Safety Zone; Bay St. Louis, MS
| Citation | 88 FR 63525 |
| Published date | 15 September 2023 |
| Record Number | 2023-20099 |
| Court | Coast Guard,Homeland Security Department |
| Section | Rules and Regulations |
Federal Register, Volume 88 Issue 178 (Friday, September 15, 2023)
[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Pages 63525-63527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20099]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0632]
RIN 1625-AA00
Safety Zone; Bay St. Louis, 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 at the opening of Bay St. Louis, extending the entire
width of the channel, approximately \1/2\ mile south of the Hwy 90
Bridge. This safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by the 2023 Swim
Across the Bay. Entry of vessels or persons into this zone is
prohibited unless specifically authorized the Captain of the Port
Sector Mobile (COTP) or a designated representative.
DATES: This rule is effective from 7 a.m. through 10 a.m. on September
17, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0632 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 Lawrence J. Schad, Sector Mobile, Waterways
Management Division, U.S. Coast Guard; telephone 251-441-5678, email
[email protected].
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 final 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable and
contrary to the public interest. It is impracticable to publish an NPRM
because we must establish this safety zone by September 17th, 2023, and
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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 is contrary to public interest because it would delay the
safety measures necessary to respond to potential safety hazards
associated with the 2023 Swim Across the Bay. Immediate action is
needed to protect vessels and mariners from the safety hazards
associated with 2023 Swim Across the Bay.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Mobile (COTP) has determined that
potential
[[Page 63526]]
hazards associated with the 2023 Swim Across the Bay on September 17th,
2023, will be a safety concern for any vessels or persons at the
opening of Bay St. Louis, approximately \1/2\ mile south of the Hwy 90
Bridge in Bay St. Louis, MS. This rule is needed to protect the public,
mariners, and vessels from the potential hazards associated with the
2023 Swim Across the Bay.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone, effective
from 7 a.m. to 10 a.m. on September 17, 2023. The safety zone
encompasses the opening of Bay St. Louis, extending the entire width of
the channel, approximately \1/2\ mile south of the Hwy 90 Bridge in Bay
St. Louis, MS. The location and duration of this safety zone is
intended to protect persons and vessels during the 2023 Swim Across the
Bay that will take place on this navigable waterway. No person or
vessel will be permitted to enter or transit within the safety zone,
unless specifically authorized by the COTP or a designated
representative. Public notifications will be made to the local maritime
community through Broadcast Notice to Mariners (BNM). To enter the
zone, mariners and other members of the public must also contact the
COTP or designated representative to ask permission to enter the safety
zone on VHF-FM channels 15 and 16 or by telephone at 251-382-8653. If
permission is granted, all persons and vessels must comply with the
instructions of the COTP or 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 safety zone. This temporary safety zone
will only restrict navigation for 3 hours near the opening of Bay St.
Louis, approximately \1/2\ mile south of the Hwy. 90 Bridge in Bay St.
Louis, MS, extending the entire width of the channel. Moreover, the
Coast Guard will issue a Local Notice to Mariners (LNM) about the zone,
and the rule would allow 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
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 a
safety zone that will prohibit mariners and the public near the opening
of Bay St. Louis, extending the entire width of the channel
approximately \1/2\ mile south of the Hwy 90 Bridge in Bay St. Louis,
MS. 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
[[Page 63527]]
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under 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, 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. AddSec. 165.T08-0632 to read as follows:
Sec. 165.T08-0632 Safety Zone; Bay St. Louis, MS.
(a) Location. The following area is a safety zone: the opening of
Bay St. Louis, extending the entire width of the channel, approximately
\1/2\ mile south of the Hwy 90 Bridge in Bay St. Louis, MS.
(b) Enforcement period. This section will be enforced on September
17, 2023 from 7 a.m. through 10 a.m.
(c) Regulations. (1) The general regulations contained in Sec.
165.23 as well as the regulations in this section apply to the
regulated area.
(2) Entry into the zone described in paragraph (a) of this section
is prohibited unless authorized by the Captain of the Port Sector
Mobile (COTP) or a designated representative.
(3) Persons or vessels seeking to enter into or transit through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM channels 15 and 16 or
by telephone at 251-441-5678.
(4) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone.
Dated: September 11, 2023.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2023-20099 Filed 9-14-23; 8:45 am]
BILLING CODE 9110-04-P
