[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35551-35553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16076]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0708]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Natchez, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Lower Mississippi River upriver of the
Bienville Trace Scenic Byway/US-425 Bridge in Natchez, MS. This action
is necessary to provide for the safety of persons, vessels, and the
marine environment during a fireworks display. Entry of persons or
vessels into this zone is prohibited unless authorized by the Captain
of the Port Sector Lower Mississippi River or a designated
representative.
DATES: This rule is effective from 9 p.m. through 10 p.m. on July 27,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0708 in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Open
Docket Folder'' on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Petty Officer Todd Manow, Waterways
Management, Sector Lower Mississippi River, U.S. Coast Guard; telephone
901-521-4813, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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 because it is
impracticable. We must establish this safety zone by July 27, 2018, and
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone until after the date
of the event and compromise public safety.
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. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is necessary to protect
[[Page 35552]]
persons and property from the potential hazards associated with the
fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. The Captain of the Port Sector Lower Mississippi River
(COTP) has determined that potential hazards associated with the barge-
based fireworks display located at mile marker (MM) 365.0 on the Lower
Mississippi River and scheduled for 9:30 p.m. on July 27, 2018, would
be a safety concern for all persons and vessels on the Lower
Mississippi River between MM 364.5 and MM 365.5 from 9 p.m. through 10
p.m. on July 27, 2018. Hazards associated with the firework displays
include accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris. This rule is necessary to ensure
the safety of persons, vessels, and the marine environment on these
navigable waters before, during, and after the fireworks.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 9 p.m. through
10 p.m. on July 27, 2018. The safety zone will cover all navigable
waters of the Lower Mississippi River from MM 364.5 to MM 365.5,
upriver of the Bienville Trace Scenic Byway/US-425 Bridge, in Natchez,
MS. The duration of this safety zone is intended to ensure the safety
of waterway users on these navigable waters before, during, and after
the scheduled fireworks display.
Entry of persons or vessels into this safety zone is prohibited
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Lower Mississippi River. Persons or vessels seeking to
enter the safety zones must request permission from the COTP or a
designated representative on VHF-FM channel 16 or by telephone at 901-
521-4822. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
The COTP or a designated representative will inform the public of the
enforcement times and date for this safety zone through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) as appropriate.
V. 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 and Executive orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget, and pursuant to OMB guidance it is exempt from
the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be prohibited from entering this safety zone, which will impact a
one-mile stretch of lower Mississippi River for one hour on one
evening. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the safety zone, and the
rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
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
section.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it will 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. 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
[[Page 35553]]
will not result in such expenditure, we do discuss the effects of this
rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 involves a safety zone that
will prohibit entry on a one-mile stretch of the Lower Mississippi
River for one hour on one evening. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.
G. 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.
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. Add Sec. 165.T08-0708 to read as follows:
Sec. 165.T08-0708 Safety Zone; Lower Mississippi River, Natchez, LA.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River from mile marker 364.5 to mile
marker 365.5, upriver of the Bienville Trace Scenic Byway/US-425
Bridge, Natchez, MS.
(b) Effective date. This section is effective from 9 p.m. through
10 p.m. on July 27, 2018.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Lower
Mississippi River (COTP) or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector Lower Mississippi River.
(2) Persons or vessels seeking to enter the safety zone must
request permission from the COTP or a designated representative 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 or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: July 20, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2018-16076 Filed 7-26-18; 8:45 am]
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