[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]
 BILLING CODE 9110-04-P