
U.S.C. United States Code failed to engage with Canadian Pacific from Lock and Dam 12 is less than
Railway engineers to evaluate safety 100kcfs, vessels may transit southbound
II. Background Information and
concerns, and expressed general through the RNA only if navigating at
Regulatory History
dissatisfaction that the Coast Guard’s their slowest safe speed and avoiding
On September 16, 2018, a vessel risk analysis was not fairly balanced contact with any part of the Sabula
allided with the Sabula Railroad against the elevated risks to the bridge Railroad Drawbridge and the
Drawbridge and immediate action was pier or potential impact to railroad unprotected rest pier located on the
needed to respond to the potential traffic. right descending side of the Sabula
hazards associated with emergency The Coast Guard respectfully Railroad Drawbridge.
bridge repairs. On September 28, 2018, disagrees. As a preliminary matter, our When the water flow rate as measured
the Coast Guard published a temporary rule does provide for a prohibition of from Lock and Dam 12 is less than
final rule; request for comments titled southbound navigation under the Iowa 100kcfs, vessels engaged in towing may
Regulated Navigation Area; Upper span under certain conditions. transit southbound through the RNA
Mississippi River, Sabula Railroad Moreover, because the emergency only if the size of the tow does not
khammond on DSK30JT082PROD with RULES
Drawbridge, Mile Marker 535, Sabula, repairs are necessary only for the rest exceed 15 barges, the towing vessel
IA (83 FR 48954). There we stated why pier, rather than the actual bridge possesses a minimum of 250
we issued the temporary final rule, and support piers, a total closure of horsepower per loaded barge in the tow,
invited comments on our proposed waterway traffic may not be necessary and the towing vessel uses an assist
regulatory action related to the under all conditions. The Coast Guard vessel of at least 1,000 horsepower
operational restrictions in the regulated inspected the initial damage to the rest when pushing three or more barges. If
navigation area (RNA). During the pier, and has been engaged with the an assist vessel is required by this rule,
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National Environmental Policy Act of through November 30, 2018, or until the they provide an equivalent level of
1969 (42 U.S.C. 4321–4370f), and have emergency bridge repairs are completed, safety.
determined that this action is one of a whichever occurs first. (6) The COTP or a designated
category of actions that do not (c) Applicability. This section only representative may determine, on a
individually or cumulatively have a applies to vessels transiting southbound case-by-case basis, that although the
significant effect on the human through the RNA. conditions triggering the RNA may be
environment. This rule involves a (d) Regulations. (1) In accordance met, the current potential hazards do
regulated navigation area lasting with the general regulations contained not require that each requirement of the
approximately two months that in 33 CFR 165.11, and 165.13, when the RNA be enforced and that only certain
prohibits entry or establishes vessel water flow rate as measured from Lock of the above-prescribed restrictions are
operating requirements for southbound and Dam 12 is 100 KCFS or greater necessary under the circumstances. The
transits through the right descending vessels are prohibited from transiting COTP or a designated representative
span of the Sabula Railroad Drawbridge southbound through the RNA unless may consider environmental factors, the
on the Upper Mississippi River while authorized by the Captain of the Port water flow rate at Lock and Dam 12,
emergency repairs are made to the Sector Upper Mississippi River (COTP) mitigating safety factors, and the
bridge. It is categorically excluded from or a designated representative. completion progress of bridge the
further review under paragraph L60 (d) (2) When the water flow rate as repairs among other factors. The COTP
of Appendix A, Table 1 of DHS measured from Lock and Dam 12 is less or a designated representative shall
Instruction Manual 023–01–001–01, than 100 kcfs, vessels may transit broadcast such notice of such
Rev. 01. A Record of Environmental southbound through the RNA only determination and any changes under
Consideration supporting this under the following conditions: the provisions of paragraph (e).
determination is available in the docket (i) Vessels shall operate at their (e) Notice of requirements. Notice that
where indicated under ADDRESSES. slowest safe speed. these vessel operational conditions are
(ii) Vessels avoid contacting any part anticipated to be put into effect, or are
G. Protest Activities in effect, will be given by Broadcast
of the Sabula Railroad Drawbridge and
The Coast Guard respects the First the unprotected rest pier located on the Notice to Mariners, Local Notices to
Amendment rights of protesters. right descending side of the Sabula Mariners, and/or actual notice, as
Protesters are asked to contact the Railroad Drawbridge. appropriate.
person listed in the FOR FURTHER (3) When the water flow rate as Dated: November 15, 2018.
INFORMATION CONTACT section to measured from Lock and Dam 12 is less P.F. Thomas,
coordinate protest activities so that your than 100 kcfs, vessels engaged in towing Rear Admiral, U.S. Coast Guard, Commander,
message can be received without may transit southbound through the Eighth Coast Guard District.
jeopardizing the safety or security of RNA only under the following [FR Doc. 2018–25981 Filed 11–28–18; 8:45 am]
people, places, or vessels. conditions: BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165 (i) The size of the tow does not exceed
15 barges; and
Harbors, Marine safety, Navigation (ii) The towing vessel possesses a
(water), Reporting and recordkeeping ENVIRONMENTAL PROTECTION
minimum of 250 horsepower per loaded
requirements, Security measures, AGENCY
barge in tow, and
Waterways. (iii) When pushing more than two 40 CFR Part 52
For the reasons discussed in the barges, an assist vessel of at least 1,000
preamble, the Coast Guard amends 33 horsepower must be utilized. [EPA–R09–OAR–2016–0711; FRL–9986–61–
CFR part 165 as follows: Region 9]
(A) Prior to entering the RNA, the
assist tow vessel and the primary tow Air Plan Approval; California; South
PART 165—REGULATED NAVIGATION vessel shall discuss a plan to transit
AREAS AND LIMITED ACCESS AREAS Coast Air Quality Management District
through the bridge, and
(B) Both the primary and assist towing AGENCY: Environmental Protection
■ 1. The authority citation for part 165
vessel shall be capable of continuous Agency (EPA).
continues to read as follows:
two way voice communication while ACTION: Final rule.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; transiting through the bridge.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; SUMMARY: The Environmental Protection
(4) If an assist vessel is required under
Department of Homeland Security Delegation Agency (EPA) is taking final action to
No. 0170.1. this section, before entering the RNA:
(i) The assist vessel and the tow vessel approve a revision to the South Coast
■ 2. Add § 165.T08–0917 to read as Air Quality Management District
shall discuss a plan to transit through
follows: (SCAQMD) portion of the California
the bridge, and
§ 165.T08–0917 Regulated Navigation (ii) Both the assist vessel and the State Implementation Plan (SIP). This
Area; Upper Mississippi River, Sabula towing vessel shall be capable of revision concerns emissions of volatile
Railroad Drawbridge, Mile Marker 535, continuous two-way voice organic compounds (VOCs) from
Sabula, IA. communication while transiting through architectural coatings. We are approving
(a) Location. The following area is a the bridge. a local rule that regulates these emission
regulated navigation area (RNA): All (5) The COTP or a designated sources under the Clean Air Act (CAA
khammond on DSK30JT082PROD with RULES
navigable waters of the Upper representative may review, on a case-by- or the Act).
Mississippi River under the right case basis, alternatives to the minimum DATES: This rule will be effective on
descending bank span, also known as operating or towing requirements and December 31, 2018.
the Iowa span, of the Sabula Railroad conditions set forth in paragraphs ADDRESSES: The EPA has established a
Drawbridge at mile marker (MM) 535. (d)(2)–(d)(4) of this section and may docket for this action under Docket ID
(b) Effective period. This section is approve a deviation to these No. EPA–R09–OAR–2016–0711. All
effective from September 21, 2018 requirements and conditions should documents in the docket are listed on
VerDate Sep<11>2014 15:46 Nov 28, 2018 Jkt 247001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\29NOR1.SGM 29NOR1](https://thefederalregister.org/doc/83_FR_61553/page/4.svg)
Document Created: 2018-11-28 23:44:29
Document Modified: 2018-11-28 23:44:29
| 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. | |
| Dates | This rule is effective from November 29, 2018 through November 30, 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 61323 | |
| RIN Number | 1625-AA11 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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