[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Rules and Regulations]
[Pages 31186-31188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12671]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0333]
RIN 1625-AA87


Security Zone; USS MISSISSIPPI Commissioning; Pascagoula Harbor & 
Pascagoula River; Pascagoula, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
the arrival, commissioning, and departure of the USS MISSISSIPPI. This 
security zone is necessary to protect persons, vessels, and waterfront 
facilities from destruction, loss, or injury from sabotage or other 
subversive acts, accidents, or other causes of a similar nature during 
the arrival, commissioning, and departure of the USS MISSISSIPPI. Entry 
into this zone is prohibited to all vessels, mariners, and persons 
unless specifically authorized by the Captain of the Port (COTP) Mobile 
or a designated representative.

DATES: This rule is effective from May 23, 2012 to June 8, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0333. 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 
temporary rule, call or email LT Lenell J. Carson, Sector Mobile, 
Waterways Division, U.S. Coast Guard; telephone 251-441-5940, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because there is insufficient time to publish 
a NPRM. Following a planning meeting on March 29, 2012 between the U.S 
Navy, U.S Coast Guard, local agencies, and port stakeholders, the Coast 
Guard determined that a temporary security zone is necessary during the 
arrival, commissioning ceremony (to be held on June 2, 2012), and 
departure of the USS MISSISSIPPI. Publishing a NPRM and delaying this 
rule's effective date would be impracticable because it would 
unnecessarily delay the USS MISSISSIPPI's schedule and commitments. 
Delaying or foregoing this necessary security zone would also be 
contrary to public interest. This is a scheduled public event 
surrounding the commissioning of a U.S. Naval vessel and immediate 
action is necessary to implement additional security measure to protect 
persons, vessels, and waterfront facilities from destruction, loss, or 
injury from sabotage or other subversive acts, accidents, or other 
causes of a similar nature.
    For the same reasons, 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 because immediate 
action is needed to protect persons, vessels, and waterfront facilities 
from destruction, loss, or injury from sabotage or other subversive 
acts, accidents, or other causes of a similar nature during the 
arrival, commissioning, and departure of the USS MISSISSIPPI.

B. Basis and Purpose

    The USS MISSISSIPPI will be commissioned at the Port of Pascagoula, 
Pascagoula, MS on June 2, 2012. Scheduled events surround the 
commissioning ceremony will draw large crowds in or near the port. 
Additional security measures are necessary to protect persons, vessels, 
and waterfront facilities from destruction, loss, or injury from 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature during the arrival, commissioning, and departure of the 
USS MISSISSIPPI.
    The COTP anticipates some impact on vessel traffic due to this 
regulation. However, this security zone is deemed necessary for the 
protection of life and property within the COTP Mobile zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary security zone for the 
arrival, commissioning, and departure of the USS MISSISSIPPI. While the 
USS MISSISSIPPI is underway in the Pascagoula Harbor shoreward of the 
Horn Island Pass Lighted Buoy HI (RW ``HI'' Mo (A); Position 30-08-
30.049 N, 088-38-40.125 W), the temporary security zone includes all 
waters within 100 yards of the USS MISSISSIPPI. When the USS 
MISSISSIPPI is moored in the Port of Pascagoula, the temporary security 
zone includes all waters within 25 yards of the USS MISSISSIPPI. Entry 
into these zones is prohibited to all vessels, mariners, and persons 
unless specifically authorized by the COTP 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 changes in the effective 
period for the security zone. This rule is effective from May 23, 2012 
to June 8, 2012.

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

[[Page 31187]]

or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that Order.
    The security zone listed in this rule will only restrict vessel 
traffic from transiting a small portion of the Pascagoula Harbor and 
Pascagoula River while the USS MISSISSIPPI is transiting through the 
harbor and when moored in the Port of Pascagoula. 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 security zone; 
and (3) the impacts on routine navigation are expected to be minimal. 
Notifications to the marine community will be made through the Local 
Notices to Mariners and via Safety Broadcast Notices to Mariners. These 
notifications will allow the public to plan operations around the 
affected areas.

2. 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 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 the affected areas during the arrival, commissioning, and 
departure of the USS MISSISSIPPI. This security 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 traffic will be allowed to pass through the zone with the 
permission of the COTP.

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 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 will not result in 
such 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 which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves security during the arrival, 
commissioning, and departure of the USS MISSISSIPPI 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. An 
environmental analysis checklist supporting this determination and a 
categorical exclusion determination will be made available in the 
docket where indicated under ADDRESSES. We seek any comments or 
information that may

[[Page 31188]]

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 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.T08-0333 to read as follows:


Sec.  165.T08-0333  Security Zone; Pascagoula Harbor & Pascagoula 
River, Pascagoula, MS.

    (a) Location. The following areas are temporary security zones: all 
waters of the Pascagoula Harbor and Pascagoula River--
    (1) Within 100 yards of the USS MISSISSIPPI while underway 
shoreward of the Horn Island Pass Lighted Buoy HI (RW ``HI'' Mo (A); 
Position 30-08-30.049 N, 088-38-40.125 W).
    (2) Within 25 yards of the USS MISSISSIPPI while moored in the Port 
of Pascagoula.
    (b) Effective Dates. This rule is effective from May 23 through 
June 8, 2012.
    (c) Periods of enforcement. This section will only be enforced 
while the USS MISSISSIPPI is underway shoreward of the Horn Island Pass 
Lighted Buoy HI (RW ``HI'' Mo (A); Position 30-08-30.049 N, 088-38-
40.125 W) and while moored in the Port of Pascagoula.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of this part, entry into the security zones is prohibited 
unless authorized by the Captain of the Port (COTP) Mobile or a 
designated representative.
    (2) Persons or vessels desiring to enter into or passage through 
the security zones must request permission from the COTP 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 COTP Mobile or designated representative.
    (e) Informational Broadcasts. The COTP Mobile or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the security zones as well as 
any changes in the planned schedule.

    Dated: April 30, 2012.
D. J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2012-12671 Filed 5-24-12; 8:45 am]
BILLING CODE 9110-04-P