Rule2024-09266
Safety Zone; Lower Mississippi River, Natchez, MS
Primary source
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Published
April 30, 2024
Effective
June 15, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters on the Lower Mississippi River from mile marker 364.5 to mile marker 365.5. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by waterborne fireworks display with a fallout zone of approximately 560 feet around the barge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Lower Mississippi River.
Full Text
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<title>Federal Register, Volume 89 Issue 84 (Tuesday, April 30, 2024)</title>
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[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Rules and Regulations]
[Pages 34128-34130]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09266]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0343]
RIN 1625-AA11
Safety Zone; Lower Mississippi River, Natchez, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Lower Mississippi River from mile marker 364.5
to mile marker 365.5. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
waterborne fireworks display with a fallout zone of approximately 560
feet around the barge. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port,
Sector Lower Mississippi River.
DATES: This rule is effective on June 15, 2024, from 8:30 p.m. to 9:15
p.m.
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-
2024-0343 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 about this
rule, call
[[Page 34129]]
or email MST1 Peter Buczakowski, U.S. Coast Guard; telephone 206-820-
5297, email <a href="/cdn-cgi/l/email-protection#6030051405124e2c4e2215031a010b0f17130b0920151303074e0d090c"><span class="__cf_email__" data-cfemail="a0f0c5d4c5d28eec8ee2d5c3dac1cbcfd7d3cbc9e0d5d3c3c78ecdc9cc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it's impracticable.
The NPRM process would delay the establishment of the safety zone until
after the date of the event and compromise public safety. We must
establish this temporary safety zone by June 15, 2024, and lack of
sufficient time to provide reasonable comment period and then consider
those comments before issuing the rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Lower Mississippi River (COTP)
has determined that potential hazards associated with waterborne
fireworks display will be a safety concern for anyone located on the
Lower Mississippi River mile marker 364.5 to mile marker 365.5. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the temporary safety zone
during the operation of the waterborne fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:30 p.m. until 9:15 p.m.
on June 15, 2024. The safety zone will cover all navigable waters on
the Lower Mississippi River from mile marker 364.5 to mile marker
365.5. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters during
the operations of the waterborne fireworks display. 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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 temporary safety zone. This temporary
safety zone will temporarily restrict navigation on the Lower
Mississippi River from mile marker 364.5 to mile marker 365.5 in the
vicinity of Natchez, MS, on June 15, 2024, from 8:30 p.m. until 9:15
p.m. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners, Local Notice to Mariners, and/or Marine Safety Information
Bulletins, as appropriate.
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 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
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$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 lasting approximately one hour that will prohibit
entry on the Lower Mississippi River from mile marker 364.5 to mile
marker 365.5. 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, 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0343 to read as follows:
Sec. 165.T08-0343 Safety Zone; Lower Mississippi River, Natchez, MS
(a) Location. The following area is a safety zone: All navigable
waters on the Lower Mississippi River from mile marker 364.5 to mile
marker 365.5 in the vicinity of Natchez, MS.
(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 Sector Lower Mississippi River (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 temporary 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 VHF-FM channel 16 or by telephone at 314-269-2332.
Those in the temporary safety zone must comply with all lawful orders
or directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be subject to enforcement
from 8:30 p.m. to 9:15 p.m. on June 15, 2024.
Dated: April 24, 2024.
Kristi L. Bernstein,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2024-09266 Filed 4-29-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 30, 2024.
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