
[Federal Register: June 10, 2010 (Volume 75, Number 111)]
[Rules and Regulations]               
[Page 32852-32854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn10-3]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0412]
RIN 1625-AA08

 
Navy River Swim Special Local Regulation; Lower Mississippi 
River, Walls, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
all waters of the Lower Mississippi River from mile marker 710 to 711 
extending the entire width of the river. This special local regulation 
is needed to protect persons and vessels from the potential safety 
hazards associated with an event involving a swim across the Lower 
Mississippi River.

DATES: This rule is effective from 5 a.m. to 9 a.m., local time, on 
June 18, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0412 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0412 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant Junior Grade Jason Erickson, 
Coast Guard; telephone 901-521-4753, e-mail Jason.A.Erickson@uscg.mil. 
If you have questions on viewing the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 immediate action is needed to protect 
the participants in the Mississippi River swim, spectators, and other 
mariners from the safety hazards associated with swimming across the 
Lower Mississippi River. Further, the Coast Guard had late notice with 
respect to the permit: the Coast Guard did not receive the application 
for a marine event permit until May 2010.
    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. This is because immediate action 
is needed to protect the participants in the Mississippi River swim, 
spectators, and other mariners from the safety hazards associated with 
swimming across the Lower Mississippi River.

Basis and Purpose

    On May 6, 2010, the Coast Guard received an Application for 
Approval of Marine Event for a swim across the Lower Mississippi River. 
A special local regulation is needed to protect participants, 
spectators, and other mariners from the possible hazards associated 
with a swim across the Lower Mississippi River.

Discussion of Rule

    The Coast Guard is establishing a special local regulation for all 
waters of the Lower Mississippi River from mile marker 710 to 711 
extending the entire width of the river. Entry into the designated 
areas will be prohibited to all vessels, mariners, and persons unless 
specifically authorized by the COTP Lower Mississippi River or a 
designated representative.
    The COTP Lower Mississippi River or a designated representative 
will inform the public through broadcast notices to mariners of changes 
in the effective period for the special local regulation. This rule is 
effective from 5 a.m. to 9 a.m., local time, on June 18, 2010.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    This rule will only be in effect for a short period of time and 
notifications to the marine community will be made through broadcast 
notices to mariners. The impacts on routine navigation are expected to 
be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.

[[Page 32853]]

    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the Lower Mississippi River between mile marker 710 and mile marker 
711, effective from 5 a.m. to 9 a.m., local time, on June 18, 2010.
    This special local regulation will not have a significant economic 
impact on a substantial number of small entities because this rule will 
only be in effect for four hours on the day the event is occurring. In 
addition, the common vessel traffic in this area is limited almost 
entirely to recreational vessels and commercial towing vessels.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves participants swimming across the 
Lower Mississippi River, and is not expected to result in any 
significant adverse environmental impact as described in NEPA.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
2. A new temporary Sec.  100.35T08-0412 is added to read as follows:

[[Page 32854]]

Sec.  100.35T08-0412  Navy River Swim Special Local Regulation; Lower 
Mississippi River Mile Marker 710 to 711, Walls, MS.

    (a) Location. The following area is a safety zone: all waters of 
the Lower Mississippi River, beginning at mile marker 710 and ending at 
mile marker 711, extending the entire width of the river.
    (b) Effective dates. This section is effective from 5 a.m. through 
9 a.m., local time, on June 18, 2010.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, entry into the designated area is prohibited 
unless authorized by the Captain of the Port Lower Mississippi River or 
a designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
designated area must request permission from the Captain of the Port 
Lower Mississippi River or a designated representative. They may be 
contacted on VHF-FM channels 16 or by telephone at (901) 521-4822.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Lower Mississippi River and designated 
personnel. Designated personnel include commissioned, warrant, and 
petty officers of the U.S. Coast Guard.
    (d) Informational Broadcasts: The Captain of the Port, Lower 
Mississippi River will inform the public when safety zones have been 
established via Broadcast Notice to Mariners.

    Dated: May 13, 2010.
Michael Gardiner,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2010-13908 Filed 6-9-10; 8:45 am]
BILLING CODE 9110-04-P

