71020 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

TABLE I–15—SELECTION OF RETIREMENT RATE CATEGORY—Continued 

[For Plans with valuation dates after December 31, 2014, and before January 1, 2016] 

If participant reaches URA in year— 

Participant’s retirement rate category is— 

Low 1

if monthly benefit at URA is 

less than— 

Medium 2 if monthly benefit at 

URA is— 

High 3 if 

monthly 

benefit at URA 

is greater 

From— To— than— 

2017 ................................................................................................................. 631 631 2,667 2,667 

2018 ................................................................................................................. 646 646 2,728 2,728 

2019 ................................................................................................................. 661 661 2,791 2,791 

2020 ................................................................................................................. 676 676 2,855 2,855 

2021 ................................................................................................................. 691 691 2,921 2,921 

2022 ................................................................................................................. 707 707 2,988 2,988 

2023 ................................................................................................................. 724 724 3,057 3,057 

2024 ................................................................................................................. 740 740 3,127 3,127 

2025 or later .................................................................................................... 757 757 3,199 3,199 

1Table II–A. 

2Table II–B. 

3Table II–C. 

* * * * * 

Issued in Washington, DC, this 24th day of 

November, 2014. 

Judith Starr, 

General Counsel, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2014–28216 Filed 11–28–14; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0878] 

RIN 1625–AA00 

Safety Zone; Upper Mississippi River 

Between Mile 44 and 46; Thebes, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final Rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Upper Mississippi 

River, extending the entire width from 

mile 44 and 46. This safety zone is 

needed to protect persons, property, and 

infrastructure from potential damage 

and safety hazards associated with the 

removal of two 16 inch Enterprise 

pipelines in the navigation channel. 

Entry into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) Ohio Valley or a 

designated representative. 

DATES: This rule is effective without 

actual notice from December 1, 2014 

until January 31, 2015. For the purposes 

of enforcement, actual notice will be 

used from November 1, 2014, until 

December 1, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0878]. 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSU Paducah, U.S. Coast Guard; 

telephone 270–442–1621, email 

Heather.Norman@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl F. 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

APA Administrative Procedures Act 

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 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and 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)(3)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule as it would be 

impracticable and contrary to the public 

interest. On 23 September 2014, the 

Coast Guard received information about 

the scope and extent of a project, 

beginning 02 October 2014, involving 

the removal of two 16 inch Enterprise 

pipelines located at MM 45, Upper 

Mississippi River, Thebes, IL. Removal 

operations are anticipated to be 

approximately 4 hours per day until 

completion. The Coast Guard 

determined that immediate action is 

necessary to establish a safety zone to 

protect life and property from the 

hazards associated with and resulting 

from the pipeline removal. The Coast 

Guard was not advised of the scope and 

extent of this potentially hazardous 

condition in sufficient time to publish a 

NPRM. 

This safety zone may include closures 

and/or navigation restrictions and 

requirements that are vital to 

maintaining safe navigation on the 

Upper Mississippi River during the 

Enterprise pipeline removal. Therefore, 

delaying the effective date for this 

emergency safety zone to complete the 

NPRM process would be contrary to the 

public interest as it would delay the 

safety measures vital to safe navigation. 

Broadcast Notices to Mariners (BNM) 

and information sharing with the 

waterway users will update mariners of 

the restrictions, requirements, and 


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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 71021 

enforcement times during this 

emergency situation. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this 

emergency rule effective less than 30 

days after publication in the Federal 

Register. Providing 30 days notice 

would be contrary to public interest 

because immediate action is needed to 

protect life and property from the 

hazards associated with the Enterprise 

pipeline removal. 

B. 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; Pub. L. 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 this safety zone is to 

protect life and property from the 

hazards associated with the removal of 

two 16 inch pipelines at mile 45 Upper 

Mississippi River. The removal of the 

pipelines poses a hazard to vessel traffic 

while they are being removed. For this 

reason, the Coast Guard is prohibiting 

entry from mile 44 to 46 Upper 

Mississippi River by all vessels during 

the enforcement period announced by 

BNM unless authorized by the COTP 

Ohio Valley or a designated 

representative. 

C. Discussion of the Temporary Final 

Rule 

The Coast Guard is establishing a 

temporary safety zone for all vessel 

traffic on the Upper Mississippi River 

from mile 44 to mile 46, extending the 

entire width of the river. Entry into and 

through this zone is prohibited to all 

vessels and persons unless specifically 

authorized by the COTP Sector Ohio 

Valley or designated representative. 

This rule is effective from November 1, 

2014 to January 31, 2015 or until 

pipeline removal is completed, 

whichever occurs first. Enforcement 

times and specific restrictions will be 

announced via BNM. The company 

completing this project states during the 

effective time of this safety zone, they 

anticipate the need to close the river for 

approximately 4 hours on one single 

occasion. Any exceptions to these 

operational restrictions must be 

authorized by the COTP Ohio Valley or 

a designated representative. The COTP 

or a designated representative may be 

contacted by telephone at 502–779– 

5422. 

D. 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 a 

temporary safety zone for vessels on all 

waters of the Upper Mississippi River, 

extending the entire width from mile 44 

to mile 46. Notifications of enforcement 

times will be communicated to the 

marine community via BNM and 

through Local Notice to Mariners 

(LNM). The impacts on routine 

navigation are expected to be minimal 

as the restrictions will be enforced only 

as necessary while the pipelines are 

being removed at mile 45 Upper 

Mississippi River. The company 

completing this project states during the 

effective time of this safety zone, they 

anticipate the need to close the river for 

approximately 4 hours on one single 

occasions. After this removal is 

complete, the safety zone will be 

canceled. Additionally, deviation from 

the safety zone restriction may be 

requested from the COTP Ohio Valley or 

designated representative and will be 

considered on a case-by-case basis. 

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 Upper 

Mississippi River, from mile 44 to mile 

46 from November 1, 2014 to January 

31, 2015. This safety zone will not have 

a significant economic impact on a 

substantial number of small entities. 

Traffic in this area is limited to almost 

entirely recreational vessels and 

commercial towing vessels, and the 

restrictions will be enforced only as 

necessary while removal of the pipeline 

is being completed. Enforcement times 

and specific restrictions will be 

announced via BNM, LNM, or through 

other public notice. The company 

completing this project states during the 

effective time of this safety zone, they 

anticipate the need to close the river for 

approximately 4 hours on one single 

occasion. When this work is completed, 

the safety zone will be canceled. 

Deviation from the safety zone 

restriction 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 


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71022 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

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 concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

creation of a safety zone. The safety 

zone is implemented to protect persons 

and property due to removal of two 16 

inch pipelines at mile 45 Upper 

Mississippi River. 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 section. 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 temporary § 165.T08–0878 is 

added to read as follows: 

§ 165.T08–0878 Safety Zone; Upper 

Mississippi River MM 44 to 46, Thebes, IL. 

(a) Location. The following area is a 

safety zone: all waters of the Upper 

Mississippi River from mile 44 to 46, 

Thebes, IL., extending the entire width 

of the Upper Mississippi River. 

(b) Effective dates. This rule is 

effective from November 1, 2014 to 

January 31, 2015 or until pipeline 

removal is completed, whichever occurs 

first. Enforcement times and specific 

restrictions will be announced via 

Broadcast Notice to Mariners (BNM). 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone during the 

enforcement period is prohibited unless 

authorized by the Captain of the Port 

(COTP) Ohio Valley or a designated 

representative. 

(2) All persons and vessels shall 

comply with the instructions of the 

COTP and designated on-scene patrol 

personnel. On-scene patrol personnel 

include commissioned, warrant, and 

petty officers of the U.S. Coast Guard. 

(3) Persons or vessels may request 

deviation from the safety zone 

restriction prescribed under paragraph 

(c)(1) 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) Informational Broadcasts. The 

Captain of the Port Ohio Valley or a 

designated representative will inform 

the public through broadcast notices to 

mariners of the enforcement period for 

the safety zone as well as any changes 

in the dates and times of enforcement. 

Dated: October 2, 2014. 

R.V. Timme, 

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

Port Ohio Valley. 

[FR Doc. 2014–28270 Filed 11–28–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–0698] 

RIN 1625–AA87 

Security Zone; USCGC Hamilton 

Commissioning Ceremony, Charleston 

Harbor, Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final Rule. 


rljohnson on DSK3VPTVN1PROD with RULES