[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Rules and Regulations]
[Pages 68562-68564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26281]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0885]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Southwest Pass Sea Buoy to 
Mile Marker 101, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
around the heavy load carrier vessel ZHEN HUA 23 as she transits the 
Lower Mississippi River between the Southwest Pass Sea Buoy and Port of 
New Orleans Terminal, mile marker 101. The moving safety zone extends 
from bank to bank encompassing one-mile ahead and one-mile astern of 
the vessel. This safety measure is necessary to protect persons and 
vessels from the potential safety hazards associated with congested 
maritime traffic on the Lower Mississippi River and the limited 
maneuverability and visibility of the vessel.

DATES: This rule is effective from December 5, 2021 through December 
15, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0885 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander William Stewart, Sector New Orlean, 
U.S. Coast Guard; telephone 504-365-2246, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes
BHP Below Head of Passes
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of proposed rulemaking
MSIB Marine Safety Informtion Bulletin
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 expected arrival of the vessel is 
less than two weeks away. It is impracticable to publish an NPRM 
because we must establish this safety zone prior to the vessel's 
arrival on December 5, 2021.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with potential 
safety hazards associated with congested maritime traffic on the Lower 
Mississippi River and the limited maneuverability and visibility of the 
heavy load carrier vessel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port New Orleans 
(COTP) has determined that temporary moving safety zone is necessary to 
provide for the safety of persons, vessels, and the marine environment 
during the transit of the heavy load carrier vessel ZHEN HUA 23 to the 
Port of New Orleans with limited maneuverability and visibility. 
Potential hazards include risk of injury if normal vessel traffic were 
to interfere with the vessel's movement. The transit is scheduled to 
take place from 6 a.m. on December 5, 2021 through 8 p.m. on December 
15, 2021, in the navigable waters of the Lower Mississippi River. This 
rule is needed to protect persons, vessels, and the marine environment 
from hazards associated with the vessel's limited maneuverability and 
visibility in the navigable waters within the safety zone while the 
vessel transits.

IV. Discussion of the Rule

    This rule establishes a temporary moving safety zone from December 
5, 2021 through December 15, 2021. The safety zone will cover all 
navigable waters around the heavy load carrier vessel ZHEN HUA 23 as 
she transits the Lower Mississippi River between the Southwest Pass Sea 
Buoy and Port of New Orleans Terminal, MM 101. The moving safety zone 
extends from bank to bank encompassing one-mile ahead and one-mile 
astern of the vessel. This safety measure is necessary to protect 
persons and vessels from the potential

[[Page 68563]]

safety hazards associated with congested maritime traffic on the Lower 
Mississippi River and the limited maneuverability and visibility of the 
vessel. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

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. 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).
    This regulatory action determination is based on minimal impacts on 
routine navigation expected. The temporary moving safety zone will not 
interfere with a vessel's ability to make passing and overtaking 
arrangements. Routine navigation around and near the proposed safety 
zone will not be impacted. The temporary moving safety zone is intended 
to enable early notification of passing or overtaking arrangements, 
providing additional time and opportunity to negotiate navigational 
arrangements and to maneuver without causing delay in transit for both 
the heavy load carrier and the other vessels operating in the area.

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 moving 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 
call or email 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.

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 an 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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 
establishing a temporary moving safety zone one mile ahead, one mile 
astern and bank to bank of heavy load carrier vessel ZHEN HUA 23 on the 
LMR, lasting ten days. It is categorically excluded from further review 
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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:

[[Page 68564]]

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, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1, 
Revision No. 01.2.


0
2. Add Sec.  165.T08-0885 to read as follows:


Sec.  165.T08-0885  Safety Zone; Lower Mississippi River, Southwest 
Pass Sea Buoy to Mile Marker 101, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters within the Lower Mississippi River and Southwest Pass, around 
heavy lift carrier vessel ZHEN HUA 23 transiting between the Southwest 
Pass Entrance Lighted Buoy ``SW'', at approximate position 
28[deg]52'42'' N, 89[deg]25'54'' W [NAD 83] and Port of New Orleans at 
approximate LMR MM 101 in New Orleans, Louisiana. The temporary moving 
safety zone extends bank to bank, encompassing all waters one-mile 
ahead and one-mile astern of the vessel. The zone remains in effect 
during the entire transit of the vessel.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port New Orleans (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative, except as provided for in paragraph 
(c)(3) of this section.
    (2) For this section the Pilot directing the movement of the heavy 
load carrier vessel ZHEN HUA 23 under the authority of the master has 
the authority to allow other vessels to enter the safety zone when 
necessary.
    (3) All vessels are prohibited from entering this safety zone 
unless authorized as follows:
    (i) Vessels that have made suitable passing or overtaking 
arrangements with the pilot onboard the vessel ZHEN HUA 23 may enter 
into this safety zone in accordance with those agreed upon 
arrangements.
    (ii) Moored vessels or vessels anchored in a designated anchorage 
area may remain in their current moored or anchored position while the 
vessel ZHEN HUA 23 transits the area.
    (iii) Barge Fleets or vessels working a fleet may continue their 
current operations while the vessel ZHEN HUA 23 transits the area.
    (4) Vessels requiring a deviation from this rule must request 
permission from the Captain of the Port New Orleans. The Captain of the 
Port New Orleans may be contacted at (504) 365-2545.
    (d) Enforcement period. This section will be enforced from 6 a.m. 
on December 5, 2021 through 8 p.m. on December 15, 2021.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: November 29, 2021
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2021-26281 Filed 12-2-21; 8:45 am]
BILLING CODE 9110-04-P