Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 76233 

(1) Minimize the adverse effects of 

leachate and surface water runoff from 

the fill on surface and ground waters; 

(2) Ensure mass stability and prevent 

mass movement during and after 

construction; and 

(3) Ensure that the final fill is suitable 

for reclamation and revegetation 

compatible with the natural 

surroundings and the approved 

postmining land use. 

(b) Design certification. (1) The fill 

and appurtenant structures shall be 

designed using current, prudent 

engineering practices and shall meet 

any design criteria established by the 

regulatory authority. A qualified 

registered professional engineer 

experienced in the design of earth and 

rock fills shall certify the design of the 

fill and appurtenant structures. 

(2) The fill shall be designed to attain 

a minimum long-term static safety factor 

of 1.5. The foundation and abutments of 

the fill must be stable under all 

conditions of construction. 

(c) Location. The disposal area shall 

be located on the most moderately 

sloping and naturally stable areas 

available, as approved by the regulatory 

authority, and shall be placed, where 

possible, upon or above a natural 

terrace, bench, or berm, if such 

placement provides additional stability 

and prevents mass movement. 

(d) Foundation. (1) Sufficient 

foundation investigations, as well as any 

necessary laboratory testing of 

foundation material, shall be performed 

in order to determine the design 

requirements for foundation stability. 

The analyses of foundation conditions 

shall take into consideration the effect 

of underground mine workings, if any, 

upon the stability of the fill and 

appurtenant structures. 

(2) When the slope in the disposal 

area is in excess of 2.8h:lv (36 percent), 

or such lesser slope as may be 

designated by the regulatory authority 

based on local conditions, keyway cuts 

(excavations to stable bedrock) or rock 

toe buttresses shall be constructed to 

ensure stability of the fill. Where the toe 

of the spoil rests on a downslope, 

stability analyses shall be performed in 

accordance with § 784.19 of this chapter 

to determine the size of rock toe 

buttresses and keyway cuts. 

* * * * * 

(k) Face-up operations. Spoil resulting 

from face-up operations for 

underground coal mine development 

may be placed at drift entries as part of 

a cut and fill structure, if the structure 

is less than 400 feet in horizontal length, 

and designed in accordance with 

§ 817.71. 

[FR Doc. 2014–29864 Filed 12–19–14; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–1032] 

RIN 1625–AA00 

Safety Zone, Elizabeth River; 

Portsmouth, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final Rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of the Elizabeth River 

in Portsmouth, VA for 10 periods of 48 

hours beginning at midnight on 

February 18, February 23, February 26, 

March 3, March 9, April 20, April 23, 

April 27, April 30, and May 11, 2015. 

This action will restrict vessel traffic 

movement in the designated area during 

construction of the new Midtown 

Tunnel. This action is necessary to 

protect the life and property of the 

maritime public due to the number of 

work vessels in the designated area and 

their lack of maneuverability while 

engaged in construction operations. 

DATES: This rule is effective from 

December 22, 2014 through May 11, 

2015, and will be enforced for 10 

periods of 48 hours in length, beginning 

at midnight on February 18, February 

23, February 26, March 3, March 9, 

April 20, April 23, April 27, April 30, 

and May 11, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–1032]. 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 LCDR Gregory Knoll, Waterways 

Management Division Chief, Sector 

Hampton Roads, Coast Guard; telephone 

(757) 668–5580, email 

HamptonRoadsWaterway@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

SKW Constructors are building a 

second span for the Midtown Tunnel 

between Portsmouth and Norfolk, VA 

and will be conducting operations that 

require closures of the federal channel 

beginning in February 2015. A Notice of 

Proposed Rulemaking (NPRM) was 

published on August 25, 2014 in the 

Federal Register (79 FR 50571). 

The Coast Guard received one 

comment on the NPRM, which is 

addressed below in Section C. No 

request for a public meeting was 

received, and no meeting was held. 

The original Temporary Final Rule, 

docket number [USCG–2014–0693] was 

published on November 12, 2014 in the 

Federal Register (79 FR 67063). Due to 

unforeseen construction delays, the 

channel closure dates had to be shifted 

back, prompting the issuance of the 

instant Temporary Final Rule. 

B. Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and other 

limited access areas: 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. 

Due to increased vehicle traffic in the 

Hampton Roads area, SKW 

Constructors, in concert with Elizabeth 

River Crossings and the Virginia 

Department of Transportation, is 

constructing a second tunnel parallel to 

the existing Midtown Tunnel between 

Portsmouth and Norfolk, VA. The 

construction will involve submerging 

elements of the new Midtown Tunnel. 

The presence of working vessels and the 

inability to maneuver submerged 

equipment necessitate closures of the 

federal channel. The closures will be in 

effect for 10 48-hour periods to allow 

SKW Constructors to install the 

segments of the tunnel that overlap the 

federal channel. 

The Coast Guard is establishing a 

safety zone in the portion of the 

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76234 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 

Elizabeth River between Elizabeth River 

Channel Buoy 31 (LLNR 9835) and 

Elizabeth River Channel Buoy 34 (LLNR 

9855). The first of the 10 scheduled 

closures will begin at midnight on 

February 18, 2015; the final scheduled 

closure will begin at midnight on May 

11, 2015. The dates and hours are 

subject to change due to weather, 

scheduling conflicts, equipment failure 

and other unforeseen factors. Any 

further changes to these dates will be 

listed in the Federal Register if time 

permits, and in all cases will be 

communicated via marine information 

broadcasts. 

C. Discussion of Comments, Changes, 

and the Final Rule 

The Coast Guard received one 

comment expressing concern about the 

lengths of the closures and the 

economic impact on business 

operations. The comment also requested 

a working group of industry members 

and the Coast Guard to determine the 

potential impact of the closures. No 

formal working group was assigned, but 

the Coast Guard and SKW participated 

in extensive dialogues over several years 

with a wide range of port partners and 

interested parties including, but not 

limited to, the Virginia Maritime 

Association, Virginia Pilots Association, 

Association of Virginia Docking Pilots, 

Independent Docking Pilots, and U.S. 

Navy. In addition to being discussed at 

meetings exclusively pertaining to the 

Midtown Tunnel, the topic has been on 

the agenda at multiple Area Maritime 

Security Committee and Maritime 

Transportation System Planning 

Subcommittee meetings, at which port 

partners, including industry 

representatives, were afforded the 

opportunity to discuss the potential 

impact of the closures. 

The decision to close the channel for 

10 periods of 48 hours in length comes 

as a result of these extensive and 

widespread discussions, which have 

been occurring since the earliest 

proposals for the project in 2007. Every 

effort has been made to reduce the 

length of time the channel is closed and 

any adverse impacts resulting 

therefrom. Based on these efforts, it was 

determined that 10 closures of 48 hours 

in length constitutes the best available 

means to complete the project. Further, 

10 separate closures, rather than one 

extended closure, will enable SKW to 

complete the work while enabling traffic 

to flow between the closure periods, 

making it the least burdensome and best 

available plan. 

The NPRM published on August 25, 

2014 stated that the first channel closure 

would begin on January 1, 2015. The 

first closure will actually begin on 

February 18, 2015 at midnight. This 

change is reflected in the instant Final 

Rule. 

The Captain of the Port of Hampton 

Roads is establishing a safety zone in 

the portion of the Elizabeth River 

between Elizabeth River Channel Buoy 

31 (LLNR 9835) and Elizabeth River 

Channel Buoy 34 (LLNR 9855). The 

zone will be effective for 10 periods of 

48 hours in length, with each respective 

period beginning at midnight on 

February 18, February 23, February 26, 

March 3, March 9, April 20, April 23, 

April 27, April 30, and May 11, 2015. 

The dates and hours are subject to 

further change due to weather, 

scheduling conflicts, equipment failure 

and other unforeseen factors. Any 

further changes to these dates will be 

listed in the Federal Register if time 

permits, and in all cases will be 

communicated via marine information 

broadcasts. No person or vessel may 

enter or remain in the regulated area 

unless authorized by the Captain of the 

Port, Hampton Roads or his designated 

Representative. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 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. Although this regulation restricts 

access to the safety zone, the effect of 

this rule will not be significant because: 

(i) The safety zone will be in effect for 

a limited duration; (ii) the zone is of 

limited size; and (iii) the Coast Guard 

will make notifications via maritime 

advisories so mariners can adjust their 

plans accordingly. 

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. 

The rule may affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the specified portion of the Elizabeth 

River during the specified dates and 

times. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: (i) The safety 

zone will only be in place for a limited 

duration; and (ii) before the enforcement 

period, maritime advisories will be 

issued allowing mariners to adjust their 

plans accordingly. 

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 State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

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Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Rules and Regulations 76235 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it 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

INTFORMATION 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 affect 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 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 

establishing a safety zone. This rule 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. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

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 and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–1032 to read as 

follows: 

§ 165.T05–1032 Safety Zone, Elizabeth 

River; Portsmouth, VA. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector Hampton Roads. 

Representative means any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized to act on the 

behalf of the Captain of the Port. 

(b) Location. The following area is a 

safety zone: specified waters of the 

Captain of the Port Sector Hampton 

Roads zone, as defined in 33 CFR 3.25– 

10: The marked channel of the Elizabeth 

River between Elizabeth River Channel 

Buoy 31 (LLNR 9835) and Elizabeth 

River Channel Buoy 34 (LLNR 9855). 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated Representative. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Contact on scene contracting 

vessels via VHF channel 13 and 16 for 

passage instructions. 

(ii) If on scene proceed as directed by 

any commissioned, warrant or petty 

officer on shore or on board a vessel that 

is displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement period. This section 

will be enforced for 10 periods of 48 

hours in length beginning at midnight 

on February 18, February 23, February 

26, March 3, March 9, April 20, April 

23, April 27, April 30, and May 11, 

2015. Any deviations from these times 

will be communicated via marine 

information broadcasts. 

Dated: December 8, 2014. 

Christopher S. Keane, 

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

Port Hampton Roads. 

[FR Doc. 2014–29850 Filed 12–19–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2014–0674; FRL–9920–61– 

Region 4] 

Approval of Implementation Plans and 

Designation of Areas; Alabama; 

Redesignation of the Alabama Portion 

of the Chattanooga, 1997 p.m.2.5

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

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