Rule2022-23340
Safety Zone; Upper Mississippi River Mile Markers 125-126, Sainte Genevieve, MO
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 31, 2022
Effective
October 31, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for all navigable waters of the Upper Mississippi River extending from mile marker (MM) 125 to MM 126 near Sainte Genevieve, MO. The safety zone is needed to protect personnel and vessels from potential hazards due to shoaling in the area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 209 (Monday, October 31, 2022)</title>
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[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Rules and Regulations]
[Pages 65529-65531]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23340]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0883]
RIN 1625-AA00
Safety Zone; Upper Mississippi River Mile Markers 125-126, Sainte
Genevieve, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Upper Mississippi River extending from mile
marker (MM) 125 to MM 126 near Sainte Genevieve, MO. The safety zone is
needed to protect personnel and vessels from potential hazards due to
shoaling in the area. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Upper Mississippi River or a designated representative.
DATES: This rule is effective without actual notice from October 31,
2022 through November 3, 2022. For the purposes of enforcement, actual
notice will be used from October 20, 2022, until October 31, 2022.
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-
2022-0883 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 Chief Nathaniel Dibley, Waterways Management, Sector Upper
Mississippi River, U.S. Coast Guard; telephone 314-269-2550, email
<a href="/cdn-cgi/l/email-protection#470926332f26292e222b690369032e252b223e0732342420692a2e2b"><span class="__cf_email__" data-cfemail="5f113e2b373e31363a33711b711b363d333a261f2a2c3c3871323633">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
[[Page 65530]]
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 would be impracticable. On October
14, 2022 a vessel grounded due to shoaling in the navigation channel.
Surveys were then conducted and the shoaling was confirmed in the
navigation channel of the Upper Mississippi River between MM 125 and MM
126, causing a hazard to navigation. The safety zone must be
established immediately to protect people and vessels from hazards
associated with operating in the vicninity of dangerous shoaling areas
during low water conditions. It is impracticable to publish an NPRM
because this safety zone must be established immediately.
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 the shoaling in
the navigation channel.
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)
Sector Upper Mississippi River has determined that potential hazards
associated with shoaling in the navigation channel during low water
conditions will be a safety concern for anyone transiting the Upper
Mississippi River between MM 125 and MM 126. This rule is needed to
protect personnel, vessels, and the marine environment from the
potential hazards of operating near shoaling in low water conditions.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from October 20,
2022, until November 3, 2022, or the until the hazard has been
mitigated. The safety zone will cover all navigable waters of the Upper
Mississippi River between MM 125 to MM 126. The COTP will terminate the
enforcement of this temporary safety zone before November 3, 2022, if
the hazards associated with the shoaling have been resolved and surveys
indicate that it is safe to transit. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The COTP may be contacted via
telephone at 314-269-2561.
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 on size, duration,
and location of the temporary safety zone. This temporary safety zone
will restrict vessel traffic within a 1 mile area of navigable waters
on the Upper Mississippi River between MM 125 and MM 126. This zone
will remain in effect only while the hazards associated with the
shoaling are present. Vessels seeking to enter or pass through the zone
may seek permission from the COTP Sector Upper Mississippi River.
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 (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
[[Page 65531]]
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 for all navigable waters of the Upper Mississippi
River from MM 125 to MM 126. The safety zone will last from October 20,
2022, until November 3, 2022, or until all hazards associated with the
shoaling have been resolved. 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.
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0883 to read as follows:
Sec. 165.0883 Safety Zone; Upper Mississippi River MM 125-126, Sainte
Genevieve, MO.
(a) Location. The safety zone will cover all navigable waters of
the Upper Mississippi River between mile markers (MM) 125 and MM 126.
(b) Enforcement period. This section will be enforced from October
20, 2022, and will continue until November 3, 2022, or until the
hazards associated with the shoaling have been resolved.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into the zone
are prohibited unless specifically authorized by the Captain of the
Port Sector Upper Mississippi River (COTP) or 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 Upper Mississippi River.
(2) If permission is granted, all person and vessels must comply
with the instructions of the COTP or designated representative while
proceeding through the zone.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement, through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Safety Marine Information Broadcast (SMIB)
as appropriate.
Dated: October 20, 2022.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2022-23340 Filed 10-28-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 31, 2022.
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