
[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39170-39172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16114]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0393]
RIN 1625-AA00


Safety Zone; Mississippi River, Mile Marker 230.0 to Mile Marker 
237.0, in the Vicinity of Baton Rouge, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Lower Mississippi River (LMR) beginning at mile 
marker (MM) 230.0 and ending at MM 237.0, in the vicinity of Baton 
Rouge, Louisiana. The safety zone is needed to protect persons and 
vessels from the potential safety hazards associated with a maritime 
salvage operation. Entry into this zone is prohibited unless vessels 
have met the specified instructions or are specifically authorized by 
the Captain of the Port New Orleans or a designated representative.

DATES: Effective date: This rule is effective in the CFR from July 2, 
2012, until 7 a.m. CST October 1, 2012. This rule is effective with 
actual notice for purposes of enforcement beginning 7 a.m. CST on June 
2, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0393 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0393 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 email Lieutenant (LT) Chris Norton, Marine 
Safety Unit Baton Rouge, at 225-298-5400 x230, 
Christopher.R.Norton@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
LMR Lower Mississippi River
MM Mile Marker

A. Regulatory History and Information

    A temporary safety zone for salvage operations resulting from high 
water incidents in the spring of 2011 was established under docket 
number USCG-2011-1077 (76 FR 60733). That safety zone was required as a 
safety measure to ensure protection for persons and vessels involved in 
the salvage operations and expired on February 15, 2012 when salvage 
was suspended due to river and weather conditions. This temporary final 
rule establishes a new safety zone implementing safety measures 
required for these salvage operations to now resume.
    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. The Coast Guard received notice on May 14, 2012 
that McKinney Salvage and Heavy Lift Inc. would resume maritime salvage 
operations in the vicinity of Baton Rouge, Louisiana. Due to forecasted 
river level stages averaging in the teens on the Baton Rouge river 
gauge around June 2, 2012, the opportunity to resume salvage operations 
is ideal and presents an immediate need for this safety zone. There is 
not time to perform the NPRM process for this rule without delaying the 
effective date for the temporary safety zone. Delaying this safety 
measure is contrary to the public interest because immediate action is 
necessary to protect the salvage crew, vessels, and mariners from the 
hazards associated with ongoing maritime salvage operations.
    For the same reasons, 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. The Coast Guard 
received notice on May 14, 2012 that McKinney Salvage and Heavy Lift 
Inc. would resume maritime salvage operations in the vicinity of Baton 
Rouge, Louisiana. Providing 30 days notice would be contrary to the 
public interest because it would delay the immediate action necessary 
to protect the salvage crew, vessels, and mariners from the hazards 
associated with ongoing maritime salvage operations.

B. Basis and Purpose

    On May 14, 2012 the Coast Guard received notice that salvage 
operations would resume on the LMR from MM 230.0 to MM 237.0. These 
operations will begin on 7 a.m. CST June 2, 2012, and continue until 7 
a.m. CST October 1, 2012. The Coast Guard determined that a safety zone 
is needed to protect the public, mariners, and vessels from the hazards 
associated with salvage operations the waterway. The operations that 
will be conducted are critical to maintaining safe navigation on the 
LMR. Any wake, beyond that created at minimum safe speed, or external 
force exerted on the salvage platform can compromise the safety of the 
salvage crew.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones. To safeguard persons and property from the 
hazards associated with salvage operations performed on a waterway, the 
COTP New Orleans will establish a safety zone on the LMR from MM 230.0 
to MM 237.0, 7 a.m. CST June 2, 2012, until 7 a.m. CST October 1, 2012.

C. Discussion of the Rule

    The Captain of the Port New Orleans will implement a Safety Zone on 
the LMR extending the entire width of the river from MM 230.0 to MM 
237.0. Mariners will be subject to requirements that will be listed in 
Marine Safety Information Bulletins from 7 a.m. CST on June 2, 2012 
until 7 a.m. CST on October 1, 2012.
    The temporary safety zone is needed due to McKinney Salvage and 
Heavy Lift Inc. conducting ongoing maritime

[[Page 39171]]

salvage operations in the vicinity of MM 230.0 to MM 237.0 on the LMR. 
The operations that will be conducted are critical to maintaining safe 
navigation on the LMR. Any wake, beyond that created at minimum safe 
speed, or external force exerted on the salvage platform can compromise 
the safety of the salvage crew.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS).
    This rule establishes additional safety restrictions necessary for 
transit on the LMR from MM 230.0 to MM 237.0, in the vicinity of Baton 
Rouge. These additional safety restrictions do not prevent safe transit 
through the area. Due to its duration and limited scope, this rule does 
not pose a significant regulatory impact.
    Additionally, notifications of this rule's effective dates and 
times and any changes to the rule will be made to the marine community 
through Marine Safety Information Bulletin's (MSIB) & Broadcast Notice 
to Mariners (BNM).

2. Impact on 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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit the LMR between MM 230.0 and 237.0 from 7 a.m. CST on June 2, 
2012 until 7 a.m. CST on October 1, 2012. This safety zone will not 
have a significant economic impact on a substantial number of small 
entities because vessels are still able to transit the area under the 
established safety restrictions which are also listed in Marine Safety 
Information Bulletins. Additionally, Broadcast Notices to Mariners will 
provide dates and times when the salvage operations will take place 
during the effective period and any changes in the intended salvage 
operations schedule. If you are a small business entity, contact LT 
Chris Norton, Marine Safety Unit Baton Rouge, at (225) 298-5400 or 
Christopher.R.Norton@uscg.mil.

3. 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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 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.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

[[Page 39172]]

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule establishes a 
temporary safety zone on the Mississippi River to protect persons and 
vessels from the potential safety hazards associated with maritime 
salvage operations and is over one week in duration. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are 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 rule.

 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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add temporary Sec.  165.T08-0393 to read as follows:


Sec.  165.T08-0393  Safety Zone; Mississippi River, Mile Marker 230.0 
to Mile Marker 237.0, in the Vicinity of Baton Rouge, LA.

    (a) Location. The following area is a safety zone: All waters of 
the Lower Mississippi River (LMR) beginning at mile marker (MM) 230.0 
and ending at MM 237.0, extending the entire width of the river, in the 
vicinity of Baton Rouge, Lousiana.
    (b) Effective and enforcement date. This section is effective 
during the transits of all vessels upriver and downriver from 7 a.m. 
CST June 2, 2012, until 7 a.m. CST October 1, 2012. This rule is 
effective with actual notice for purposes of enforcement beginning 7 
a.m. CST on June 2, 2012.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
vessels have met the specific instructions or are authorized by the 
Captain of the Port New Orleans or designated representative as further 
explained below.
    (2) Persons or vessels requiring entry into or passage through must 
have met the specific instructions or request permission from the 
Captain of the Port New Orleans or a designated representative.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port New Orleans and designated personnel. 
Designated personnel include commissioned, warrant, and petty officers 
of the U.S. Coast Guard.
    (4) The instructions of the Captain of the Port are as follows: The 
Captain of the Port New Orleans has implemented a Safety Zone on the 
LMR extending the entire width of the river from MM 230.0 to MM 237.0. 
This operation will continue from 7 a.m. CST on June 2, 2012 until 7 
a.m. CST on October 1, 2012.
    (d) Informational broadcasts. The Captain of the Port, New Orleans 
or a designated representative will inform the public through Broadcast 
Notices to Mariners and/or Marine Safety Information Bulletins of the 
effective period for the safety zone, requirements, and of any changes 
in the effective period, requirements or size of the safety zone.

    Dated: May 29, 2012.
J.J. Arenstam,
Captain, U.S. Coast Guard, Acting Captain of the Port New Orleans.
[FR Doc. 2012-16114 Filed 6-29-12; 8:45 am]
BILLING CODE 9110-04-P


