[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47525-47528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19482]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0662]
RIN 1625-AA00


Safety Zone, Mississippi River, Mile Marker 291 to 295

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Lower Mississippi River, extending the entire width 
of the river from Mile Marker (MM) 291.0 to MM 295.0. This safety zone 
is needed to protect vessel traffic from the safety hazards associated 
with dredging operations being conducted in the area by the Army Corps 
of Engineers. When vessels are allowed by the Captain of the Port 
(COTP), entry into this zone is restricted to one way traffic unless 
authorized by the (COTP) New Orleans or a designated representative. 
Any full closures will be announced via Broadcast Notice to Mariners.

[[Page 47526]]


DATES: Effective Date: This rule is effective in the CFR on August 9, 
2012, through 7 a.m. September 1, 2012 unless the Army Corps of 
Engineers dredging operations are completed earlier. This rule is 
effective with actual notice for purposes of enforcement from 7 a.m. 
July 11, 2012, through 7 a.m. September 1, 2012 unless the Army Corps 
of Engineers dredging operations are completed earlier.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0662]. 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 Chris Norton, U.S. Coast Guard; telephone (225) 298-
5400, 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
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    A temporary safety zone is needed to establish periods of complete 
closure and a one way traffic pattern due to dredging operations in the 
vicinity of Tunica Bend, Lower Mississippi River Mile Markers 291.0 to 
295.0. There will be no passing, meeting, or overtaking of any vessel 
in the channel.
    The Coast Guard is issuing this 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. The Coast Guard received notice of two groundings 
occurring on July 5, 2012, and July 9, 2012, at MM 293.3 LMR. Due to 
the low water and the width of navigational channel the Army Corps of 
Engineers will be conducting dredging operations in the area. It would 
be impracticable and contrary to public interest to complete the NPRM 
process for this rule. Due to the recent groundings and low water, 
immediate action is necessary to protect vessel traffic from the 
hazards associated with transiting this area.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
also exists for making this rule effective less than 30 days after 
publication in the Federal Register. This temporary safety zone is 
needed to allow the Army Corps of Engineers to conduct dredging 
operations to prevent further possible groundings due to low water. 
Delaying the effective date of this safety measure is contrary to the 
public interest because immediate action is necessary to protect vessel 
traffic from the hazards associated with transiting this area.

B. Basis and Purpose

    On July 5, 2012, and July 9, 2012, the Coast Guard received reports 
of two groundings at MM 293.3 LMR in the vicinity of Tunica Bend. To 
prevent groundings of vessels due to the low water the Army Corps of 
Engineers will be conducting dredging operations. The river will be 
restricted to one way vessel traffic from MM 291 to MM 295 LMR. The 
Coast Guard determined the safety zone is needed to protect vessel 
traffic transiting in the vicinity of Tunica Bend.
    The legal basis and authorities for this rule are found in 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; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones. To safeguard persons and property from the 
hazards associated with dredging operations performed on a waterway, 
the COTP New Orleans will establish a safety zone on the LMR from MM 
291.0 to MM 295.0, 7 a.m. July 11, 2012, until 7 a.m. September 1, 
2012.

C. Discussion of Comments, Changes and the Final Rule

    The Captain of the Port New Orleans will implement a Safety Zone on 
the LMR extending the entire width of the river from MM 291.0 to MM 
295.0. When vessels are allowed by the Captain of the Port (COTP), 
entry into this zone is restricted to one way traffic unless authorized 
by the COTP New Orleans or a designated representative. Any full 
closures will be announced via Broadcast Notice to Mariners.
    The Captain of the Port New Orleans can be reached at 225-281-2875. 
The U.S Government Dustpan Dredge JADWIN can be contacted at 601-631-
5795 or Channel 67. Mariners will be subject to requirements that will 
be listed in Marine Safety Information Bulletins from 7 a.m. on July 
11, 2012 until 7 a.m. on September 1, 2012, unless the Army Corps of 
Engineers dredging operations are completed earlier.

D. 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.

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 additional safety restrictions necessary for 
transit on the LMR from MM 291.0 to MM 295.0, in the vicinity of Tunica 
Bend. These additional safety restrictions do not prevent safe transit 
through the area. Due to its duration and limited scope, this rule does 
not pose a significant regulatory impact.
    Additionally, notifications of this rule's effective dates and 
times and any changes to the rule will be made to the marine community 
through Marine Safety Information Bulletins (MSIB) or Broadcast Notices 
to Mariners (BNM).

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 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 47527]]

entities: the owners or operators of vessels intending to transit the 
LMR between MM 291.0 and MM 295.0 from 7 a.m. on July 11, 2012, until 7 
a.m. on September 1, 2012. This safety zone will not have a significant 
impact on a substantial number of small entities because vessels are 
still able to transit the area under the established safety 
restrictions. Additionally, notifications of the safety restrictions 
and any changes will be made to the marine community through Marine 
Safety Information Bulletins (MSIB) or Broadcast Notices to Mariners 
(BNM).

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 
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 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 establishes a temporary safety zone on the 
Mississippi River to protect vessel traffic from potential safety 
hazards associated with the Army Corps of Engineers dredging 
operations. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

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.


0
2. A new temporary Sec.  165.T08-0622 is added to read as follows:


Sec.  165.T08-0622  Safety Zone; Mississippi River, Mile Marker 291 to 
295.

    (a) Location. The following area is a safety zone: All waters of 
the Lower Mississippi River (LMR) beginning at mile marker (MM) 291.0 
and ending at MM 295.0, extending the entire width of the river, in the 
vicinity of Tunica Bend.
    (b) Effective Date. This section is effective from 7 a.m. July 11, 
2012, until

[[Page 47528]]

7 a.m. September 1, 2012, unless the Army Corps of Engineers dredging 
operations are completed earlier. This rule is effective with actual 
notice for purposes of enforcement beginning at 7 a.m. on July 11, 
2012.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, when vessels are allowed by the Captain of 
the Port (COTP), entry into this zone is limited to one way traffic 
unless vessels are otherwise authorized by the Captain of the Port New 
Orleans or designated representative.
    (2) Persons or vessels requiring entry into or passage through this 
zone must utilize the one way traffic pattern or otherwise request 
permission from the Captain of the Port New Orleans or a designated 
representative. The Captain of the Port New Orleans can be reached at 
(504) 365-2200.
    (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 assigned to units under the operational control 
of Sector New Orleans.
    (d)Informational Broadcasts. The Captain of the Port, New Orleans 
or a designated representative will inform the public through Broadcast 
Notices to Mariners and/or Marine Safety Information Bulletins of the 
safety zone, any closures, implementation of one way traffic patterns, 
and tow sizes or draft restrictions until the river is fully reopened.

    Dated: July 11, 2012.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2012-19482 Filed 8-8-12; 8:45 am]
BILLING CODE 9110-04-P