66622 Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Rules and Regulations 

deviation allows the bridge to remain 

temporarily closed to navigation for an 

additional one hour in the evening 

during weekdays for two months. 

DATES: This deviation is effective from 

5:30 p.m. on Friday, December 26, 2014 

through 6:30 p.m. on Friday, February 

20, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2014–0960] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email David Frank, 

Bridge Administration Branch, Coast 

Guard; telephone 504–671–2128, email 

David.M.Frank@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl F. Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: A member 

of the Louisiana State Legislature 

requested a temporary deviation from 

the operating schedule on the Louisiana 

State Route 23 (SR 23) vertical lift span 

bridge, also known as the Judge Perez 

Bridge, across the Gulf Intracoastal 

Waterway (Algiers Alternate Route), 

mile 3.8, at Belle Chasse, Plaquemines 

Parish, Louisiana. The deviation 

requested allows the bridge to remain 

closed to navigation for an additional 

one hour in the evening, Monday 

through Friday, for two months. This 

same deviation was effective from early 

March 2014 through April 2014, and no 

issues resulted. 

The Louisiana Legislature requested 

this deviation due to a change in the 

work schedule and increased work force 

related to a major plant reconstruction 

at the Conoco/Phillips Refinery in 

Alliance. During this change, a 

temporary deviation will assist in the 

safe movement of vehicular traffic 

across the bridge and will also help to 

minimize the effects of the additional 

traffic on local residents. 

Presently, in accordance with 33 CFR 

117.451(b), the draw shall open on 

signal; except that, from 6 a.m. to 8:30 

a.m. and from 3:30 p.m. to 5:30 p.m. 

Monday through Friday, except Federal 

holidays, the draw need not open for the 

passage of vessels. 

This temporary deviation allows the 

vertical lift bridge to remain closed to 

navigation for one additional hour in 

the afternoon. This additional hour 

extends the afternoon curfew hours to 

6:30 p.m. Monday through Friday 

beginning December 26, 2014 through 

February 20, 2015. In case of an 

emergency, the bridge will be able to 

open for the passage of vessels. 

The State Route 23 vertical lift span 

drawbridge across the Gulf Intracoastal 

Waterway (Algiers Alternate Route), 

mile 3.8, at Belle Chasse, Louisiana has 

a vertical clearance of 40 feet above 

mean high water in the closed-tonavigation position and 100 feet above 

mean high water in the open-tonavigation position. Navigation on the 

waterway consists primarily of tugs 

with tows, commercial fishing vessels, 

and occasional recreational craft. 

Mariners may use the Gulf Intracoastal 

Waterway (Harvey Canal) to avoid 

unnecessary delays. The Coast Guard 

has coordinated this closure with the 

Gulf Intracoastal Canal Association 

(GICA). The GICA representative 

indicated that the vessel operators will 

be able to schedule transits through the 

bridge to avoid delays and significant 

impacts on operations. Due to prior 

experience, as well as coordination with 

waterway users, it has been determined 

that this closure will not have a 

significant effect on these vessels. 

In accordance with 33 CFR 117.35, 

the draw bridge must return to its 

regular operating schedule immediately 

at the end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 27, 2014. 

David M. Frank, 

Bridge Administrator, Eighth Coast Guard 

District. 

[FR Doc. 2014–26531 Filed 11–7–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2013–0907] 

RIN 1625–AA00 

Safety Zones; Upper Mississippi River 

Between Mile 38.0 and 46.0, Thebes, IL; 

and Between Mile 78.0 and 81.0, Grand 

Tower, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: The Coast Guard is 

establishing safety zones for all waters 

of the Upper Mississippi River (UMR) 

from mile 38.0 to 46.0 and from mile 

78.0 to 81.0. These safety zones are 

needed to protect persons, property, and 

infrastructure from potential damage 

and safety hazards associated with 

subsurface rock removal in the Upper 

Mississippi River. Any deviation from 

the conditions and requirements put 

into place are prohibited unless 

specifically authorized by the cognizant 

Captain of the Port (COTP) Ohio Valley 

or his designated representatives. 

DATES: This rule is effective November 

10, 2014. Comments and related 

material must be received by the Coast 

Guard on or before December 10, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2013–0907]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may submit comments, identified 

by docket number, using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: (202) 493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Dan McQuate, U.S. Coast 

Guard; telephone 270–442–1621, email 

daniel.j.mcquate@uscg.mil. If you have 

questions on viewing or submitting 


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Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Rules and Regulations 66623 

material to the docket, call Cheryl F. 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

AIS Automated Information System 

BNM Broadcast Notice to Mariners 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

LNM Local Notice to Mariners 

MM Mile Marker 

MSU Marine Safety Unit 

M/V Motor Vessel 

NPRM Notice of Proposed Rulemaking 

RIAC River Industry Action Committee 

UMR Upper Mississippi River 

USACE United States Army Corps of 

Engineers 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

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 or recommendation. 

You may submit your comments and 

material online at http://

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on ‘‘Submit 

a Comment’’ on the line associated with 

this rulemaking 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this rulemaking. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one, using one of the methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

B. Regulatory History and Information 

Based on forecasted historical low 

water on the UMR in the fall of 2012, 

the USACE contracted subsurface rock 

removal operations in Thebes, IL to 

mitigate the effects of the forecasted low 

water event. In order to provide 

additional safety measures and regulate 

navigation during low water and the 

planned rock removal operations, the 

Coast Guard published a temporary final 

rule in the Federal Register for an RNA 

from mile 0.0 to 185.0 UMR (77 FR 

75850). The RNA was in effect from 

December 1, 2012 until March 31, 2013, 

which is when river levels rebounded 

and the subsurface rock removal 

operation was delayed because of high 

water levels. During the effective period 

for this temporary RNA, restrictions 

were enforced for a total of 

approximately 45 days. 

In the fall of 2013, based on changing 

river conditions, low water was again 

forecasted and the USACE’s contracted 

subsurface rock removal operations in 

Thebes, IL were scheduled to resume. 

The Coast Guard then published a 

second temporary final rule in the 

Federal Register re-establishing the 

RNA (78 FR 70222). Based on the 

forecasted water levels and the plans 

and needs for the resumed rock removal 

operations, the RNA covered a smaller 

river section extending from mile 0.0 to 

109.9 on the UMR. The RNA was 

implemented to ensure the safety of the 

USACE contractors and marine traffic 

during the actual rock removal work, 

and to support the safe and timely 

clearing of vessel queues at the 

conclusion of the work each day. The 

RNA was in effect from November 4, 

2013 until April 12, 2014, but was only 

enforced from December 10, 2013 until 

February 19, 2014 due to water levels 

increasing and forcing the USACE 

contractors to cease rock removal 

operations. During the times the RNA 

was enforced, the Coast Guard worked 

with the USACE, RIAC, and the USACE 

contractor to implement river closures 

and various restrictions to maximize the 

size of tows that could safely pass while 

keeping the USACE contractor crews 

safe. The Coast Guard also assisted in 

clearing vessel queues after each closure 

or restriction. 

On April 17, 2014, MSU Paducah 

contacted USACE St. Louis to determine 

if subsurface rock removal operations 

will be conducted in the Upper 

Mississippi River in the vicinity of 

Thebes, IL in future years. USACE St. 

Louis reported that such operations are 

anticipated to continue as river 

conditions permit, and that there are 

multiple phases of subsurface rock 

removal operations remaining. On 

August 28, 2014 USACE St. Louis 

notified the Coast Guard that based on 

recently acquired data, rock removal 

operations will also be required in the 

Upper Mississippi River between miles 

78.0 and 81.0 at Grand Tower, IL in the 

future. 

USACE St. Louis also informed the 

Coast Guard that the environmental 

window for these operations each year 

moving forward is July 1 to April 12. 

However, river conditions likely will 

not permit work for the majority of that 

timeframe each year, and in some years 

river conditions may not permit any 

work on this project to be completed. 

This project is expected to go on 

indefinitely when river conditions 

permit during the allowable times 

within the environmental windows. For 


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66624 Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Rules and Regulations 

continuity and based on the necessary 

restrictions, USACE St. Louis requested 

continued involvement of the Coast 

Guard for navigation expertise and 

facilitating restrictions with users of the 

waterway and the contractor. According 

to USACE St. Louis, the majority of the 

rock removal operations will impact 

vessel traffic and requested that the 

Coast Guard establish restrictions under 

33 CFR Part 165, Regulated Navigation 

Areas and Limited Access Areas to 

maintain safety of navigation during the 

rock removal project. The Coast 

determined that safety zones, one type 

of Limited Access Area provided for 

under 33 CFR Part 165, will provide the 

necessary additional safety measures to 

ensure commerce can continue to 

navigate safely while the contractors are 

working. These safety zones limit access 

to specific areas of the river during rock 

removal operations rather than creating 

a larger regulated area encompassing the 

entire stretch of river where the work 

may take place. 

The Coast Guard is issuing this 

interim 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. This interim 

rule is effective upon publication 

without prior notice through 

publication in the Federal Register, but 

also invites comments regarding the 

creation of permanent safety zones 

before the rule is published in final 

form. The Coast Guard will address all 

comments accordingly, whether through 

response, additional revision to the 

regulation, or otherwise. Completing the 

full NPRM process would cause an 

unnecessary delay in publishing 

enforceable safety zones. This interim 

rule affords the public the opportunity 

to comment while the safety zones are 

in place but before making it a final 

rule. 

For this year, the rock removal 

operations could begin again as soon as 

September 15, 2014. The commercial 

towing vessel industry, through RIAC, 

has been notified that these operations 

will be conducted in future years and 

the additional restrictions provided by 

the safety zones will be necessary 

during that work. Other restrictions 

encompassing larger sections of the 

river have been in place through 

temporary RNAs during the last two 

work seasons in 2012 and 2013. The 

Coast Guard did not receive any 

feedback causing us to believe the 

public opposes restrictions for future 

years to continue facilitating safe 

navigation and commerce during the 

subsurface rock removal operations, 

being conducted to benefit the towing 

industry during future low water events. 

For the same reasons, 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. 

Providing 30 day notice would 

unnecessarily delay the safety zones 

effective date for restrictions that may 

need to go into effect as soon as 

September 15, 2014. 

C. Basis and Purpose 

The legal basis and authorities for this 

rule are found in 33 U.S.C. 1231; 46 

U.S.C. Chapter 701, 3306, 3703; 50 

U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 

6.04–6, and 160.5; Public Law 107–295, 

116 Stat. 2064; and Department of 

Homeland Security Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to establish and define 

safety zones. 

The purpose of these safety zones are 

to protect persons and vessels while 

subsurface rock removal operations are 

ongoing on the UMR from mile 38.0 to 

mile 46.0 and from mile 78.0 to mile 

81.0. The removal operations pose 

significant safety hazards to vessels and 

mariners operating on the UMR. At the 

previous request of RIAC and after 

reviewing best practices from the 

previous temporary RNAs in effect in 

2012 and 2013, the Coast Guard plans 

to assist in facilitating the clearing of 

vessel queues in future years following 

restricted access on the UMR from mile 

38.0 to mile 46.0 and from mile 78.0 to 

mile 81.0. For these reasons, the Coast 

Guard is to establishing these safety 

zones to limit vessel access between 

mile 38.0 and mile 46.0, and between 

mile 78.0 and mile 81.0 on the UMR. 

Once comments to this interim rule are 

received and addressed, the intent is to 

follow with a final rule. The final rule 

will address and take into account as 

necessary comments made during 

comment period for this interim rule. 

D. Discussion of the Interim Rule 

The Coast Guard is establishing these 

safety zones for all vessel traffic on the 

UMR from mile 38.0 to mile 46.0, and 

from mile 78.0 to mile 81.0, extending 

the entire width of the river. These 

safety zones will be enforced based on 

the actual or planned subsurface rock 

removal operations between mile 38.0 

and mile 46.0 and between mile 78.0 

and mile 81.0. Restrictions and 

requirements for these safety zones and 

related to approval to transit through 

these safety zones will be the minimum 

necessary to protect persons, property, 

and infrastructure from the potential 

hazards associated with low water and 

subsurface rock removal operations. 

Such restrictions may include, but are 

not limited to, river closures, tow size, 

tow configuration, vessel/barge draft, 

assist vessels, speed, hours of transit, 

and one-way traffic. These restrictions, 

in addition to required use of AIS when 

fitted, and vessel reporting previously 

existed under temporary RNA’s (77 FR 

75850 and 78 FR 70222) covering a 

much broader segment of the UMR. 

Enforcement times and specific 

restrictions and requirements will be 

announced via Broadcast Notice to 

Mariners (BNM), through outreach with 

the RIAC, through LNM, or through 

other public notice. Any deviation from 

the requirements put into place are 

prohibited unless specifically 

authorized by the COTP Ohio Valley, or 

a designated representative. Requests to 

deviate from the specific restrictions 

and regulations 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. 

E. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes or 

executive orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

This rule establishes safety zones for 

vessels on all waters of the UMR from 

mile 38.0 to mile 46.0, and from mile 

78.0 to mile 81.0. The safety zones listed 

in this interim rule will only restrict 

vessel traffic from entering, transiting, 

or anchoring within specific sections of 

the UMR. Notifications of enforcement 

times and restrictions put into effect for 

these safety zones will be 


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communicated to the marine 

community via BNM, through outreach 

with RIAC, and through LNMs. Such 

notices provide the opportunity for 

industry to plan transits accordingly 

and work around the schedule of rock 

removal operations as necessary. The 

impacts on navigation will be limited to 

ensuring the safety of mariners and 

vessels associated with hazards 

presented by USACE contractor 

operations involving subsurface rock 

removal, and the safe and timely 

resumption of vessel traffic following 

any river closures or restrictions 

associated with subsurface rock removal 

operations. Restrictions under these 

safety zones will be the minimum 

necessary to protect mariners, vessels, 

the public, and the environment from 

known or perceived risks. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit the UMR 

during USACE contracted subsurface 

rock removal operations. These safety 

zones will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. While the safety 

zones listed in this interim rule will 

restrict vessel traffic from entering, 

transiting, or anchoring within specific 

sections of the UMR, this rule does 

allow for the intermittent passing of 

vessels. Traffic in this area is limited to 

almost entirely recreational vessels and 

commercial towing vessels subject to 

noticed restrictions and requirements. 

Notifications to the marine community 

will be made through BNM, LNM, and 

communications with RIAC. Notices of 

changes to the safety zones and 

enforcement times will also be made. 

Additionally, deviation from the 

restrictions may be requested from the 

COTP Ohio Valley or designated 

representative and will be considered 

on a case-by-case basis. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104– 

121), we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 


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of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

creation of safety zones from mile 38.0 

to mile 46.0, and from mile 78.0 to mile 

81.0 UMR. This rule is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be made available as indicated under 

the ADDRESSES. We seek any comments 

or information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. A new § 165.842 is added to read 

as follows: 

§ 165.842 Safety Zone; Upper Mississippi 

River between mile 38.0 and mile 46.0, 

Thebes, IL; and between mile 78.0 and mile 

81.0, Grand Tower, IL. 

(a) Location. The following areas are 

safety zones: All waters of the Upper 

Mississippi River from mile 38.0 to mile 

46.0, Thebes, IL; and from mile 78.0 to 

mile 81.0, Grand Tower, IL, extending 

the entire width of the river. 

(b) Effective dates. These safety zones 

are effective beginning November 10, 

2014. Enforcement times and the 

requirements of this safety zones will be 

noticed as soon as is practicable before 

subsurface rock removal operations 

begin, actual notice will be used and 

additional notices made through 

Broadcast Notices to Mariners (BNM), or 

Local Notices to Mariners (LNM). 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this area is 

prohibited unless authorized by the 

Captain of the Port (COTP) Ohio Valley 

or a designated representative. 

(2) The Captain of the Port (COTP) 

Ohio Valley may prescribe, for all or 

specific portions of the safety zones, 

periods of enforcement and minimum 

operational requirements necessary to 

enter, transit through, or stop within the 

safety zone in order to preserve safe 

navigation on the Upper Mississippi 

River during subsurface rock removal 

operations and clearing of vessel queues 

following rock removal operations, 

including, but not limited to, the 

required use of assist vessels; and 

restrictions on the following: 

(i) Tow size; 

(ii) Tow configuration; 

(iii) Vessel/barge draft; 

(iv) Speed; 

(v) Under keel clearance; 

(vi) Hours of transit; and 

(vii) One way traffic. 

(3) All persons and vessels must 

comply with any requirement 

prescribed under paragraph (c)(2) of this 

section. 

(4) Persons or vessels may request an 

exception from any requirement 

prescribed under paragraph (c)(2) of this 

section from the COTP Ohio Valley or 

a designated representative who may be 

a commissioned, warrant, or petty 

officer of the Coast Guard. The COTP 

Ohio Valley may be contacted by 

telephone at 1–800–253–7465 or on 

VHF–FM channel 16. 

(d) Enforcement. The COTP Ohio 

Valley will notify the public of the 

specific requirements prescribed under 

paragraph (c)(2) of this section and of 

the times when those requirements will 

be enforced or when enforcement will 

be suspended, using means designed to 

ensure maximum effectual notice 

including, but not limited to, broadcast 

notices to mariners (BNM) and 

communications through the River 

Industry Action Committee. 

Dated: September 16, 2014. 

R.V. Timme, 

Captain, U.S. Coast Guard, Captain of the 

Port Ohio Valley. 

[FR Doc. 2014–26669 Filed 11–7–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0808; FRL–9912–51– 

OAR] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Prevention of Significant Deterioration; 

Greenhouse Gas Tailoring Rule 

Revisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

two revisions to the Texas State 

Implementation Plan (SIP) submitted by 

the Texas Commission on 

Environmental Quality (TCEQ) to the 

EPA on October 5, 2010, and April 16, 

2014. Together, these two SIP submittals 

revise the Texas Prevention of 

Significant Deterioration (PSD) Program 

to provide for the regulation of 

greenhouse gas (GHG) emissions and 

clarify the applicability of Best 

Available Control Technology (BACT) 

for all PSD permit applications. The 

EPA is approving portions of the 

October 5, 2010, and April 16, 2014, SIP 

revisions to the Texas SIP and New 

Source Review (NSR) permitting 

program as consistent with federal 

requirements for PSD permitting of GHG 

emissions. The EPA is taking no action 

on the portion of the October 5, 2010, 

SIP revision which pertains to the Texas 

Minor NSR program for Qualified 

Facilities and portions of the April 16, 

2014, submittal that appear no longer 

appropriate for inclusion in the Texas 

SIP after the recent United States 

Supreme Court decision discussing 

greenhouse gas emissions. The EPA is 

approving this action under Section 110 

and Part C of the Clean Air Act (CAA). 

In a separate but simultaneous action 

published elsewhere in this issue of the 

Federal Register, the EPA is also 

rescinding the GHG PSD Federal 

Implementation Plan (FIP) for Texas, 

with three limited circumstances for 

retained authority. 

DATES: This final rule is effective on 

November 10, 2014. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0808. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. Contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT paragraph below to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley, Air Permits Section (6PD– 


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