Emergency Safety Zone; Lower Mississippi River, Helena, AR
| Published date | 29 July 2020 |
| Citation | 85 FR 45519 |
| Record Number | 2020-15888 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 85 Issue 146 (Wednesday, July 29, 2020)
[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Rules and Regulations]
[Pages 45519-45521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15888]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0408]
RIN 1625-AA00
Emergency Safety Zone; Lower Mississippi River, Helena, AR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for emergency
purposes for all waters of the Lower Mississippi River (LMR), extending
from mile 660.0 to mile 663.0. This emergency safety zone is needed to
protect persons, property, and infrastructure from the potential safety
hazards associated with the diving and salvage effort of a sunken barge
at Mississippi River Mile Marker (MM) 661.0, in the vicinity of the
Helena Highway Bridge, Helena, Arkansas. 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 July 29, 2020
through August 30, 2020, or until all diving and salvage work is
complete, whichever occurs earlier. For the purposes of enforcement,
actual notice will be used from July 13, 2020 through July 29, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0408 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 [email protected].
[[Page 45520]]
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 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 a sunken barge
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 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 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 the
Helena Highway Bridge.
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 has determined that potential hazards associated with
the salvage of a sunken barge will be a safety concern for anyone
within a one-mile radius of the salvage operation. This rule is needed
to protect persons, property, and infrastructure from the potential
safety hazards associated with the diving and salvage effort of a
sunken barge at Mississippi River Mile Marker (MM) 661.0, in the
vicinity of the Helena Highway Bridge from July 13, 2020 through August
30, 2020, or until all diving and salvage work is complete, whichever
occurs earlier.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from July 13, 2020
through August 30, 2020, or until all diving and salvage work is
complete, whichever occurs earlier. The safety zone will cover all
navigable waters of the Mississippi River from MM 660.0 to MM 663.0,
extending the entire width of the river. The safety zone will only be
activated when salvage work precludes safe navigation of the
established channel. The duration of the zone is intended to protect
persons, property, and infrastructure in these navigable waters while
the salvage 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 on the Mississippi River from MM
660.0 through MM 663.0 in the vicinity of Helena, Arkansas, from July
13, 2020 through August 30, 2020, or until all diving and salvage 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 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 (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
[[Page 45521]]
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 an
emergency safety zone on the Mississippi River from MM 660.0 through MM
663.0, that will prohibit entry into this zone unless permission has
been granted by the COTP Lower Mississippi River or a designated
representative. The safety zone will only be enforced during short
durations while salvage 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.
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.T08-0408 to read as follows:
Sec. 165.T08-0408 Emergency Safety Zone; Lower Mississippi River,
Helena, AR.
(a) Location. The following area is a safety zone: All waters of
the Mississippi River from MM 660.0 through MM 663.0.
(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 periods. This section will be enforced as needed
from July 13, 2020 through August 30, 2020, or until all diving and
salvage work is complete, whichever occurs earlier. Periods of
activation will be promulgated by Broadcast Notice to Mariners.
Dated: July 13, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi River.
[FR Doc. 2020-15888 Filed 7-28-20; 8:45 am]
BILLING CODE 9110-04-P
