82_FR_25624 82 FR 25519 - Safety Zone; Lower Mississippi River, Vidalia, LA

82 FR 25519 - Safety Zone; Lower Mississippi River, Vidalia, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 105 (June 2, 2017)

Page Range25519-25521
FR Document2017-11462

The Coast Guard is extending an established safety zone for emergency purposes for all navigable waters of the Lower Mississippi River (LMR), extending the entire width from mile 311.0 to mile 317.0. This emergency safety zone is needed to protect persons, property, and flood control infrastructure from the potential safety hazards associated with vessels underway transiting this area with dangerously high water levels. Entry into the safety zone is prohibited unless specifically authorized by the Captain of the Port Lower Mississippi River or a designated representative.

Federal Register, Volume 82 Issue 105 (Friday, June 2, 2017)
[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Rules and Regulations]
[Pages 25519-25521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11462]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0451]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Vidalia, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is extending an established safety zone for 
emergency purposes for all navigable waters of the Lower Mississippi 
River (LMR), extending the entire width from mile 311.0 to mile 317.0. 
This emergency safety zone is needed to protect persons, property, and 
flood control infrastructure from the potential safety hazards 
associated with vessels underway transiting this area with dangerously 
high water levels. Entry into 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 from 5 p.m. on May 19, 2017 through 11:59 
p.m. on June 2, 2017, or until the water levels have lowered to a less 
dangerous level, whichever occurs earlier. For the purposes of 
enforcement, actual notice will be used from May 19, 2017 through June 
2, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0451 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 Ryan C. Thomas, U.S. Coast Guard; telephone 901-521-
4825, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Lower Mississippi River
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 the water levels have risen rapidly 
to dangerous levels and immediate action is needed to protect persons, 
and property during response efforts. Completing the full NPRM process 
is impracticable because we must establish this safety zone by May 19, 
2017 and lacks sufficient time to provide a reasonable comment period 
and then consider those comments before issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it 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 during the emergency 
operations in response to the higher than normal water levels on May 
19, 2017.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Coast Guard received notification from the US Army Corps of 
Engineers reporting high water levels are present in the vicinity of 
mile marker (MM) 315.0 on the Lower Mississippi River (LMR) near the 
Old River Control structures. As a result, danger of collision with the 
structures exists and is likely. The COTP Lower Mississippi River is 
establishing this safety zone effective from 5 p.m. May 19, 2017 to 
11:59 p.m. June 2, 2017 or until the water levels have lowered to a 
less dangerous level, whichever occurs earlier. This rule is needed to 
protect personnel, vessels, flood infrastructure, and the marine 
environment in the navigable waters within the safety zone while the 
high water levels are present.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the LMR 
from mile 311.0 to mile 317.0, extending the entire width of the river, 
from 5 p.m. May 19, 2017 through 11:59 p.m. on June 2, 2017 or until 
the water levels have lowered to a less dangerous level, whichever 
occurs earlier. Any vessel desiring to enter this safety zone must 
first obtain permission from the Captain of the Port Lower Mississippi 
River (COTP). The U.S. Army Corps of Engineers assist vessels present 
in the vicinity of the Old River Control Structure (WUG-424) have been 
delegated the authority to permit entry into this safety zone.
    Entry into this zone is prohibited unless permission has been 
granted by the COTP or a designated representative. Broadcast Notice to 
Mariners (BNM) will provide any changes in the schedule for this safety 
zone. Requests to enter the zone will be considered and reviewed on a 
case-by-case basis. The COTP may be contacted by telephone at 1-901-
521-4804 or can be reached by VHF-FM channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses

[[Page 25520]]

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. This emergency 
safety zone will restrict navigation on the Mississippi River from mile 
311.0 to 317.0 near Vidalia, Louisiana for 14 days. Vessels will be 
allowed to transit the zone with direction from the COTP or its 
designated representative. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone and the rule allows 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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 that will prohibit entry into 
the zone unless permission has been granted by the COTP or a designated 
representative on the Mississippi River mile 311.0 to mile 317.0. It is 
categorically excluded from further review under paragraph L60 of 
Appendix A of the Commandant Instruction. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Temporary Sec.  165.T08-0451 is added to read as follows:


Sec.  165.T08-0451  Safety Zone; Mississippi River, Vidalia, LA.

    (a) Location. The following area is an emergency safety zone: All 
navigable

[[Page 25521]]

waters of the Mississippi River between mile 311.0 and mile 317.0, 
extending the entire width of the river.
    (b) Enforcement date. This rule is effective from 5 p.m. on May 19, 
2017 through 11:59 p.m. on June 2, 2017, or until the water levels have 
lowered to a less dangerous level, whichever occurs earlier. For the 
purposes of enforcement, actual notice will be used from May 19, 2017 
through June 2, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Lower Mississippi 
River (COTP) or a designated representative.
    (2) The U.S. Army Corps of Engineers assist vessels present in the 
vicinity of the Old River Control Structures are designated 
representatives and may permit entry into this safety zone. They may be 
contacted on VHF-FM Channel 16 or Channel 13.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the emergency safety zone as 
well as any changes in the dates and times of enforcement.

    Dated: May 19, 2017.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2017-11462 Filed 6-1-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations                                         25519

                                             representative may be on an official                    dangerously high water levels. Entry                   that good cause exists for making it
                                             patrol vessel or may be on shore and                    into the safety zone is prohibited unless              effective less than 30 days after
                                             will communicate with vessels via                       specifically authorized by the Captain of              publication in the Federal Register.
                                             VHF–FM radio or loudhailer. In                          the Port Lower Mississippi River or a                  Delaying the effective date of this rule
                                             addition, members of the Coast Guard                    designated representative.                             would be impracticable and contrary to
                                             Auxiliary may be present to inform                      DATES: This rule is effective from 5 p.m.              the public interest because immediate
                                             vessel operators of this regulation.                    on May 19, 2017 through 11:59 p.m. on                  action is needed during the emergency
                                               (2) Official patrol vessels. Official                 June 2, 2017, or until the water levels                operations in response to the higher
                                             patrol vessels may consist of any Coast                 have lowered to a less dangerous level,                than normal water levels on May 19,
                                             Guard, Coast Guard Auxiliary, state, or                 whichever occurs earlier. For the                      2017.
                                             local law enforcement vessels assigned                  purposes of enforcement, actual notice                 III. Legal Authority and Need for Rule
                                             or approved by the COTP.                                will be used from May 19, 2017 through
                                                (c) Enforcement period. This safety                  June 2, 2017.                                             The Coast Guard is issuing this rule
                                             zone is effective and will be enforced                                                                         under authority in 33 U.S.C. 1231. The
                                                                                                     ADDRESSES: To view documents
                                             from 4 p.m. on May 8, 2017 through 5                                                                           Coast Guard received notification from
                                                                                                     mentioned in this preamble as being
                                             p.m. on July 14, 2017.                                                                                         the US Army Corps of Engineers
                                                                                                     available in the docket, go to http://
                                                (d) Regulations. (1) The general                                                                            reporting high water levels are present
                                                                                                     www.regulations.gov, type USCG–2017–
                                             regulations contained in 33 CFR 165.23,                                                                        in the vicinity of mile marker (MM)
                                                                                                     0451 in the ‘‘SEARCH’’ box and click
                                             as well as the following regulations,                                                                          315.0 on the Lower Mississippi River
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket
                                             apply.                                                                                                         (LMR) near the Old River Control
                                                                                                     Folder on the line associated with this
                                                (2) During periods of enforcement, no                                                                       structures. As a result, danger of
                                                                                                     rule.
                                             vessel shall enter the safety zone unless                                                                      collision with the structures exists and
                                                                                                     FOR FURTHER INFORMATION CONTACT: If                    is likely. The COTP Lower Mississippi
                                             permitted by the COTP or a designated
                                                                                                     you have questions on this rule, call or               River is establishing this safety zone
                                             representative. Any person or vessel
                                                                                                     email LT Ryan C. Thomas, U.S. Coast                    effective from 5 p.m. May 19, 2017 to
                                             allowed to enter the safety zone must
                                                                                                     Guard; telephone 901–521–4825, email                   11:59 p.m. June 2, 2017 or until the
                                             comply with all orders and directions
                                                                                                     Ryan.C.Thomas@uscg.mil.                                water levels have lowered to a less
                                             from the COTP or a COTP’s designated
                                                                                                     SUPPLEMENTARY INFORMATION:                             dangerous level, whichever occurs
                                             representative while said person or
                                             vessel is within the safety zone.                       I. Table of Abbreviations                              earlier. This rule is needed to protect
                                                (3) During periods of enforcement,                                                                          personnel, vessels, flood infrastructure,
                                                                                                     CFR Code of Federal Regulations                        and the marine environment in the
                                             upon being hailed by a U.S. Coast Guard                 COTP Captain of the Port Lower
                                             vessel by siren, radio, flashing light, or                Mississippi River
                                                                                                                                                            navigable waters within the safety zone
                                             other means, the operator of the vessel                 DHS Department of Homeland Security                    while the high water levels are present.
                                             must proceed as directed.                               FR Federal Register                                    IV. Discussion of the Rule
                                                                                                     NPRM Notice of proposed rulemaking
                                               Dated: May 8, 2017.                                                                                             The Coast Guard is establishing a
                                                                                                     § Section
                                             Michael H. Day,                                         U.S.C. United States Code                              temporary safety zone on the LMR from
                                             Captain, U.S. Coast Guard, Captain of the                                                                      mile 311.0 to mile 317.0, extending the
                                             Port New York.                                          II. Background Information and
                                                                                                                                                            entire width of the river, from 5 p.m.
                                                                                                     Regulatory History
                                             [FR Doc. 2017–11463 Filed 6–1–17; 8:45 am]                                                                     May 19, 2017 through 11:59 p.m. on
                                             BILLING CODE 9110–04–P                                     The Coast Guard is issuing this                     June 2, 2017 or until the water levels
                                                                                                     temporary rule without prior notice and                have lowered to a less dangerous level,
                                                                                                     opportunity to comment pursuant to                     whichever occurs earlier. Any vessel
                                             DEPARTMENT OF HOMELAND                                  authority under section 4(a) of the                    desiring to enter this safety zone must
                                             SECURITY                                                Administrative Procedure Act (APA) (5                  first obtain permission from the Captain
                                                                                                     U.S.C. 553(b)). This provision                         of the Port Lower Mississippi River
                                             Coast Guard                                             authorizes an agency to issue a rule                   (COTP). The U.S. Army Corps of
                                                                                                     without prior notice and opportunity to                Engineers assist vessels present in the
                                             33 CFR Part 165                                         comment when the agency for good                       vicinity of the Old River Control
                                             [Docket Number USCG–2017–0451]                          cause finds that those procedures are                  Structure (WUG–424) have been
                                                                                                     ‘‘impracticable, unnecessary, or contrary              delegated the authority to permit entry
                                             RIN 1625–AA00                                           to the public interest.’’ Under 5 U.S.C.               into this safety zone.
                                                                                                     553(b)(B), the Coast Guard finds that                     Entry into this zone is prohibited
                                             Safety Zone; Lower Mississippi River,
                                                                                                     good cause exists for not publishing a                 unless permission has been granted by
                                             Vidalia, LA
                                                                                                     notice of proposed rulemaking (NPRM)                   the COTP or a designated
                                             AGENCY:    Coast Guard, DHS.                            with respect to this rule because the                  representative. Broadcast Notice to
                                             ACTION:   Temporary final rule.                         water levels have risen rapidly to                     Mariners (BNM) will provide any
                                                                                                     dangerous levels and immediate action                  changes in the schedule for this safety
                                             SUMMARY:   The Coast Guard is extending                 is needed to protect persons, and                      zone. Requests to enter the zone will be
                                             an established safety zone for                          property during response efforts.                      considered and reviewed on a case-by-
                                             emergency purposes for all navigable                    Completing the full NPRM process is                    case basis. The COTP may be contacted
                                             waters of the Lower Mississippi River                   impracticable because we must establish                by telephone at 1–901–521–4804 or can
                                             (LMR), extending the entire width from
nlaroche on DSK30NT082PROD with RULES




                                                                                                     this safety zone by May 19, 2017 and                   be reached by VHF–FM channel 16.
                                             mile 311.0 to mile 317.0. This                          lacks sufficient time to provide a
                                             emergency safety zone is needed to                      reasonable comment period and then                     V. Regulatory Analyses
                                             protect persons, property, and flood                    consider those comments before issuing                   We developed this rule after
                                             control infrastructure from the potential               the rule.                                              considering numerous statutes and
                                             safety hazards associated with vessels                     We are issuing this rule, and under 5               Executive orders related to rulemaking.
                                             underway transiting this area with                      U.S.C. 553(d)(3), the Coast Guard finds                Below we summarize our analyses


                                        VerDate Sep<11>2014   13:07 Jun 01, 2017   Jkt 241001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\02JNR1.SGM   02JNR1


                                             25520                 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations

                                             based on a number of these statutes and                 compliance, please contact the person                  $100,000,000 (adjusted for inflation) or
                                             Executive orders, and we discuss First                  listed in the FOR FURTHER INFORMATION                  more in any one year. Though this rule
                                             Amendment rights of protestors.                         CONTACT section.                                       will not result in such expenditure, we
                                                                                                        Small businesses may send comments                  do discuss the effects of this rule
                                             A. Regulatory Planning and Review                       on the actions of Federal employees                    elsewhere in this preamble.
                                                Executive Orders 12866 and 13563                     who enforce, or otherwise determine
                                             direct agencies to assess the costs and                 compliance with, Federal regulations to                F. Environment
                                             benefits of available regulatory                        the Small Business and Agriculture                       We have analyzed this rule under
                                             alternatives and, if regulation is                      Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                             necessary, to select regulatory                         and the Regional Small Business                        Management Directive 023–01 and
                                             approaches that maximize net benefits.                  Regulatory Fairness Boards. The                        Commandant Instruction M16475.lD,
                                             Executive Order 13563 emphasizes the                    Ombudsman evaluates these actions                      which guide the Coast Guard in
                                             importance of quantifying both costs                    annually and rates each agency’s                       complying with the National
                                             and benefits, of reducing costs, of                     responsiveness to small business. If you               Environmental Policy Act of 1969 (42
                                             harmonizing rules, and of promoting                     wish to comment on actions by                          U.S.C. 4321–4370f), and have
                                             flexibility. This rule has not been                     employees of the Coast Guard, call 1–                  determined that this action is one of a
                                             designated a ‘‘significant regulatory                   888–REG–FAIR (1–888–734–3247). The                     category of actions that do not
                                             action,’’ under Executive Order 12866.                  Coast Guard will not retaliate against                 individually or cumulatively have a
                                             Accordingly, it has not been reviewed                   small entities that question or complain               significant effect on the human
                                             by the Office of Management and                         about this rule or any policy or action                environment. This rule involves an
                                             Budget.                                                 of the Coast Guard.                                    emergency safety zone that will prohibit
                                                This regulatory action determination                                                                        entry into the zone unless permission
                                             is based on the size, location, duration,               C. Collection of Information
                                                                                                                                                            has been granted by the COTP or a
                                             and time-of-year of the safety zone. This                 This rule will not call for a new                    designated representative on the
                                             emergency safety zone will restrict                     collection of information under the                    Mississippi River mile 311.0 to mile
                                             navigation on the Mississippi River                     Paperwork Reduction Act of 1995 (44                    317.0. It is categorically excluded from
                                             from mile 311.0 to 317.0 near Vidalia,                  U.S.C. 3501–3520).                                     further review under paragraph L60 of
                                             Louisiana for 14 days. Vessels will be                                                                         Appendix A of the Commandant
                                             allowed to transit the zone with                        D. Federalism and Indian Tribal
                                                                                                     Governments                                            Instruction. A Record of Environmental
                                             direction from the COTP or its                                                                                 Consideration (REC) supporting this
                                             designated representative. Moreover, the                   A rule has implications for federalism              determination is available in the docket
                                             Coast Guard will issue Broadcast Notice                 under Executive Order 13132,                           where indicated under ADDRESSES.
                                             to Mariners via VHF–FM marine                           Federalism, if it has a substantial direct
                                             channel 16 about the zone and the rule                  effect on the States, on the relationship              G. Protest Activities
                                             allows vessels to seek permission to                    between the national government and                      The Coast Guard respects the First
                                             enter the zone.                                         the States, or on the distribution of                  Amendment rights of protesters.
                                                                                                     power and responsibilities among the                   Protesters are asked to contact the
                                             B. Impact on Small Entities                             various levels of government. We have                  person listed in the FOR FURTHER
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and                INFORMATION CONTACT section to
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                  coordinate protest activities so that your
                                             requires Federal agencies to consider                   with the fundamental federalism                        message can be received without
                                             the potential impact of regulations on                  principles and preemption requirements                 jeopardizing the safety or security of
                                             small entities during rulemaking. The                   described in Executive Order 13132.                    people, places or vessels.
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal
                                             businesses, not-for-profit organizations                implications under Executive Order                     List of Subjects in 33 CFR Part 165
                                             that are independently owned and                        13175, Consultation and Coordination                     Harbors, Marine safety, Navigation
                                             operated and are not dominant in their                  with Indian Tribal Governments,                        (water), Reporting and recordkeeping
                                             fields, and governmental jurisdictions                  because it does not have a substantial                 requirements, Security measures,
                                             with populations of less than 50,000.                   direct effect on one or more Indian                    Waterways.
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the                  For the reasons discussed in the
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,                  preamble, the Coast Guard amends 33
                                             significant economic impact on a                        or on the distribution of power and                    CFR part 165 as follows:
                                             substantial number of small entities.                   responsibilities between the Federal
                                                While some owners or operators of                    Government and Indian tribes. If you                   PART 165—REGULATED NAVIGATION
                                             vessels intending to transit the safety                 believe this rule has implications for                 AREAS AND LIMITED ACCESS AREAS
                                             zone may be small entities, for the                     federalism or Indian tribes, please
                                             reasons stated in section V.A above, this               contact the person listed in the FOR                   ■ 1. The authority citation for part 165
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section                    continues to read as follows:
                                             economic impact on any vessel owner                     above.                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             or operator.                                                                                                   33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                        Department of Homeland Security Delegation
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                     No. 0170.1.
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires
nlaroche on DSK30NT082PROD with RULES




                                                                                                                                                            ■ 2. Temporary § 165.T08–0451 is
                                             we want to assist small entities in                     Federal agencies to assess the effects of              added to read as follows:
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In
                                             would affect your small business,                       particular, the Act addresses actions                  § 165.T08–0451 Safety Zone; Mississippi
                                             organization, or governmental                           that may result in the expenditure by a                River, Vidalia, LA.
                                             jurisdiction and you have questions                     State, local, or tribal government, in the               (a) Location. The following area is an
                                             concerning its provisions or options for                aggregate, or by the private sector of                 emergency safety zone: All navigable


                                        VerDate Sep<11>2014   13:07 Jun 01, 2017   Jkt 241001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\02JNR1.SGM   02JNR1


                                                                   Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations                                         25521

                                             waters of the Mississippi River between                 DATES:  This temporary final rule is                   combination of recreation vessels,
                                             mile 311.0 and mile 317.0, extending                    effective from 7 a.m. until 12 p.m. on                 commercial vessels, and an unknown
                                             the entire width of the river.                          July 6, 2017.                                          number of spectators in close proximity
                                                (b) Enforcement date. This rule is                   ADDRESSES: To view documents                           to a youth swimming event along the
                                             effective from 5 p.m. on May 19, 2017                   mentioned in this preamble as being                    water pose extra and unusual hazards to
                                             through 11:59 p.m. on June 2, 2017, or                  available in the docket, go to http://                 public safety and property. Therefore,
                                             until the water levels have lowered to a                www.regulations.gov, type USCG–2017–                   the COTP is establishing a Special Local
                                             less dangerous level, whichever occurs                  0372 in the ‘‘SEARCH’’ box and click                   Regulation around the event location to
                                             earlier. For the purposes of enforcement,               ‘‘SEARCH.’’ Click on Open Docket                       help minimize risks to safety of life and
                                             actual notice will be used from May 19,                 Folder on the line associated with this                property during this event.
                                             2017 through June 2, 2017.                              rule.                                                  IV. Discussion of the Rule
                                                (c) Regulations. (1) In accordance with              FOR FURTHER INFORMATION CONTACT: If
                                             the general regulations in § 165.23 of                                                                            This rule establishes a temporary
                                                                                                     you have questions on this temporary
                                             this part, entry into this zone is                                                                             special local regulation from 7 a.m. until
                                                                                                     rule, call or email Tracy Girard,
                                             prohibited unless specifically                                                                                 12 p.m. on July 6, 2017. In light of the
                                                                                                     Prevention Department, Sector Detroit,
                                             authorized by the Captain of the Port                                                                          aforementioned hazards, the COTP has
                                                                                                     Coast Guard; telephone 313–568–9564,
                                             Lower Mississippi River (COTP) or a                                                                            determined that a special local
                                                                                                     or email Tracy.M.Girard@uscg.mil.
                                             designated representative.                                                                                     regulation is necessary to protect
                                                                                                     SUPPLEMENTARY INFORMATION:
                                                (2) The U.S. Army Corps of Engineers                                                                        spectators, vessels, and participants.
                                             assist vessels present in the vicinity of               I. Table of Abbreviations                              The special local regulation will
                                             the Old River Control Structures are                                                                           encompass the following waterway: All
                                                                                                     CFR Code of Federal Regulations
                                             designated representatives and may                      DHS Department of Homeland Security                    waters of the Detroit River, Belle Isle
                                             permit entry into this safety zone. They                FR Federal Register                                    Beach between the following two lines:
                                             may be contacted on VHF–FM Channel                      NPRM Notice of proposed rulemaking                     The first line is drawn directly across
                                             16 or Channel 13.                                       § Section                                              the channel from position 42°20.517′ N.,
                                                (d) Informational broadcasts. The                    COTP Captain of the Port                               082°59.159′ W. to 42°20.705′ N.,
                                                                                                     U.S.C. United States Code                              082°59.233′ W. (NAD 83); the second
                                             COTP or a designated representative
                                             will inform the public through                          II. Background Information and                         line, to the north, is drawn directly
                                             broadcast notices to mariners of the                    Regulatory History                                     across the channel from position
                                             enforcement period for the emergency                                                                           42°20.754′ N., 082°58.681′ W. to 42°
                                                                                                        The Coast Guard is issuing this                     20.997′ N., 082°58.846″ W. (NAD 83).
                                             safety zone as well as any changes in the               temporary rule without prior notice and
                                             dates and times of enforcement.                                                                                   An on-scene representative of the
                                                                                                     opportunity to comment pursuant to                     COTP or event sponsor representatives
                                               Dated: May 19, 2017.                                  authority under section 4(a) of the                    may permit vessels to transit the area
                                             T.J. Wendt,                                             Administrative Procedure Act (APA) (5                  when no race activity is occurring. The
                                             Captain, U.S. Coast Guard, Captain of the               U.S.C. 553(b)). This provision                         on-scene representative may be present
                                             Port, Lower Mississippi River.                          authorizes an agency to issue a rule                   on any Coast Guard, state, or local law
                                             [FR Doc. 2017–11462 Filed 6–1–17; 8:45 am]              without prior notice and opportunity to                enforcement vessel assigned to patrol
                                             BILLING CODE 9110–04–P                                  comment when the agency for good                       the event. Vessel operators desiring to
                                                                                                     cause finds that those procedures are                  transit through the regulated area must
                                                                                                     ‘‘impracticable, unnecessary, or contrary              contact the Coast Guard Patrol
                                             DEPARTMENT OF HOMELAND                                  to the public interest.’’ Under 5 U.S.C.               Commander to obtain permission to do
                                             SECURITY                                                553(b)(B), the Coast Guard finds that                  so. The COTP or his designated on-
                                                                                                     good cause exists for not publishing a                 scene representative may be contacted
                                             Coast Guard                                             notice of proposed rulemaking (NPRM)                   via VHF Channel 16 or at 313–568–
                                                                                                     with respect to this rule because doing                9560.
                                             33 CFR Part 165                                         so would be impracticable. The Coast                      The COTP or his designated on-scene
                                                                                                     Guard did not receive the final details                representative will notify the public of
                                             [Docket No. USCG–2017–0372]                             of this swimming event until there was                 the enforcement of this rule by all
                                                                                                     insufficient time remaining before the                 appropriate means, including a
                                             RIN 1625–AA08                                           event to publish an NPRM. Thus,                        Broadcast Notice to Mariners and Local
                                                                                                     delaying the effective date of this rule to            Notice to Mariners.
                                             Special Local Regulation; Motor City                    wait for a comment period to run would
                                                                                                     be impracticable because it would                      V. Regulatory Analyses
                                             Mile; Detroit River; Detroit, MI
                                                                                                     inhibit the Coast Guard’s ability to                     We developed this rule after
                                             AGENCY:    Coast Guard, DHS.                            protect participants, mariners and                     considering numerous statutes and
                                             ACTION:   Temporary final rule.                         vessels from the hazards associated with               executive orders related to rulemaking.
                                                                                                     this event.                                            Below we summarize our analyses
                                             SUMMARY:   The Coast Guard is                              We are issuing this rule under 5                    based on these statutes and executive
                                             establishing a special local regulation                 U.S.C. 553(d)(3), as the Coast Guard                   orders.
                                             for certain waters of the Detroit River,                finds that good cause exists for making
                                             Detroit, MI. This action is necessary and                                                                      A. Regulatory Planning and Review
                                                                                                     it effective less than 30 days after
                                             is intended to ensure safety of life on                                                                           Executive Orders 12866 (‘‘Regulatory
nlaroche on DSK30NT082PROD with RULES




                                                                                                     publication in the Federal Register for
                                             navigable waters to be used for a                       the same reason noted above.                           Planning and Review’’) and 13563
                                             swimming event immediately prior to,                                                                           (‘‘Improving Regulation and Regulatory
                                             during, and immediately after this                      III. Legal Authority and Need for Rule                 Review’’) direct agencies to assess the
                                             event. This regulation requires vessels                    The Coast Guard is issuing this rule                costs and benefits of available regulatory
                                             to maintain a minimum speed for safe                    under authority in 33 U.S.C. 1233. The                 alternatives and, if regulation is
                                             navigation and maneuvering.                             COTP has determined that the likely                    necessary, to select regulatory


                                        VerDate Sep<11>2014   13:07 Jun 01, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\02JNR1.SGM   02JNR1



Document Created: 2017-06-02 00:38:05
Document Modified: 2017-06-02 00:38:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 5 p.m. on May 19, 2017 through 11:59 p.m. on June 2, 2017, or until the water levels have lowered to a less dangerous level, whichever occurs earlier. For the purposes of enforcement, actual notice will be used from May 19, 2017 through June 2, 2017.
ContactIf you have questions on this rule, call or email LT Ryan C. Thomas, U.S. Coast Guard; telephone 901-521- 4825, email [email protected]
FR Citation82 FR 25519 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR