Safety Zone; Bay St. Louis, MS

Published date15 September 2023
Record Number2023-20099
Citation88 FR 63525
CourtCoast Guard,Homeland Security Department
SectionRules 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
                

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