[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Rules and Regulations]
[Pages 60733-60736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25182]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0841]
RIN 1625-AA00


Safety Zone; Mississippi River, Mile Marker 230 to Mile Marker 
234, in the Vicinity of Baton Rouge, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Mississippi River beginning at mile marker 230 and

[[Page 60734]]

ending at mile marker 234, in the vicinity of Baton Rouge, Louisiana. 
The temporary safety zone is needed to protect persons and vessels from 
the potential safety hazards associated with a maritime salvage 
operation. Entry into this zone is prohibited unless vessels have met 
the specified instructions or are specifically authorized by the 
Captain of the Port New Orleans or a designated representative.

DATES: Effective Date: This rule is effective in the CFR from September 
30, 2011 until 7 a.m. CST on November 25, 2011. This rule is effective 
with actual notice for purposes of enforcement beginning 7 a.m. CST on 
August 28, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0841 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0841 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant (LT) Chris Norton, Marine 
Safety Unit Baton Rouge, at 225-298-5400, 
[email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule. The Coast Guard received notice on 
August 22, 2011 that McKinney Salvage and Heavy Lift Inc. would be 
continuing maritime salvage operations in the vicinity of Baton Rouge. 
Due to the salvage of three separate barges and two equipment failures, 
the operation and required safety zone will require more time and 
encompass two more river miles than provided in the safety zone 
previously implemented at docket USCG-2011-0747. Short notice for the 
original safety zone was based on the river levels falling to a 
required height enabling the salvage operation to take place and, since 
then, the operation incurred two equipment failures. Publishing a NPRM 
would be impracticable because it would delay the immediate action 
necessary to protect the salvage crew, vessels, and mariners from the 
hazards associated with ongoing maritime salvage operations.
    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. The Coast Guard received notice on 
August 22, 2011 that McKinney Salvage and Heavy Lift Inc. would be 
continuing maritime salvage operations in the vicinity of Baton Rouge. 
Due to the salvage of three separate barges and two equipment failures, 
the operation and required safety zone will require more time and 
encompass two more river miles than provided in the safety zone 
previously implemented at docket USCG-2011-0747. Short notice for the 
original safety zone was based on the river levels falling to a 
required height enabling the salvage operation to take place and, since 
then, the operation incurred two equipment failures. Providing 30 days 
notice is impracticable because immediate action is needed to protect 
the salvage crew, vessels, and mariners from the hazards associated 
with ongoing maritime salvage operations.

Basis and Purpose

    The Captain of the Port New Orleans has implemented a safety zone 
from mile marker 230 to 234, Lower Mississippi River to protect those 
vessels and mariners from the hazards associated with ongoing maritime 
salvage operations.

Discussion of Rule

    The Captain of the Port New Orleans will implement a temporary 
safety Zone on the Lower Mississippi River (LMR) extending the entire 
width of the river from Mile Marker (MM) 230 to MM 234. Mariners will 
be subject to requirements that will be listed in Marine Safety 
Information Bulletins from 7 a.m. August 28, 2011 and continue to 7 
a.m. November 25, 2011. This operation will continue 24 hours a day. 
Mariners must request permission to transit through the area from 
Vessel Traffic Service Lower Mississippi River in New Orleans on VHF 
channel 12 or 67. The temporary check-in points are no lower than MM 
239 for southbound vessels and no higher than MM 228 for northbound 
vessels.
    The Safety Zone is needed due to McKinney Salvage and Heavy Lift 
Inc. conducting ongoing maritime salvage operations in the vicinity of 
MM 230 to MM 234 on the LMR. The operations that will be conducted are 
critical to maintaining safe navigation on the LMR. Any wake, beyond 
that created at minimum safe speed, or external force exerted on the 
salvage platform can compromise the safety of the salvage crew.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

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 that 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 safety zone on the Mississippi 
River from mile marker 230 to mile marker 234, in the vicinity of Baton 
Rouge, Louisiana. The additional safety restrictions do not prevent 
safe transit through the area. Due to its duration and limited scope, 
it does not pose a significant regulatory impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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

[[Page 60735]]

entities: The owners or operators of vessels intending to transit the 
Mississippi River between mile markers 230 to 234 from 7 a.m. CST on 
August 28, 2011 until 7 a.m. CST on November 25, 2011. This temporary 
safety zone will not have a significant economic impact on a 
substantial number of small entities because vessels are still able to 
transit the area under the safety restrictions listed in Marine Safety 
Information Bulletins and this rule will be in effect for only a short 
period of time. If you are a small business entity, contact LT Chris 
Norton, Marine Safety Unit Baton Rouge, at (225) 298-5400 or 
[email protected].

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
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 is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule establishes a temporary safety 
zone on the Mississippi River to protect persons and vessels from the 
potential safety hazards associated with maritime salvage operations 
and are over one week in duration. Under figure 2-1, paragraph 34(g), 
of the Instruction, an environmental analysis checklist and a 
categorical exclusion determination will be prepared and submitted to 
the docket.

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; 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.

[[Page 60736]]


0
2. A new temporary Sec.  165.T11-0841 is added to read as follows:


Sec.  165.T11-0841  Safety Zone; Mississippi River, Mile Marker 230 to 
Mile Marker 234, in the vicinity of Baton Rouge, LA.

    (a) Location. The following area is a temporary safety zone: All 
waters of the Mississippi River beginning at mile marker 230 and ending 
at mile marker 234, extending the entire width of the river, in the 
vicinity of Baton Rouge.
    (b) Effective Date. This section is effective from 7 a.m. CST on 
August 28, 2011 until 7 a.m. CST on November 25, 2011.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR part 165, subpart C, entry into this zone is prohibited unless 
vessels have met the specific instructions or are authorized by the 
Captain of the Port New Orleans or designated representative as further 
explained below.
    (2) Persons or vessels requiring entry into or passage through must 
have met the specific instructions or request permission from the 
Captain of the Port New Orleans or a designated representative. They 
may be contacted via VHF Channel 12, 67, or via telephone at (504) 365-
2514.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port New Orleans and designated personnel. 
Designated personnel include commissioned, warrant, and petty officers 
of the U.S. Coast Guard.
    (4) The instructions of the Captain of the Port in are as follows:
    (i) The Captain of the Port New Orleans has implemented a temporary 
safety Zone on the Lower Mississippi River (LMR) extending the entire 
width of the river from Mile Marker (MM) 230 to MM 234. The LMR will be 
open to one-way traffic from 7 a.m. CST, August 28, 2011 and continue 
through 7 a.m. CST, November 25, 2011. This operation will continue 24 
hours a day.
    (ii) Vessels must request permission to transit through the area 
from Vessel Traffic Service Lower Mississippi River in New Orleans on 
VHF channel 12 or 67. The temporary check-in points are no lower than 
MM 239 for southbound vessels and no higher than MM 228 for northbound 
vessels.
    (d)Informational Broadcasts. The Captain of the Port, New Orleans 
or a designated representative will inform the public through broadcast 
notices to mariners (BNM) and/or marine safety information bulletins 
(MSIB) of the effective period for the safety zone, requirements, and 
of any changes in the effective period, requirements or size of the 
safety zone.

    Dated: August 27, 2011.
P. W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port, New Orleans.
[FR Doc. 2011-25182 Filed 9-29-11; 8:45 am]
BILLING CODE 9110-04-P