Rule2021-15129
Fixed and Moving Safety Zone; Around the USACE Bank Grading Units and USACE Mat Sinking Unit
Primary source
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Published
July 15, 2021
Effective
July 15, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary fixed and moving safety zone for all waters within 300 yards of the U.S. Army Corps of Engineers (USACE) Bank Grading Units and USACE Mat Sinking Unit while operating on the Lower Mississippi River between MM332 through MM862. The safety zone is needed to protect persons, property, infrastructure, and the marine environment from the potential safety hazards associated with the bank grading and mat sinking operations performed by the USACE. During the effective period, USACE operations may require at times one way traffic, or complete closures during daylight hours when no traffic will be allowed to transit within 300 yards of the operation. Broadcast Notice to Mariners will be used to inform marine traffic of these times based on notice provided by the USACE. Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port, Lower Mississippi River, or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 133 (Thursday, July 15, 2021)</title>
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[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Rules and Regulations]
[Pages 37242-37244]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15129]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0392]
RIN 1625-AA00
Fixed and Moving Safety Zone; Around the USACE Bank Grading Units
and USACE Mat Sinking Unit
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary fixed and moving
safety zone for all waters within 300 yards of the U.S. Army Corps of
Engineers (USACE) Bank Grading Units and USACE Mat Sinking Unit while
operating on the Lower Mississippi River between MM332 through MM862.
The safety zone is needed to protect persons, property, infrastructure,
and the marine environment from the potential safety hazards associated
with the bank grading and mat sinking operations performed by the
USACE. During the effective period, USACE operations may require at
times one way traffic, or complete closures during daylight hours when
no traffic will be allowed to transit within 300 yards of
[[Page 37243]]
the operation. Broadcast Notice to Mariners will be used to inform
marine traffic of these times based on notice provided by the USACE.
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 from July 15, 2021 until December 31,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0392 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 MSTC Lindsey Swindle, U.S. Coast Guard; telephone 901-
521-4813, email <a href="/cdn-cgi/l/email-protection#3a7653545e495f43147714694d53545e565f7a4f49595d14575356"><span class="__cf_email__" data-cfemail="460a2f282235233f680b6815312f28222a230633352521682b2f2a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower Mississippi River
DHS Department of Homeland Security
FR Federal Register
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 the USACE is taking necessary and
immediate action to protect persons, property, infrastructure, and the
marine environment.. Completing the full NPRM process is impracticable
because the USCG must establish this safety zone as soon as possible to
protect persons, property, infrastructure, and the marine environment
from the potential safety hazards associated with the time critical
USACE operations.
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 contrary to the public interest because we must
respond to the potential safety hazards associated with the bank
grading and mat sinking operations in the LMR by July 15, 2021.
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, LMR
has determined that potential hazards associated with the bank grading
and mat sinking operations will be a safety concern for anyone within a
300 yard radius of USACE equipment This rule is needed to protect
persons, property, infrastructure, and the marine environment within
the safety zone while USACE operations are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from July 15, 2021,
through December 31, 2021. The safety zone will cover all navigable
waters of the LMR from Mile Marker (MM) 332 through MM 862 extending
the entire width of the river. The safety zone will only be activated
when USACE operations preclude 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 operations are being conducted. Broadcast Notice to
Mariners will be used to inform marine traffic of these times based on
notice provided by the USACE.
Entry of persons or vessels into this safety zone is prohibited
unless authorized by the COTP or a 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 Lower Mississippi River. Persons or vessels seeking to
enter the safety zones must request permission from the COTP or a
designated representative on VHF-FM channel 16 or by telephone at 314-
269-2332. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
The COTP or a designated representative will inform the public of the
enforcement times and date for this safety zone through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs), as appropriate.
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 the size,
location, and duration of the safety zone. This safety zone will
temporarily restrict navigation on the LMR from MM 332 through MM 863,
from July 15, 2021 through December 31, 2021. Moreover, The Coast Guard
will issue BNMs, LNMs, and/or Marine Safety Information Bulletins as
appropriate. The rule allows vessels to seek permission to enter the
zone.
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
temporary 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
[[Page 37244]]
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 safety zone on the LMR from MM 332 through MM 863, that will
prohibit entry into this temporary zone. The safety zone will only be
enforced while operations preclude the safe navigation of the
established channel. It is categorically excluded from further review
under paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1.
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. 0170.1.
0
2. Add Sec. 165.T08-0392 to read as follows:
Sec. 165.T08-0392 Fixed and Moving Safety Zone; around USACE Bank
Grading Unit and USACE Mat Sinking Unit.
(a) Location. The following area is a safety zone: All waters of
the Lower Mississippi River from MM 332 through MM 863.
(b) Regulations. (1) The safety zone described in paragraph (a) of
this section will be activated when USACE operations preclude safe
navigation of the established channel. The Coast Guard will inform
marine traffic of the of the times the safety zone is activated using
Broadcast Notice to Mariners.
(2) 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 when the safety zone is activated unless authorized by the
Captain of the Port Sector Lower Mississippi River (COTP) or the COTP's
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 Lower
Mississippi River.
(3) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16 or by telephone at 314-269-2332.
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 periodically,
as announced on Broadcast Notice to Mariners, from July 15, 2021 until
December 31, 2021.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts, as appropriate.
Dated: July 12, 2021.
S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2021-15129 Filed 7-14-21; 8:45 am]
BILLING CODE 9110-04-P
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