[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47291-47293]
[FR Doc No: 2016-17333]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0467]
RIN 1625-AA00

Safety Zone; Tennessee River 385.0-387.0; Scottsboro, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for all waters
of the Tennessee River beginning at mile marker 385.0 and ending at
mile marker 387.0. This safety zone is necessary to protect persons,
property, and infrastructure from potential damage and safety hazards
associated with the demolition of the B.B. Comer Bridge. This
rulemaking would prohibit persons and vessels from entering the safety
zone area unless authorized by the Captain of the Port Ohio Valley or a
designated representative.

DATES: This rule is effective without actual notice from July 21, 2016
until August 1, 2016. For the purposes of enforcement, actual notice
will be used from May 31, 2016 until July 21, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0467 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 Petty Officer Ashley Schad, MSD Nashville, Nashville, TN,
at<PHONE_NUMBER> or at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 May 27, 2016, the Contract Drilling and Blasting representative
submitted a CG-4260 to the Coast Guard for blasting operations that
would take place from May 31, 2016 to August 1, 2016 during the
demolition of the B.B. Comer Bridge on the Tennessee River at mile
marker 386.0. The blasting operations will take place at various times
and dates determined by environmental factors. The Captain of the Port
Ohio Valley (COTP) has determined that this safety zone is necessary to
protect persons, property, and infrastructure before, during, and after
blasting operations.
    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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was informed of this
project in early May, but full details of blasting operations on or
over a Navigable Waterway were not provided until May 27, 2016 with a
start date of May 31, 2016. The notification of blasting requirements
were made only a few days before the project is scheduled to begin.
Immediate action is needed to respond to potential safety hazards
related to blasting operations on or over this navigable waterway. It
is impracticable to publish an NPRM because we must establish this
safety zone by May 31, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it 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 establish a safety zone to protect
persons, property, and infrastructure whenever blasting operations take
place on the B.B. Comer Bridge from May 31, 2016 until August 1, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Ohio Valley (COTP) has determined the
need to protect persons, property, and infrastructure during the
blasting operations taking place on the B.B. Comer Bridge on the
Tennessee River at mile marker 386.0. This rule is needed to protect
personnel, vessels, and these navigable waters before, during, and
after blasting operations take place.

IV. Discussion of the Rule

    The Captain of the Port Ohio Valley is establishing this safety
zone from May 31, 2016 through August 1, 2016, for all waters of the
Tennessee River beginning at mile marker 385.0 and ending at mile
marker 387.0. The periods of enforcement will be 30 minutes prior to,
during, and 30 minutes after any blasting operation that takes place on
the B.B. Comer Bridge. The Coast Guard was informed that there would be
between 9 and 12 blasting operations that will take place during
daylight hours and will last approximately one hour on each occurrence.
Safety zone enforcement times will be announced via Broadcast Notice to
Mariners (BNM), Local Notices to Mariners (LNM), or through other
public notice and at least 12-24 hour notice will be provided before
each enforcement period. Any deviation from this rule are prohibited
unless specifically authorized by the COTP Ohio Valley, or a designated
representative. Deviations requests will be considered and reviewed on
a case-by-case basis. The COTP Ohio Valley may be contacted by
telephone at 1-800-253-7465 or can be reached by VHF-FM channel 16.
    The duration of each safety zone enforcement period is intended to
protect persons, property, and infrastructure from safety hazards
associated with blasting operations. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
establishing appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive order 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone.
    This safety zone prohibits transit on the Tennessee River from mile
385.0 to mile 387.0, 30 minutes prior to, during, and 30 minutes after
blasting operations on the B.B. Comer bridge from May 31, 2016 through
August 1, 2016. Broadcast Notices to Mariners and Local Notices to
Mariners will also inform the community of the safety zone enforcement
periods through BNM, LNM and other forms of public notice so that they
may plan accordingly for each short enforcement period restricting
transit. Vessel traffic may request permission from the COTP Ohio
Valley or a designated representative to enter the restricted area.

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
safety zone area may be small entities, for the reasons stated in
section V.A above this rule would 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 area safety zone that would prohibit entry to
unauthorized vessels. It is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

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 U.S. 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.

0
2. A new temporary Sec.  165.35T08-0467 is added to read as follows:

Sec.  165.35T08-0467  Safety Zone; Tennessee River Mile 385.0 to 387.0
Scottsboro, AL.

    (a) Location. All waters of the Tennessee River beginning at mile
marker 385.0 and ending at mile marker 387.0 Scottsboro, AL.
    (b) Effective date. This rule is effective from May 31, 2016
through August 1, 2016.
    (c) Periods of Enforcement. This rule will be enforced from 30
minutes prior to and 30 minutes after all blasting operations on the
B.B. Comer Bridge. The Captain of the Port Ohio Valley or a designated
representative will inform the public through Broadcast Notice to
Mariners (BNM), Local Notices to Mariners (LNM), or through other
public notice and at least 12-24 in advance of each enforcement period.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into this area is prohibited unless authorized by the
Captain of the Port Ohio Valley or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the
area must request permission from the Captain of the Port Ohio Valley
or a designated representative. U.S. Coast Guard Sector Ohio Valley may
be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.

    Dated: May 31, 2016.
R. V. Timme,
Captain, U. S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-17333 Filed 7-20-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Pages 59408-59409]
[FR Doc No: 2012-23772]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-0804]

Finding of Equivalence; Alternate Pressure Relief Valve Settings
on Certain Vessels Carrying Liquefied Gases in Bulk

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of CG-ENG Policy
Letter 04-12, ``Alternative Pressure Relief Valve Settings on Vessels
Carrying Liquefied Gases in Bulk in Independent Type B and Type C
Tanks.'' Existing Coast Guard regulations regarding the allowable
stress factors for type B and type C independent cargo tanks are more
stringent than the International Maritime Organization (IMO) standards
for such cargo tanks. Materials, manufacturing, and inspections have
advanced since the Coast Guard first promulgated regulations on
allowable stress factors on May 3, 1979. CG-ENG Policy Letter 04-12
establishes that for certain type B and type C independent cargo tanks
that are designed and manufactured using advanced techniques, the IMO
standards for allowable stress factors provide a level of safety
protection equivalent to the standards in 46 CFR 154.447 and 46 CFR
154.450.

DATES: CG-ENG Policy Letter 04-12 is effective as of September 27,
2012.

ADDRESSES: This notice and the documents referenced within are
available in the docket and can be viewed by going to
www.regulations.gov, and using ``USCG-2012-0804'' as your search term.
CG-ENG Policy Letter 04-12 is also available at www.uscg.mil and can be
viewed by clicking the link to the Office of Design and Engineering
Standards (CG-ENG) under the ``Units,'' ``USCG Headquarters
Organization,'' and ``CG-5P'' tabs, and scrolling down to ``Policy
Documents.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Cynthia A. Znati, CG-ENG-5, U.S. Coast Guard; telephone
(202) 372-1412, email<EMAIL_ADDRESS>

If you have questions on viewing material in the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The IMO first adopted the International Code for the Construction
and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code) on
November 12, 1975. The current version of the IGC Code is the 1993
Edition, as amended through December 5, 1996. On May 3, 1979, the Coast
Guard promulgated regulations based largely on the IGC Code, but
adopted the stricter standards of the American Society of Mechanical
Engineers (ASME) Boiler and Pressure Vessel Code (BPVC) Section VIII
with respect to allowable stress factors. Coast Guard regulations in 46
CFR 154.447 and 154.450 regarding allowable stress factors for type B
and type C independent cargo tanks have remained unchanged since May 3,
1979.
    Coast Guard regulations in 46 CFR 154.447 and 154.450 require that
self-propelled ships carrying liquefied bulk gases in type B and type C
tanks use stress factors that are higher than those in the IGC Code.
The higher stress factors lead to lower maximum allowable relief valve
settings (MARVS) than are allowed by the IGC code. Accordingly, ships
with type B or type C tanks that travel from international waters to
U.S. territorial waters must have two pressure relief valve (PRV)
settings per tank, and they must switch PRV settings upon entering U.S.
territorial waters. We believe that in many cases, switching between
these two PRV settings is not necessary for safety purposes.

Finding of Equivalence

    According to 46 CFR 154.32, vessels may meet an alternate standard
if the Commandant determines that the alternate standard provides an
equivalent or greater level of protection for the purpose of safety. We
recognize that advances have been made with respect to materials,
manufacturing, and inspection since we first promulgated 46 CFR 154.447
and 154.450. Therefore, as specified in CG-ENG Policy Letter 04-12 and
below, we have determined that for tanks designed and manufactured with
advanced techniques, the stress factors in the IGC Code provide a level
of safety equivalent to current Coast Guard regulations.
    Tanks manufactured consistent with certain conditions are
considered to meet the level of safety required in 46 CFR 154.447 and
154.450. Tanks that meet the following two requirements may use the
MARVS as determined by the IGC Code:
    (1) The tank must be designed and built according to the IGC code,
1993 Edition, including all amendments through December 5, 1996; and
    (2) The classification society that certified the tank must be
authorized to issue an International Certificate of Fitness for the
Carriage of Liquefied Gases in Bulk (Certificate of Fitness) and must
be authorized to participate in the Coast Guard's Alternate Compliance
Program. See http://www.uscg.mil/hq/cg5/acp/ for further information.

Tanks that do not meet both of these requirements must comply with
current Coast Guard regulations in 46 CFR 154.447 or 154.450.
Alternatively, persons may request approval from the Commandant (CG-
ENG-5, formerly CG-522) to use an alternate pressure relief valve
setting for such tanks. Equivalency requests must include the
information required in 46 CFR 154.32(b) and should also include a copy
of the Certificate of Fitness.
    The guidance in this notice and CG-ENG Policy Letter 04-12 is not a
substitute for applicable legal requirements, nor is in itself a
regulation. It is not intended to nor does it impose legally-binding
requirements on any party. It represents the Coast Guard's current
thinking on this topic and may assist industry, mariners, the general
public, and the Coast Guard, as well as other federal and state
regulators, in applying U.S. statutory and regulatory requirements.
    This notice is issued under authority of 46 U.S.C. 3703, 46 U.S.C.
9101, 5 U.S.C. 552(a), 46 CFR 154.32, and 33 CFR 1.05-1.

    Dated: September 13, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-23772 Filed 9-26-12; 8:45 am]
BILLING CODE 9110-04-P