[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Rules and Regulations]
[Pages 7995-7997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04014]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0126]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Port Gibson, MS
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 navigable waters of the Lower Mississippi River, extending
the entire width of the river, from mile marker (MM) 405 to MM 408.
This emergency safety zone is necessary to protect persons, property,
and infrastructure from potential damage and safety hazards associated
with vessels transiting this area during high water. This rule
prohibits persons and vessels from entering the safety zone area unless
specifically authorized by the Captain of the Port Sector Lower
Mississippi River (COTP) or a designated representative.
DATES: This rule is effective without actual notice from March 6, 2019
through 7 p.m. on April 15, 2019, or until the high water event ceases,
whichever occurs first. For the purposes of enforcement, actual notice
will be used from February 28, 2019 through March 6, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0126 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 Petty Officer Todd Manow, Sector Lower Mississippi River
Prevention Department, U.S. Coast Guard; telephone 901-521-4813, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector 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 it is impracticable. Increasing high
water in
[[Page 7996]]
this area requires immediate action to protect persons, property and
power plant infrastructure from the potential safety hazards associated
with vessels transiting this area during high water. This safety zone
must be established immediately to protect people and vessels
associated with and resulting from the high water and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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
contrary to public interest because immediate action is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by the increasing high water.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Lower Mississippi River (COTP)
has determined that there are potential hazards associated with
increasing high water, including possible emergency operations to
repair damage to power distribution infrastructure taking place on the
left descending bank of the Lower Mississippi River between Mile Marker
(MM) 405 and 408 in the vicinity of the Entergy Grand Gulf Nuclear
Power Facility, in Port Gibson, MS. Loss of the power distribution
lines system would be catastrophic to large areas of Louisiana and
Mississippi. This rule is needed to protect persons, property, and
infrastructure from potential damage and safety hazards associated with
vessels transiting this safety zone during high water.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone for all
navigable waters of the Lower Mississippi River, extending the entire
width of the river, from MM 405 to MM 408. Transit into and through
this area is prohibited for all traffic beginning on February 28, 2019
to continue through 7 p.m. on April 15, 2019. The COTP will terminate
the enforcement of this safety zone before April 15, 2019, if the high
water event ceases. Entry into this safety zone is prohibited unless
specifically authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Lower Mississippi River.
Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 1-866-777-2784 or
can be reached by VHF-FM channel 16. Persons and vessels permitted to
transit this safety zone shall not meet, pass, or overtake any vessel
currently transiting, shall maintain slowest speed for safe navigation,
and shall comply with all lawful directions issued by the COTP or the
designated representative.
This safety zone may include closures and/or navigation
restrictions and requirements that are vital to maintaining safe
navigation on the Lower Mississippi River during the high water.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone.
V. 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 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zone. This emergency safety zone
will restrict vessel traffic from entering or transiting through a
three-mile section of the navigable waterways of the Lower Mississippi
River from MM 405 to MM 408, in the vicinity of Port Gibson, MS, from
February 28, 2019 through 7 p.m. on April 15, 2019.
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
temporary 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
[[Page 7997]]
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 lasting approximately one and a
half months that will prohibit entry into a three-mile stretch of the
Lower Mississippi River during a hazardous high-water event. It is
categorically excluded from further review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration (REC) supporting this
determination will be made 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: 46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.35T08-0229 to read as follows:
Sec. 165.35T08-0229 Safety Zone; Lower Mississippi River; Port
Gibson, MS.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River, extending the entire width of
the river, from mile marker (MM) 405 to MM 408, in the vicinity of Port
Gibson, MS.
(b) Period of enforcement. This section is effective without actual
notice from March 6, 2019 through 7 p.m. on April 15, 2019, or until
the high water event ceases, whichever occurs first. For the purposes
of enforcement, actual notice will be used from February 28, 2019
through March 6, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Sector Lower Mississippi River (COTP) or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Lower Mississippi River.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at 1-866-777-2784 or on VHF-FM channel 16.
(3) Persons and vessels permitted to enter this safety zone shall
not meet, pass, or overtake any vessel currently transiting, shall
maintain slowest speed for safe navigation, and shall comply with all
lawful directions issued by the COTP or the designated representative.
(d) Informational broadcasts. This safety zone may include closures
and/or navigation restrictions and requirements that are vital to
maintaining safe navigation on this section of the Lower Mississippi
River during the high water. The COTP or a designated representative
will inform the public through broadcast notices to mariners of any
changes in the enforcement period for the safety zone.
Dated: February 28, 2019.
R. Tamez,
Captain, U. S. Coast Guard, Captain of the Port Sector Lower
Mississippi River.
[FR Doc. 2019-04014 Filed 3-5-19; 8:45 am]
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