[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Rules and Regulations]
[Pages 25519-25521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11462]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0451]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Vidalia, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending an established safety zone for 
emergency purposes for all navigable waters of the Lower Mississippi 
River (LMR), extending the entire width from mile 311.0 to mile 317.0. 
This emergency safety zone is needed to protect persons, property, and 
flood control infrastructure from the potential safety hazards 
associated with vessels underway transiting this area with dangerously 
high water levels. Entry into the safety zone is prohibited unless 
specifically authorized by the Captain of the Port Lower Mississippi 
River or a designated representative.

DATES: This rule is effective from 5 p.m. on May 19, 2017 through 11:59 
p.m. on June 2, 2017, or until the water levels have lowered to a less 
dangerous level, whichever occurs earlier. For the purposes of 
enforcement, actual notice will be used from May 19, 2017 through June 
2, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0451 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Ryan C. Thomas, U.S. Coast Guard; telephone 901-521-
4825, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Lower Mississippi River
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 the water levels have risen rapidly 
to dangerous levels and immediate action is needed to protect persons, 
and property during response efforts. Completing the full NPRM process 
is impracticable because we must establish this safety zone by May 19, 
2017 and lacks sufficient time to provide a reasonable comment period 
and then consider those comments before issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable and contrary to the public 
interest because immediate action is needed during the emergency 
operations in response to the higher than normal water levels on May 
19, 2017.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Coast Guard received notification from the US Army Corps of 
Engineers reporting high water levels are present in the vicinity of 
mile marker (MM) 315.0 on the Lower Mississippi River (LMR) near the 
Old River Control structures. As a result, danger of collision with the 
structures exists and is likely. The COTP Lower Mississippi River is 
establishing this safety zone effective from 5 p.m. May 19, 2017 to 
11:59 p.m. June 2, 2017 or until the water levels have lowered to a 
less dangerous level, whichever occurs earlier. This rule is needed to 
protect personnel, vessels, flood infrastructure, and the marine 
environment in the navigable waters within the safety zone while the 
high water levels are present.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the LMR 
from mile 311.0 to mile 317.0, extending the entire width of the river, 
from 5 p.m. May 19, 2017 through 11:59 p.m. on June 2, 2017 or until 
the water levels have lowered to a less dangerous level, whichever 
occurs earlier. Any vessel desiring to enter this safety zone must 
first obtain permission from the Captain of the Port Lower Mississippi 
River (COTP). The U.S. Army Corps of Engineers assist vessels present 
in the vicinity of the Old River Control Structure (WUG-424) have been 
delegated the authority to permit entry into this safety zone.
    Entry into this zone is prohibited unless permission has been 
granted by the COTP or a designated representative. Broadcast Notice to 
Mariners (BNM) will provide any changes in the schedule for this safety 
zone. Requests to enter the zone will be considered and reviewed on a 
case-by-case basis. The COTP may be contacted by telephone at 1-901-
521-4804 or can be reached by 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

[[Page 25520]]

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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. This emergency 
safety zone will restrict navigation on the Mississippi River from mile 
311.0 to 317.0 near Vidalia, Louisiana for 14 days. Vessels will be 
allowed to transit the zone with direction from the COTP or its 
designated representative. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone and the rule allows vessels to seek permission to enter the zone.

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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 an emergency safety zone that will prohibit entry into 
the zone unless permission has been granted by the COTP or a designated 
representative on the Mississippi River mile 311.0 to mile 317.0. It is 
categorically excluded from further review under paragraph L60 of 
Appendix A of the Commandant Instruction. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated under ADDRESSES.

G. 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.

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. Temporary Sec.  165.T08-0451 is added to read as follows:


Sec.  165.T08-0451  Safety Zone; Mississippi River, Vidalia, LA.

    (a) Location. The following area is an emergency safety zone: All 
navigable

[[Page 25521]]

waters of the Mississippi River between mile 311.0 and mile 317.0, 
extending the entire width of the river.
    (b) Enforcement date. This rule is effective from 5 p.m. on May 19, 
2017 through 11:59 p.m. on June 2, 2017, or until the water levels have 
lowered to a less dangerous level, whichever occurs earlier. For the 
purposes of enforcement, actual notice will be used from May 19, 2017 
through June 2, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Lower Mississippi 
River (COTP) or a designated representative.
    (2) The U.S. Army Corps of Engineers assist vessels present in the 
vicinity of the Old River Control Structures are designated 
representatives and may permit entry into this safety zone. They may be 
contacted on VHF-FM Channel 16 or Channel 13.
    (d) Informational broadcasts. The COTP 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: May 19, 2017.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2017-11462 Filed 6-1-17; 8:45 am]
BILLING CODE 9110-04-P