
[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Rules and Regulations]
[Pages 35567-35570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14073]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0376]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Marker 219 to Mile 
Marker 229, in the Vicinity of Port Allen Lock

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Lower Mississippi River beginning at mile marker 219 
and ending at mile marker 229, extending the entire width of the river, 
in the vicinity of Port Allen Lock. This safety zone is needed to 
protect persons and vessels from the potential safety hazards 
associated with high water. Entry into this zone is prohibited unless 
vessels have met the specified instructions or specifically authorized 
by the Captain of the Port, New Orleans or a designated representative.

DATES: This rule will be enforced with actual notice from 12 p.m. on 
May 5, 2013, until June 13, 2013. This rule is effective in the Code of 
Federal Regulations on June 13, 2013 until 12 p.m. on June 16, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0376. To view documents 
mentioned in this preamble as being available in the docket, go to 
http://www.regulations.gov, type the docket number in ``SEARCH'' box 
and click ``SEARCH''. Click on Open Docket Folder on the line 
associated with this rulemaking. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 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 rule, 
call or email Lieutenant Christopher Norton, Coast Guard Marine Safety 
Unit Baton Rouge; telephone (225) 298-5400, email 
Christopher.R.Norton@uscg.mil. If you have questions on viewing the 
docket, call Barbara Hairston, Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

[[Page 35568]]

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable. Immediate 
action is necessary to ensure the safe operation of vessels on the 
river during this period of elevated water levels. The water levels on 
the Lower Mississippi River in this area have risen very rapidly, 
creating a faster than normal current that is a hazard to the safe 
operation of vessels in the area. Publishing an NPRM would be 
impracticable because it would unnecessarily delay the immediate action 
needed to protect persons and vessels from the potential safety hazards 
associated with high water.
    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. As discussed above, a safety zone 
is immediately needed to protect the public from hazards associated 
with flooding caused by the elevated water levels. Therefore, 
publishing a NPRM and delaying its effective date would be 
impracticable and contrary to the public interest.

B. Basis and Purpose

    The Baton Rouge gauge has reached 33 feet and continues to rise. 
This elevated water level is creating a faster than usual current in 
the area of the Lower Mississippi River, therefore the Captain of the 
Port, New Orleans has implemented a safety zone from mile marker 219 to 
mile marker 225, Lower Mississippi River (LMR). This safety zone 
prohibits certain commercial vessels from operating in this area, 
unless they are in compliance with specific operational directions of 
the Captain of the Port, New Orleans.
    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; Public Law 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.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone for all 
waters of the Lower Mississippi River beginning at mile marker 219 and 
ending at mile marker 229, extending the entire width of the river, in 
the vicinity of Port Allen Lock. Commercial vessels are prohibited from 
entering into this safety zone unless they comply with the following 
directions of the Captain of the Port, New Orleans: Canal towing 
companies and tow operators with tows 600 feet in length or greater, 
excluding the length of the towing vessel, are required to use private 
assist vessels with a minimum of 1000 horse power when entering and 
exiting the Port Allen Locks. Tows exiting the Port Allen Locks 
intending to head northbound shall initially proceed southbound and 
then top around at or below mile marker 226 prior to heading north. 
Additionally, the Captain of the Port, New Orleans is recommending a 
tonnage restriction of 1 horse power per 5 ton or 280 horse power per 
regulation barge, while empty barges may be calculated at \1/2\ the 
horse power requirement. Commercial vessels that are not in compliance 
with the above directions may request special authorization to enter 
into or transit through the safety zone from the Captain of the Port, 
New Orleans.
    This rule is effective from 12 p.m. on May 5, 2013, until 12 p.m. 
on June 16, 2013, unless cancelled earlier by the Captain of the Port, 
New Orleans. The Captain of the Port, New Orleans may cancel this 
safety zone in the event the Baton Rouge Gage is reading below 33 feet 
and falling. The Captain of the Port, New Orleans or a designated 
representative will inform the public through Broadcast Notice to 
Mariners of changes in the effective period and enforcement times for 
the safety zone.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    This rule will be in effect for a limited time period and 
notifications to the marine community will be made by local notice to 
mariners, and subsequent notifications through broadcast notice to 
mariners. Deviation from the rule may be requested and will be 
considered on a case-by-case basis by the Captain of the Port, New 
Orleans or a designated representative. Most vessels will be able to 
transit through the zone, therefore the impacts on routine navigation 
are expected to be minimal, and this rule is not a significant 
regulatory action.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of certain 
commercial vessels intending to transit the Lower Mississippi River 
between mile marker 219 and mile marker 229. This safety zone will not 
have a significant economic impact on a substantial number of small 
entities because this rule will be in effect for only a short period of 
time, and these commercial vessels may transit freely though the zone 
if they are operating in compliance with the Captain of the Port, New 
Orleans' direction. If you are a small business entity with a concern 
about this temporary final rule, contact LT Christopher 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 (Public Law 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

[[Page 35569]]

concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT, above.
    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 will not call for a 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 
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.

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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

8. 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.

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.

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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves the establishment of a temporary safety zone as a 
result of elevated water levels on the Lower Mississippi River at mile 
marker 219 to mile marker 229 in the vicinity of Port Allen Lock. This 
rule is categorically excluded from further review under paragraph 
34(g) of figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES.

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 Sec.  165.T08-0376 to read as follows:


Sec.  165.T08-0376  Safety Zone; Lower Mississippi River, Mile Marker 
219 to Mile Marker 229, in the vicinity of Port Allen Lock.

    (a) Location. The following area is a safety zone: All waters of 
the Lower Mississippi River beginning at mile marker 219 and ending at 
mile marker 229, extending the entire width of the river, in the 
vicinity of Port Allen Lock.
    (b) Effective date. This section is effective from 12 p.m. local on 
May 5, 2013, until 12 p.m. local on June 16, 2013, unless cancelled 
earlier by the Captain of the Port, New Orleans.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, commercial towing vessels are prohibited 
from entering into this safety zone unless operating in compliance with 
the Captain of the Port, New Orleans' direction below, or unless 
specifically authorized by the Captain of the Port, New Orleans or 
designated representative. The Captain of the Port, New Orleans may be 
contacted via telephone at (225) 281-4785. A designated representative 
may include commissioned, warrant, and petty officers of the U.S. Coast 
Guard on scene within the safety zone area.
    (2) Commercial towing vessels requiring entry into or passage 
through this safety zone must comply with the Captain of the Port, New 
Orleans' following directions: Canal towing companies and tow operators 
with tows

[[Page 35570]]

600 feet in length or greater, excluding the length of the towing 
vessel, are required to use private assist vessels with a minimum of 
1000 horse power when entering and exiting the Port Allen Locks. Tows 
exiting the Port Allen Locks intending to head northbound shall 
initially proceed southbound and then top around at or below mile 
marker 226 prior to heading north. Additionally, the Captain of the 
Port, New Orleans is recommending a tonnage restriction of 1 horse 
power per 5 ton or 280 horse power per regulation barge, while empty 
barges may be calculated at \1/2\ the horse power requirement.
    (3) Commercial towing vessels that are not in compliance with the 
above direction may request special authorization from the Captain of 
the Port, New Orleans to enter or transit through the safety zone. Any 
vessel granted special authorization must comply with any specific 
additional restrictions imposed by the Captain of the Port, New 
Orleans.
    (d) Informational Broadcasts. The Captain of the Port, New Orleans 
or a designated representative will inform the public through broadcast 
notices to mariners (BNM) of any changes in the effective period or 
size of the safety zone.

    Dated: May 5, 2013.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2013-14073 Filed 6-12-13; 8:45 am]
BILLING CODE 9110-04-P


