[Federal Register Volume 85, Number 163 (Friday, August 21, 2020)]
[Rules and Regulations]
[Pages 51648-51650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17482]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0415]
RIN 1625-AA00


Emergency Safety Zone; Lower Mississippi River, Rosedale, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
emergency purposes for all waters of the Lower Mississippi River (LMR), 
extending from River Mile Marker (MM) 592.0 to MM 595.0. The emergency 
safety zone is needed to protect persons, property, infrastructure, and 
the marine environment from the potential safety hazards associated 
with the salvage and diving effort of two sunken barges at MM 593.5, in 
the vicinity of the Victoria Bend Revetment, Rosedale, Mississippi. 
Deviation from the safety zone is prohibited unless specifically 
authorized by the Captain of the Port Lower Mississippi River or a 
designated representative.

DATES: This rule is effective without actual notice from August 21, 
2020 through August 31, 2020, or until all salvage and diving work is 
complete, whichever occurs earlier. For purposes of enforcement, actual 
notice will be used from August 3, 2020 through August 21, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0415 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Adam J. Paz, U.S. Coast Guard; telephone 901-521-4825, 
email adam.j.paz@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM River Mile Marker
NPRM Notice of proposed rulemaking
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 salvage efforts for two sunken barges 
mid-river will impede the safe navigation of vessel traffic, and 
immediate action is needed to protect persons and property. Completing 
the full NPRM process is impracticable because we must establish this 
safety zone by August 3, 2020.
    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 and contrary to the public interest 
because immediate action is needed to respond to the potential safety 
hazards associated with salvage operations in the vicinity of Victoria 
Bend Revetment.

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) Lower 
Mississippi River (LMR) has determined that potential hazards 
associated with the salvage of two sunken barges will be a safety 
concern for anyone within a one and one-half mile radius of the salvage 
and diving vessels and machinery. This rule is needed to protect 
persons, property, infrastructure, and the marine environment in all 
waters of the LMR within the safety zone while the salvage and diving 
work is being conducted.

IV. Discussion of the Rule

    This rule establishes a temporary emergency safety zone from August 
3, 2020 through August 31, 2020, or until all salvage and diving work 
is complete, whichever occurs earlier. The safety zone will cover all 
waters of the LMR from MM 592.0 to MM 595.0, extending the entire width 
of the river. The safety

[[Page 51649]]

zone will only be activated during daylight hours when salvage work 
precludes safe navigation of the established channel. The duration of 
the zone is intended to protect persons, property, infrastructure, and 
the marine environment in these navigable waters while salvage and 
diving work is being conducted. 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This emergency safety zone 
will temporarily restrict navigation during daylight hours on the LMR 
from MM 592.0 to MM 595.0 in the vicinity of Rosedale, Mississippi, 
from August 3, 2020 through August 31, 2020, or until all salvage and 
diving work is complete, whichever occurs earlier. The Coast Guard will 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
informing the public of the times that the zone will be activated, and 
the rule would allow vessels to seek permission to enter the zone on a 
case-by-case basis.

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 (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 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 a 
temporary emergency safety zone on the LMR from MM 592.0 to MM 595.0, 
that will prohibit entry into this zone unless permission has been 
granted by the COTP Lower Mississippi or a designated representative. 
The safety zone will only be enforced for short durations during 
daylight hours while salvage and diving work precludes the safe 
navigation of the established channel. 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.

[[Page 51650]]

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. 0170.1.


0
2. Add Sec.  165.T08-0415 to read as follows:


Sec.  165.T08-0415  Emergency Safety Zone; Lower Mississippi River, 
Rosedale, MS.

    (a) Location. The following area is a safety zone: All waters of 
the Mississippi River from MM 592.0 to MM 595.0.
    (b) 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.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone or email. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (c) Enforcement period. This section will be enforced as needed 
during daylight hours from August 3, 2020 through August 31, 2020, or 
until all salvage and diving work is complete, whichever occurs 
earlier. Periods of activation will be promulgated by Broadcast Notice 
to Mariners.

    Dated: July 30, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi River.
[FR Doc. 2020-17482 Filed 8-20-20; 8:45 am]
BILLING CODE 9110-04-P


