[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63923-63926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26958]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0893]
RIN 1625-AA00
Safety Zone; Mississippi River Between Mile 467.0 and 472.0;
Transylvania, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 63924]]
SUMMARY: The Coast Guard is establishing an emergency temporary safety
zone for all waters of the Lower Mississippi River between mile 467.0
and 472.0. Transit into and through this area is prohibited beginning
at 11:32 p.m. on September 10, 2015 and will continue through October
31, 2015 or until the width and depth of the navigational channel
improves. This safety zone is needed to protect persons, property and
infrastructure from the safety hazards associated with the navigational
channel being reduced in width and depth due to shallow water and
shifting shoals. This has created an especially hazardous situation
that does not allow for normal transit through this reach of the river.
Deviation from the safety zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Lower Mississippi River or
a designated representative.
DATES: This rule is effective without actual notice from October 22,
2015 until 11:59 p.m. on October 31, 2015. For purposes of enforcement,
actual notice will be used from 11:32 p.m. on September 10, 2015 until
October 22, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0893]. 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 LT Tyrone L. Conner, U.S. Coast Guard; telephone 901-521-
4825, email [email protected]. 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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule.
On September 10, 2015 the Coast Guard was notified that shallow
water and shifting shoals have reduced the width and depth of the
navigational channel, creating an especially hazardous situation that
does not to allow for normal transit through this reach of the river.
This safety zone may include waterways closures, navigation
restrictions, and/or other requirements that are vital to maintaining
safe navigation. Accordingly, the Coast Guard has determined that
immediate and emergency action is necessary to restrict navigation on
this stretch of the river.
Therefore, it is impracticable to publish an NPRM because we must
establish this safety zone by September 10, 2015. Broadcast Notices to
Mariners (BNM) and information sharing with the waterway users will
update mariners of the restrictions, requirements, and 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. Delaying
the effect date of this rule would be contrary to public interest
because immediate action is needed to protect life and property from
the hazards associated with and resulting from the navigational channel
being reduced in width and depth due to shallow water and shifting
shoals. This situation has created an especially hazardous situation
that does not to allow for normal transit through this reach of the
river. Accordingly, the Coast Guard has determined that immediate and
emergency action is necessary to restrict navigation on this stretch of
the river.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define safety
zones.
The purpose of this emergency safety zone is to protect life and
property from safety hazards associated with the navigational channel
being reduced in width and depth due to shallow water and shifting
shoals. This situation poses significant safety hazards to vessels and
mariners operating in the area. Establishing a safety zone that may
include waterways closures, navigation restrictions, and/or other
requirements that extends from mile 467.0 to mile 472.0 on Mississippi
River is necessary for the Coast Guard to maintain navigational safety.
C. Discussion of the Temporary Final Rule
The Coast Guard is establishing a temporary emergency safety zone
for all vessel traffic on the Mississippi River between mile 467.0 and
mile 472.0, extending the entire width of the Mississippi River.
Transit into and through this area is prohibited beginning at 11:32
p.m. on September 10, 2015 and will continue through October 31, 2015
or until navigational channel width and depth is improved and response
efforts are complete. Deviation from this emergency safety zone is
prohibited unless specifically authorized by the COTP Lower Mississippi
River, or a designated representative. Deviation requests will be
considered and reviewed on a case-by-case basis. The COTP Lower
Mississippi River may be contacted by telephone at 1-901-521-4822 or
can be reached by VHF-FM channel 16.
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 emergency safety zone for
[[Page 63925]]
vessels on all waters of the Mississippi River from mile 467.0 to mile
472.0. Notifications of enforcement times will be communicated to the
marine community via BNM and through Local Notice to Mariners (LNM).
The impacts on navigation will be limited to ensuring the safety of
mariners and vessels associated with hazards associated with the
navigational channel being reduced in width, depth, shoaling, swift
currents, and stream eddies.
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 Mississippi River, from 11:32 p.m. on September 10, 2015 to 11:59
p.m. on October 31, 2015. This emergency safety zone will not have a
significant economic impact on a substantial number of small entities
due to its limited scope and short duration. Additionally, requests to
deviate from the rule will be considered on a case-by-case basis.
Notifications to the marine community will be made through BNM, LNM,
and communications with local waterway users. Notices of changes to the
safety zone and effective times will also be made.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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
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 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 of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction.
Because this safety zone is established in response to an emergency
situation and is less than one week in duration, an environmental
analysis checklist and a categorical exclusion determination are not
required. Should this emergency situation require a safety zone lasting
longer than one week, an environmental analysis checklist and a
categorical exclusion determination will be made available as indicated
under ADDRESSES.
[[Page 63926]]
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. A new temporary Sec. 165.T08-0893 is added to read as follows:
Sec. 165.T08-0893 Safety Zone; Mississippi River between mile 467.0
and 472.0, Transylvania, LA.
(a) Location. The following area is a safety zone: All waters of
the Mississippi River between mile 467.0 and mile 472.0, Transylvania,
LA, extending the entire width of the Mississippi River.
(b) Effective and Enforcement Period. This rule is effective from
11:32 p.m. on September 10, 2015 until 11:59 p.m. on October 31, 2015,
or unless the width and depth of the river improve earlier and response
efforts are complete, whichever occurs earlier.
(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 (COTP) Lower Mississippi River or
a designated representative.
(2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the COTP Lower Mississippi River
or a designated representative. They may be contacted on VHF-FM channel
16 or by telephone at 901-521-4822.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP Lower Mississippi River or designated
representative.
(d) Informational Broadcasts. The COTP Lower Mississippi River or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the emergency safety
zone as well as any changes in the dates and times of enforcement.
Dated: September 10,2015.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi
River.
[FR Doc. 2015-26958 Filed 10-21-15; 8:45 am]
BILLING CODE 9110-04-P