[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Rules and Regulations]
[Pages 29828-29830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10529]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0440]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Cape Girardeau, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Upper Mississippi River extending from mile
marker (MM) 49 to MM 50 on the Upper Mississippi River near Cape
Girardeau, MO. The safety zone is needed to protect personnel and
vessels from potential hazards due to a partially sunken cement barge
in the navigational channel. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a designated representative.
DATES: This rule is effective without actual notice from May 17, 2022
through June 10, 2022. For the purposes of enforcement, actual notice
will be used from May 11, 2022 until May 17, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0440 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email MST2 Evan Dawson, MSU Paducah, U.S. Coast
Guard; telephone 270-442-1621 ext. 2135, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 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 because it would be impracticable. On May 8,
2022 a cement barge became partially sunk in the navigation channel of
the Upper Mississippi River at MM 49.5 causing a hazard to navigation.
The safety zone must be established immediately to protect people and
vessels from hazards associated with the partially sunken barge. It is
impracticable to publish an NPRM because we must establish this safety
zone by May 11, 2022.
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 because immediate action is needed to
respond to the potential safety hazards associated with the sunken
barge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated a partially sunken barge in the navigation
channel will be a safety concern for anyone trainsiting between MM 49
and MM 50 on the Upper Mississippi River. The safety zone is needed to
protect personnel and vessels from potential hazards due to a partially
sunken barge in the navigation channel.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from May 11, 2022
through June 10, 2022, or until the hazard has been mitigated. The
temporary safety zone will cover all navigable waters of the Upper
Mississippi River extending from mile marker (MM) 49 to MM 50. The COTP
will terminate the enforcement of this temporary safety zone before
June 10, 2022 if the hazards associated with the partially sunken barge
have been resolved. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. The COTP may be contacted by telephone at 502-779-5422
or the on scene designated representative can be reached via VHF-FM
channel 16.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, and duration. This temporary safety zone will restrict vessel
traffic from entering or transiting within a 1 mile area of navigable
waters on the Upper Mississippi River between MM 49 and MM 50. While in
effect, this rule would allow vessels to seek permission to enter the
zone. Moreover, the Coast Guard will issue Broadcast Notice to Mariners
[[Page 29829]]
via VHF-FM channel 16 about the temporary safety zone. Additionally,
the temporary safety zone will only be in effect while the partially
sunken barge remains a hazard to navigation.
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
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
call or email 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 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.
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 will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 involves a
temporary safety zone lasting until June 10, 2022 or until salvage
operations of the partially sunken barge are complete. It is
categorically excluded from further review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination
will be produced. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0440 to read as follows:
Sec. 165.T08-0440 Safety Zone; Upper Mississippi River, Cape
Girardeau, MO
(a) Location. The safety zone will cover all navigable waters of
the Upper Mississippi River between mile marker (MM) 49 and MM 50.
(b) Enforcement period. This section will be enforced from May 11,
2022 and will continue through June 10, 2022 or until the hazards
associated with the partially sunken barge have been resolved.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into the zone
during demolition or salvage operations are prohibited unless
specifically authorized by the Captain of the Port Sector Ohio Valley
(COTP) or 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 Ohio
Valley.
(2) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative while
proceeding through the zone.
[[Page 29830]]
Dated: May 11, 2022.
J.S. Franz,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio
Valley.
[FR Doc. 2022-10529 Filed 5-16-22; 8:45 am]
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