[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Proposed Rules]
[Pages 11035-11037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05560]
[[Page 11035]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0123]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Ohio River, and Upper
Mississippi River, Bird's Point-New Madrid Floodway
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for all navigable waters of the Lower Mississippi River from mile
marker (MM) 953.8 to MM 887.0, the Upper Mississippi River from MM 0.0
to MM 3.0, and the Ohio River from MM 981.5 to MM 978.5. This action is
necessary to protect persons, property, and infrastructure from
potential damage and the safety hazards associated with the demolition
of federal levees on the Lower Mississippi River and utilization of the
Bird's Point-New Madrid Floodway. This proposed rulemaking would
prohibit the entry of vessels or persons into this temporary safety
zone unless specifically authorized by the Captain of the Port Sector
Ohio Valley (COTP) or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before April 24, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0123 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Dylan Caikowski, MSU Paducah,
U.S. Coast Guard; telephone 270-442-1621 ext. 2120, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The purpose of this rulemaking is to ensure the safety of vessels
on the navigable waters of the Lower Mississippi River, Upper
Mississippi River, and Ohio River during high water event. The United
States Army Corps of Engineers may deem it necessary to demolish
certain federal levees on the Lower Mississippi River and utilize the
Bird's Point-New Madrid Floodway, to maintain the integrity of the
Lower Mississippi River, Upper Mississippi River, Ohio River, and all
associated tributaries. During this time, a temporary safety zone on
the Lower Mississippi River, Upper Mississippi River, and Ohio River
would be necessary to protect persons, property, and infrastructure
from potential damage and safety hazards associated with the demolition
of federal levees on the Lower Mississippi River and utilization of the
Bird's Point-New Madrid Floodway. The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
demolition of the federal levees on the Lower Mississippi River and re-
stabilization of the waterway would be a safety concern for anyone in
the vicinity of the Lower Mississippi River from mile marker (MM) 953.8
to MM 887.0, the Upper Mississippi River from MM 0.0 to MM 3.0, and the
Ohio River from MM 981.5 to MM 978.5. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP proposes to establish a temporary safety zone on all
navigable waters of the Lower Mississippi River from MM 953.8 MM 887.0,
the Upper Mississippi River from MM 0.0 to MM 3.0, and the Ohio River
from MM 981.5 to MM 978.5, in the event of the demolition of the
federal levees on the Lower Mississippi River and utilization of the
Bird's Point-New Madrid Floodway. The COTP or a designated
representative would inform the public of the enforcement date and
times for this safety zone, as well as any emergent safety concerns
that may delay the enforcement of the zone through Local Notices to
Mariners (LNMs), and/or actual notice.
No vessels or persons would be permitted to enter the proposed
safety zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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, duration, and time-of-day of the temporary safety zone. The
safety zone would only impact a relatively small portion of the
waterway and would only be in effect during the demolition process and
approximately 36 hours after to allow for stabilization of the
waterway. After approximately 36 hours, vessels would be allowed to
transit. Additionally, the safety zone would be limited to the high
water event if the U.S. Army Corps of Engineers deems it necessary to
demolish the federal levees on the Lower Mississippi River and utilize
the Bird's Point-New Madrid Floodway.
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
proposed rule would not
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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 IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination 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 proposed rule involves a safety zone on all waters of
the Lower Mississippi River from MM 953.8 to MM 887.0, the Upper
Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from MM
981.5 to MM 978.5, during demolition of the federal levees on the Lower
Mississippi River and utilization of the Bird's Point-New Madrid
Floodway. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is 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 proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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.T846 to read as follows:
Sec. 165.T846 Safety Zone; Lower Mississippi River, Ohio River, and
Upper Mississippi River, Bird's Point-New Madrid Floodway
(a) Location. The temporary safety zone will encompass all waters
of the Lower Mississippi River from mile marker (MM) 953.8 to MM 887.0,
the
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Upper Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from
MM 981.5 to MM 978.5.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this
temporary safety zone is prohibited unless authorized by the Captain of
the Port Sector Ohio Valley or a designated representative.
(2) To seek permission to enter, contact the Captain of the Port
Sector Ohio Valley or a designated representative by radio VHF-FM
Channel 16 or via phone at 502-779-5422. Those in the safety zone must
comply with all lawful orders or directions given to them by the
Captain of the Port Sector Ohio Valley or a designated representative.
(c) Enforcement period. The COTP or a designated representative
will inform the public of the enforcement date and times for this
safety zone, as well as any emergent safety concerns that may delay the
enforcement of the zone through Local Notices to Mariners (LNMs), and/
or actual notice.
Dated: March 14, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-05560 Filed 3-22-19; 8:45 am]
BILLING CODE 9110-04-P