[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63926-63928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26956]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0894]
RIN 1625-AA00


Safety Zone; Mississippi River Between Mile 488.0 and 480.5; Lake 
Providence, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing an emergency temporary safety 
zone for all waters of the Lower Mississippi River between mile 488.0 
and 480.5. Transit into and through this area is prohibited beginning 
at 5:43 p.m. on September 9, 2015 and will continue through October 31, 
2015 or until the width and depth of the navigational channel improves. 
This safety zone is needed to protect persons, property and 
infrastructure from the safety hazards associated with the navigational 
channel being reduced in width and depth due to shallow water and 
shifting shoals. This has created an especially hazardous situation 
that does not allow for normal transit through this reach of the river. 
Deviation from the safety zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) Lower Mississippi River or 
a designated representative.

DATES: This rule is effective without actual notice from October 22, 
2015 until 11:59 p.m. on October 31, 2015. For purposes of enforcement, 
actual notice will be used from 5:43 p.m. on September 9, 2015 until 
October 22, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0894]. 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 Tyrone L. Conner, U.S. Coast Guard; telephone 901-521-
4825, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Cheryl F. Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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. On September 9, 2015, the Coast Guard was 
notified that shallow water and shifting shoals have reduced the width 
and depth of the navigational channel, creating an especially hazardous 
situation that does not to allow for normal transit through this reach 
of the river. This safety zone may include waterways closures, 
navigation restrictions, and/or other requirements that are vital to 
maintaining safe navigation. Accordingly, the Coast Guard has 
determined that immediate and emergency action is necessary to restrict 
navigation on this stretch of the river.
    Therefore, delaying the effective date for this emergency safety 
zone to complete the NPRM process is impracticable because we must 
establish this safety zone by September 9, 2015. Broadcast Notices to 
Mariners (BNM) and information sharing with the waterway users will 
update mariners of the restrictions, requirements, and enforcement 
times during this emergency situation.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that

[[Page 63927]]

good cause exists for making this emergency rule effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to protect life and property from the 
hazards associated with and resulting from the navigational channel 
being reduced in width and depth due to shallow water and shifting 
shoals. This situation has created an especially hazardous situation 
that does not to allow for normal transit through this reach of the 
river. Accordingly, the Coast Guard has determined that immediate and 
emergency action is necessary to restrict navigation on this stretch of 
the river.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The purpose of this emergency safety zone is to protect life and 
property from safety hazards associated with the navigational channel 
being reduced in width and depth due to shallow water and shifting 
shoals. This situation poses significant safety hazards to vessels and 
mariners operating in the area. Establishing a safety zone that may 
include waterways closures, navigation restrictions, and/or other 
requirements that extends from mile 488.0 to mile 480.5 on Mississippi 
River is necessary for the Coast Guard to maintain navigational safety.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary emergency safety zone 
for all vessel traffic on the Mississippi River between mile 488.0 and 
mile 480.5, extending the entire width of the Mississippi River. 
Transit into and through this area is prohibited beginning at 5:43 p.m. 
on September 9, 2015 and will continue through October 31, 2015 or 
until navigational channel width and depth is improved and response 
efforts are complete. Deviation from this emergency safety zone is 
prohibited unless specifically authorized by the COTP Lower Mississippi 
River, or a designated representative. Deviation requests will be 
considered and reviewed on a case-by-case basis. The COTP Lower 
Mississippi River may be contacted by telephone at 1-901-521-4822 or 
can be reached by VHF-FM channel 16.

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 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 emergency safety zone for vessels on all waters of the 
Mississippi River from mile 488.0 to mile 480.5. Notifications of 
enforcement times will be communicated to the marine community via BNM 
and through Local Notice to Mariners (LNM). The impacts on navigation 
will be limited to ensuring the safety of mariners and vessels 
associated with hazards associated with the navigational channel being 
reduced in width, depth and shoaling.

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 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 entities: the owners or operators of vessels intending to transit 
the Mississippi River, from 5:43 p.m. September 9, 2015 to 11:59 p.m. 
on September 16, 2015. This emergency safety zone will not have a 
significant economic impact on a substantial number of small entities 
due to its limited scope and short duration. Additionally, requests to 
deviate from the rule will be considered on a case-by-case basis. 
Notifications to the marine community will be made through BNM, LNM, 
and communications with local waterway users. Notices of changes to the 
safety zone and effective times will also be made.

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 
INTFORMATION 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

[[Page 63928]]

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 is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. 
Because this safety zone is established in response to an emergency 
situation and is less than one week in duration, an environmental 
analysis checklist and a categorical exclusion determination are not 
required. Should this emergency situation require a safety zone lasting 
longer than one week, an environmental analysis checklist and a 
categorical exclusion determination will be made available as indicated 
under ADDRESSES.

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. A new temporary Sec.  165.T08-0894 is added to read as follows:


Sec.  165.T08-0894  Safety Zone; Mississippi River between mile 488.0 
and 480.5, Lake Providence, LA.

    (a) Location. The following area is a safety zone: all waters of 
the Mississippi River between mile 488.0 and mile 480.5, Lake 
Providence, LA, extending the entire width of the Mississippi River.
    (b) Enforcement Period. This rule will be enforced from 5:43 p.m. 
on September 9, 2015 through 11:59 p.m. on October 31, 2015, or unless 
the width and depth of river increase earlier and response efforts are 
complete, whichever occurs earlier.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port (COTP) Lower Mississippi River or 
a designated representative.
    (2) Persons or vessels desiring to enter into or passage through 
the zone must request permission from the COTP Lower Mississippi River 
or a designated representative. They may be contacted 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 Lower Mississippi River or designated 
representative.
    (d) Informational Broadcasts. The COTP Lower Mississippi River or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the emergency safety 
zone as well as any changes in the dates and times of enforcement.

    Dated: September 9, 2015.
T. J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2015-26956 Filed 10-21-15; 8:45 am]
 BILLING CODE 9110-04-P