[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77594-77597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30648]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0837]
RIN 1625-AA00
Safety Zone; Barge Launches; Gulfport Lake; Gulfport, MS
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a safety zone for Gulfport
Lake, Gulfport, MS. This action is necessary for the protection of
persons and vessels on navigable waters during the launching of barges
in Gulfport Lake, Gulfport, MS, particularly small craft in the area
that risk being swamped. Entry into, transiting or anchoring in the
zone during the launching of barges is prohibited for all vessels,
mariners, and persons unless specifically authorized by the Captain of
the Port Mobile or a designated representative. The Coast Guard also
requests comments on this interim rule before establishing a final
rule.
DATES: This rule is effective without actual notice from December 24,
2013 through December 31, 2016. For the purposes of enforcement, actual
notice will be used from November 8, 2013, until December 24, 2013.
Comments and related material must be received by the Coast Guard
on or before January 23, 2014.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2013-0837. 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 USCG-2013-0837,
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 Stanley A. Tarrant, Coast Guard Sector Mobile,
Waterways Management Division; telephone (251) 441-5940, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
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 (USCG-
2013-0837) 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 (USCG-2013-0837) 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 8\1/2\ 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
[[Page 77595]]
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 (USCG-2013-0837) 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
Through this interim rule, the Coast Guard is establishing a
recurring safety zone for the protection of mariners and vessels during
monthly barge launching operations on Gulfport Lake, Gulfport, MS. The
Coast Guard has previously established six (6) individual safety zones
as temporary final rules for the launching of barges in Gulfport Lake,
Gulfport, MS during 2013. These individual safety zones were issued as
temporary final rules that were enforced with actual notice and are
accessible in the docket as explained above under ADDRESSES. These
temporary safety zones have enabled the Coast Guard to maintain safe
navigation for all in the area during the barge launches without issue.
Rather than continuing to establish individual safety zones on a
monthly basis, the Coast Guard is establishing one recurring safety
zone through this interim rule to be in effect approximately one day
each month during the barge launching operations. Once established, the
specific dates and times for launches will be noticed each month
through broadcast notices to mariners providing at least 24 hours
notice of when the safety zone will be enforced. The requirements of
this interim rule are the same as those in the temporary rules
available in the docket.
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. This interim rule establishes a
recurring safety zone to replace the temporary safety zones occurring
monthly and the safety zone requirements are and have been noticed to
vessels and mariners transiting the regulated area. Delaying the
effective date to provide a full 30 days' notice is unnecessary and
would be contrary to public interest by delaying the safety measures
needed to protect persons and vessels from safety hazards associated
with launching the barges. Additionally, delaying the safety zone would
unnecessarily interfere with launching the barges and possible
commercial and contractual obligations.
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; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. Trinity Offshore, LLC is a ship yard
and repair facility located on Gulfport Lake in Gulfport, MS. Trinity
Offshore, LLC provided the Coast Guard with a schedule of barge
launches, indicating one barge launch a month over the course of the
next three years. The launching of barges from this facility creates a
3 to 6 foot launch wave that will propagate southward across Gulfport
Lake. This wave poses significant safety hazards to vessels,
particularly small craft in the area that could potentially be swamped.
The COTP Mobile is establishing a safety zone for Gulfport Lake,
Gulfport, MS, to protect persons and vessels during the launching of
barges. The COTP anticipates minimal impact on vessel traffic due to
this regulation. However, this safety zone is deemed necessary for the
protection of life and property within the COTP Mobile zone.
D. Discussion of the Interim Rule
The Coast Guard is establishing a safety zone for Gulfport Lake, to
include all waters between an eastern boundary represented by positions
30[deg] 25' 37.2'' N, 089[deg] 03' 09.7'' W to 30[deg] 25' 27.0'' N,
089[deg] 03' 09.7'' W and a western boundary represented by positions
30[deg] 25' 35.4'' N, 089[deg] 03' 45.7'' W to 30[deg] 25' 28.8'' N,
089[deg] 03' 45.7'' W. This rule will protect the safety of life and
property in this area. Entry into, transiting or anchoring in this zone
during the launching of barges will be prohibited to all vessels,
mariners, and persons unless specifically authorized by the Captain of
the Port Mobile or a designated representative. The COTP may be
contacted by telephone at 251-441-5976.
The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners of enforcement periods for
the safety zone. This rule will only be enforced during the launching
of barges occurring once a month.
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.
The safety zone listed in this rule will only restrict vessel
traffic from entering, transiting or anchoring in Gulfport Lake,
Gulfport, MS during the launching of barges. The effect of this
regulation will not be significant for several reasons: (1) This rule
will only affect vessel traffic for a short duration; (2) vessels may
request permission from the COTP to transit through the safety zone;
and (3) impacts on routine navigation are expected to be minimal.
Notifications to the marine community will be made through broadcast
notice to mariners. These notifications will allow the public to plan
operations around the affected area.
[[Page 77596]]
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 or anchor in Gulfport Lake during the launching of
barges. This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons. The
zone is limited in size, is of short duration and vessel traffic may
request permission from the COTP Mobile or a designated representative
to enter or transit through the zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 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
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 would 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 would 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 From Environmental Health Risks
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 would 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 rule 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 of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone on a waterway during the
launching of barges and is not expected to result in any significant
adverse environmental impact as described in NEPA. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. Environmental analysis
checklists supporting this determination and Categorical Exclusion
Determinations are available for each of the preceding individual
safety zones and will be done for this recurring safety zone and made
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 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 77597]]
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
0
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.
0
2. Add Sec. 165.841 to read as follows:
Sec. 165.841 Safety Zone; Barge Launches; Gulfport Lake; Gulfport,
MS.
(a) Location. The following area is a safety zone: Gulfport Lake,
to include all waters between an eastern boundary represented by
positions 30[deg] 25' 37.2'' N, 089[deg] 03' 09.7'' W to 30[deg] 25'
27.0'' N, 089[deg] 03' 09.7'' W and a western boundary represented by
positions 30[deg] 25' 35.4'' N, 089[deg] 03' 45.7'' W to 30[deg] 25'
28.8'' N, 089[deg] 03' 45.7'' W.
(b) Effective period and enforcement dates. This safety zone is
effective immediately on December 24, 2013 and enforceable through
actual notice beginning November 8, 2013. The COTP Mobile or a
designated representative will inform the public through broadcast
notice to mariners of enforcement periods for the safety zone, giving
at least 24 hour notice before enforcement begins. Enforcement periods
are expected to occur once a month for approximately two (2) hours.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port Mobile or a designated representative.
(2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the Captain of the Port Mobile or
a designated representative. They may be contacted on VHF-FM channels
16 or by telephone at 251-441-5976.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port or designated
representative.
(d) Informational broadcasts. The Captain of the Port 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 that may occur.
Dated: November 7, 2013.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2013-30648 Filed 12-23-13; 8:45 am]
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