[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Rules and Regulations]
[Pages 65529-65531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23340]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0883]
RIN 1625-AA00


Safety Zone; Upper Mississippi River Mile Markers 125-126, Sainte 
Genevieve, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Upper Mississippi River extending from mile 
marker (MM) 125 to MM 126 near Sainte Genevieve, MO. The safety zone is 
needed to protect personnel and vessels from potential hazards due to 
shoaling in the area. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Upper Mississippi River or a designated representative.

DATES: This rule is effective without actual notice from October 31, 
2022 through November 3, 2022. For the purposes of enforcement, actual 
notice will be used from October 20, 2022, until October 31, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0883 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 Chief Nathaniel Dibley, Waterways Management, Sector Upper 
Mississippi River, U.S. Coast Guard; telephone 314-269-2550, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking

[[Page 65530]]

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 would be impracticable. On October 
14, 2022 a vessel grounded due to shoaling in the navigation channel. 
Surveys were then conducted and the shoaling was confirmed in the 
navigation channel of the Upper Mississippi River between MM 125 and MM 
126, causing a hazard to navigation. The safety zone must be 
established immediately to protect people and vessels from hazards 
associated with operating in the vicninity of dangerous shoaling areas 
during low water conditions. It is impracticable to publish an NPRM 
because this safety zone must be established immediately.
    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 the shoaling in 
the navigation channel.

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 (COTP) 
Sector Upper Mississippi River has determined that potential hazards 
associated with shoaling in the navigation channel during low water 
conditions will be a safety concern for anyone transiting the Upper 
Mississippi River between MM 125 and MM 126. This rule is needed to 
protect personnel, vessels, and the marine environment from the 
potential hazards of operating near shoaling in low water conditions.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from October 20, 
2022, until November 3, 2022, or the until the hazard has been 
mitigated. The safety zone will cover all navigable waters of the Upper 
Mississippi River between MM 125 to MM 126. The COTP will terminate the 
enforcement of this temporary safety zone before November 3, 2022, if 
the hazards associated with the shoaling have been resolved and surveys 
indicate that it is safe to transit. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The COTP may be contacted via 
telephone at 314-269-2561.

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 on size, duration, 
and location of the temporary safety zone. This temporary safety zone 
will restrict vessel traffic within a 1 mile area of navigable waters 
on the Upper Mississippi River between MM 125 and MM 126. This zone 
will remain in effect only while the hazards associated with the 
shoaling are present. Vessels seeking to enter or pass through the zone 
may seek permission from the COTP Sector Upper Mississippi River.

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 
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

[[Page 65531]]

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 a 
temporary safety zone for all navigable waters of the Upper Mississippi 
River from MM 125 to MM 126. The safety zone will last from October 20, 
2022, until November 3, 2022, or until all hazards associated with the 
shoaling have been resolved. 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. 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:

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. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0883 to read as follows:


Sec.  165.0883  Safety Zone; Upper Mississippi River MM 125-126, Sainte 
Genevieve, MO.

    (a) Location. The safety zone will cover all navigable waters of 
the Upper Mississippi River between mile markers (MM) 125 and MM 126.
    (b) Enforcement period. This section will be enforced from October 
20, 2022, and will continue until November 3, 2022, or until the 
hazards associated with the shoaling have been resolved.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry of vessels or persons into the zone 
are prohibited unless specifically authorized by the Captain of the 
Port Sector Upper Mississippi River (COTP) or 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 Upper Mississippi River.
    (2) If permission is granted, all person and vessels must comply 
with the instructions of the COTP or designated representative while 
proceeding through the zone.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement, through Local Notice to Mariners (LNMs), Broadcast Notices 
to Mariners (BNMs), and/or Safety Marine Information Broadcast (SMIB) 
as appropriate.

    Dated: October 20, 2022.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2022-23340 Filed 10-28-22; 8:45 am]
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