Rule2021-26281
Safety Zone; Lower Mississippi River, Southwest Pass Sea Buoy to Mile Marker 101, New Orleans, LA
Primary source
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Published
December 3, 2021
Effective
December 5, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary moving safety zone around the heavy load carrier vessel ZHEN HUA 23 as she transits the Lower Mississippi River between the Southwest Pass Sea Buoy and Port of New Orleans Terminal, mile marker 101. The moving safety zone extends from bank to bank encompassing one-mile ahead and one-mile astern of the vessel. This safety measure is necessary to protect persons and vessels from the potential safety hazards associated with congested maritime traffic on the Lower Mississippi River and the limited maneuverability and visibility of the vessel.
Full Text
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<title>Federal Register, Volume 86 Issue 230 (Friday, December 3, 2021)</title>
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[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Rules and Regulations]
[Pages 68562-68564]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26281]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0885]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Southwest Pass Sea Buoy to
Mile Marker 101, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the heavy load carrier vessel ZHEN HUA 23 as she transits the
Lower Mississippi River between the Southwest Pass Sea Buoy and Port of
New Orleans Terminal, mile marker 101. The moving safety zone extends
from bank to bank encompassing one-mile ahead and one-mile astern of
the vessel. This safety measure is necessary to protect persons and
vessels from the potential safety hazards associated with congested
maritime traffic on the Lower Mississippi River and the limited
maneuverability and visibility of the vessel.
DATES: This rule is effective from December 5, 2021 through December
15, 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-
2021-0885 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander William Stewart, Sector New Orlean,
U.S. Coast Guard; telephone 504-365-2246, email
<a href="/cdn-cgi/l/email-protection#d186b8bdbdb8b0bcff90ff82a5b4a6b0a3a591a4a2b2b6ffbcb8bd"><span class="__cf_email__" data-cfemail="194e7075757078743758374a6d7c6e786b6d596c6a7a7e37747075">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AHP Above Head of Passes
BHP Below Head of Passes
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of proposed rulemaking
MSIB Marine Safety Informtion Bulletin
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 expected arrival of the vessel is
less than two weeks away. It is impracticable to publish an NPRM
because we must establish this safety zone prior to the vessel's
arrival on December 5, 2021.
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 because immediate action is needed to
respond to the potential safety hazards associated with potential
safety hazards associated with congested maritime traffic on the Lower
Mississippi River and the limited maneuverability and visibility of the
heavy load carrier vessel.
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 New Orleans
(COTP) has determined that temporary moving safety zone is necessary to
provide for the safety of persons, vessels, and the marine environment
during the transit of the heavy load carrier vessel ZHEN HUA 23 to the
Port of New Orleans with limited maneuverability and visibility.
Potential hazards include risk of injury if normal vessel traffic were
to interfere with the vessel's movement. The transit is scheduled to
take place from 6 a.m. on December 5, 2021 through 8 p.m. on December
15, 2021, in the navigable waters of the Lower Mississippi River. This
rule is needed to protect persons, vessels, and the marine environment
from hazards associated with the vessel's limited maneuverability and
visibility in the navigable waters within the safety zone while the
vessel transits.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone from December
5, 2021 through December 15, 2021. The safety zone will cover all
navigable waters around the heavy load carrier vessel ZHEN HUA 23 as
she transits the Lower Mississippi River between the Southwest Pass Sea
Buoy and Port of New Orleans Terminal, MM 101. The moving safety zone
extends from bank to bank encompassing one-mile ahead and one-mile
astern of the vessel. This safety measure is necessary to protect
persons and vessels from the potential
[[Page 68563]]
safety hazards associated with congested maritime traffic on the Lower
Mississippi River and the limited maneuverability and visibility of the
vessel. 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. 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 minimal impacts on
routine navigation expected. The temporary moving safety zone will not
interfere with a vessel's ability to make passing and overtaking
arrangements. Routine navigation around and near the proposed safety
zone will not be impacted. The temporary moving safety zone is intended
to enable early notification of passing or overtaking arrangements,
providing additional time and opportunity to negotiate navigational
arrangements and to maneuver without causing delay in transit for both
the heavy load carrier and the other vessels operating in the area.
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 moving 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 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
establishing a temporary moving safety zone one mile ahead, one mile
astern and bank to bank of heavy load carrier vessel ZHEN HUA 23 on the
LMR, lasting ten days. It is categorically excluded from further review
under paragraph L60(a) 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.
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:
[[Page 68564]]
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,
Revision No. 01.2.
0
2. Add Sec. 165.T08-0885 to read as follows:
Sec. 165.T08-0885 Safety Zone; Lower Mississippi River, Southwest
Pass Sea Buoy to Mile Marker 101, New Orleans, LA.
(a) Location. The following area is a safety zone: All navigable
waters within the Lower Mississippi River and Southwest Pass, around
heavy lift carrier vessel ZHEN HUA 23 transiting between the Southwest
Pass Entrance Lighted Buoy ``SW'', at approximate position
28[deg]52'42'' N, 89[deg]25'54'' W [NAD 83] and Port of New Orleans at
approximate LMR MM 101 in New Orleans, Louisiana. The temporary moving
safety zone extends bank to bank, encompassing all waters one-mile
ahead and one-mile astern of the vessel. The zone remains in effect
during the entire transit of the vessel.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port New Orleans (COTP) in the enforcement of the safety
zone.
(c) 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, except as provided for in paragraph
(c)(3) of this section.
(2) For this section the Pilot directing the movement of the heavy
load carrier vessel ZHEN HUA 23 under the authority of the master has
the authority to allow other vessels to enter the safety zone when
necessary.
(3) All vessels are prohibited from entering this safety zone
unless authorized as follows:
(i) Vessels that have made suitable passing or overtaking
arrangements with the pilot onboard the vessel ZHEN HUA 23 may enter
into this safety zone in accordance with those agreed upon
arrangements.
(ii) Moored vessels or vessels anchored in a designated anchorage
area may remain in their current moored or anchored position while the
vessel ZHEN HUA 23 transits the area.
(iii) Barge Fleets or vessels working a fleet may continue their
current operations while the vessel ZHEN HUA 23 transits the area.
(4) Vessels requiring a deviation from this rule must request
permission from the Captain of the Port New Orleans. The Captain of the
Port New Orleans may be contacted at (504) 365-2545.
(d) Enforcement period. This section will be enforced from 6 a.m.
on December 5, 2021 through 8 p.m. on December 15, 2021.
(e) 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 (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: November 29, 2021
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2021-26281 Filed 12-2-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 3, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.