[Federal Register Volume 74, Number 74 (Monday, April 20, 2009)]
[Rules and Regulations]
[Pages 17902-17905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8911]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0240]
RIN 1625-AAOO


Safety Zone, Red River, MN

AGENCY: Coast Guard, DHS.

[[Page 17903]]


ACTION: Temporary final rule.

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SUMMARY: The Coast Guard Captain of the Port, Marine Safety Unit 
Duluth, MN is establishing a temporary safety zone on the Red River, 
MN. This safety zone is being established to ensure, to the extent 
practicable, the safety of the public. The safety zone prohibits 
individuals from entering all navigable waters of the Red River, in the 
State of Minnesota, north of a line drawn across latitude 
46[deg]20'00'' N, including those portions of the river in Wilkin, 
Clay, Norman, Polk, Marshall and Kittson counties, extending to the 
United States-Canada international border.

DATES: This rule is effective from 12 p.m. on March 31, 2009 until 5 
p.m. on April 24, 2009. If the river conditions change such that 
enforcement of the Safety Zone is unnecessary prior to 5 p.m. on April 
24, 2009, the COTP will notify the public via a Broadcast Notice to 
Mariners.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2009-0240 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at two locations: the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
the Coast Guard Marine Safety Unit Duluth, MN, 600 S. Lake Avenue, 
Duluth, MN, 55802 between 7:30 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call LT Aaron Gross, Chief of Port Operations, Marine 
Safety Unit Duluth, 600 S. Lake Avenue, Duluth, MN 55802; (218) 720-
5286 Ext. 111. If you have questions on viewing the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be contrary to the 
emergency nature for which this safety zone is being established. 
Specifically, inclement weather has caused the Red River to flood, and 
in an effort to protect the public, to the extent practicable, from the 
dangers of the flood it is necessary to publish this temporary rule 
without notice and comment.
    For that same reason, 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.

Background and Purpose

    This temporary safety zone is necessary to ensure, to the extent 
practicable, the safety of the public from hazards involved with the 
flooding of the Red River. Restricted access to the Red River by the 
public will help protect persons and property from the dangers 
associated with the flooding along the Red River.

Discussion of Rule

    A temporary safety zone is necessary to ensure, to the extent 
practicable, the safety of and property from the hazards presented from 
the flooding of the Red River. The safety zone will be in effect from 
March 31, 2009 until 5 p.m. on April 24, 2009.
    The safety zone will encompass all navigable waters of the Red 
River in the State of Minnesota north of a line drawn across latitude 
46[deg]20'00'' N, including those portions of the river in Wilkin, 
Clay, Norman, Polk, Marshall and Kittson counties, extending to the 
United States-Canada international border.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port Duluth 
or his designated on-scene representative. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be in effect only until the Red River is deemed safe to 
transit. Further, vessel operators desiring to enter or operate within 
the safety zone may contact the Captain of the Port Duluth or his on-
scene representative to seek permission to do so.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small 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.

[[Page 17904]]

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
under the Instruction that there are no factors in this case that would 
limit the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. This temporary rule establishes a safety 
zone therefore paragraph (34)(g) of the Instruction applies.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. 3306, 3703 and 
Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T09-0240 to read as follows:


Sec.  165.T09-0240  Safety zone; Red River Safety Zone, Red River, MN.

    (a) Location. The following area is a temporary safety zone: all 
navigable waters of the Red River in the State of Minnesota north of a 
line drawn across latitude 46[deg]20'00'' N, including those portions 
of the river in Wilkin, Clay, Norman, Polk, Marshall and Kittson 
counties, to the United States--Canada international border.
    (b) Enforcement period. This rule will be enforced from 12 p.m. on 
March 31, 2009 until 5 p.m. on April 24, 2009. If the River conditions 
change such that enforcement of the Safety Zone is unnecessary prior to 
5 p.m. on April 24, 2009, the COTP will notify the public via a 
Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Duluth, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Duluth or his on-scene 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain

[[Page 17905]]

of the Port Duluth or his on-scene representative.

    Dated: March 31, 2009.
M.P. Lebsack,
Commander, U.S. Coast Guard, Captain of the Port, Duluth.
[FR Doc. E9-8911 Filed 4-17-09; 8:45 am]
BILLING CODE 4910-15-P