83_FR_13245 83 FR 13185 - Safety Zone; Lower Mississippi River, Port Gibson, MS

83 FR 13185 - Safety Zone; Lower Mississippi River, Port Gibson, MS

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range13185-13187
FR Document2018-06213

The Coast Guard is establishing an emergency temporary safety zone for all navigable waters of the Lower Mississippi River, extending the entire width of the river, from mile marker (MM) 405 to MM 408. This emergency safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with vessels transiting this area during high water. This rule prohibits persons and vessels from entering the safety zone area unless specifically authorized by the Captain of the Port Sector Lower Mississippi River (COTP) or a designated representative.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13185-13187]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06213]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0229]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Port Gibson, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing an emergency temporary safety 
zone for all navigable waters of the Lower Mississippi River, extending 
the entire width of the river, from mile marker (MM) 405 to MM 408. 
This emergency safety zone is necessary to protect persons, property, 
and infrastructure from potential damage and safety hazards associated 
with vessels transiting this area during high water. This rule 
prohibits persons and vessels from entering the safety zone area unless 
specifically authorized by the Captain of the Port Sector Lower 
Mississippi River (COTP) or a designated representative.

DATES: This rule is effective without actual notice from March 28, 2018 
through 7 p.m. on March 31, 2018. For the purposes of enforcement, 
actual notice will be used from 10 a.m. on March 13, 2018 through March 
28, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0229 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 Petty Officer Todd Manow, Sector Lower Mississippi River 
Prevention Department, U.S. Coast Guard; telephone 901-521-4813, email 
Todd.M.Manow@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector 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 it is impracticable and contrary to 
the public interest. Increasing high water in this area requires 
immediate action to

[[Page 13186]]

protect persons, property and power plant infrastructure from the 
potential safety hazards associated with vessels transiting this area 
during high water. This safety zone must be established immediately to 
protect people and vessels associated with and resulting from the high 
water and we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule. This 
safety zone may include closures and/or navigation restrictions and 
requirements that are vital to maintaining safe navigation on the Lower 
Mississippi River during the high water. Therefore, delaying the 
effective date for this emergency safety zone to complete the NPRM 
process would also be contrary to the public interest as it would delay 
the safety measures vital to safe navigation.
    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 
contrary to public interest because immediate action is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards created by the increasing high water.

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 Lower Mississippi River (COTP) has 
determined that there are potential hazards associated with increasing 
high water, including possible emergency operations to repair damage to 
power distribution infrastructure taking place on the left descending 
bank of the Lower Mississippi River between MM 405 and 408 in the 
vicinity of the Entergy Grand Gulf Nuclear Power Facility, in Port 
Gibson, MS. Loss of the power distribution lines system would be 
catastrophic to large areas of Louisiana and Mississippi. This rule is 
needed to protect persons, property, and infrastructure from potential 
damage and safety hazards associated with vessels transiting this 
safety zone during high water.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone for all 
navigable waters of the Lower Mississippi River, extending the entire 
width of the river, from mile marker (MM) 405 to MM 408. Transit into 
and through this area is prohibited for all traffic beginning at 10 
a.m. on March 13, 2018 and will continue through 7 p.m. on March 31, 
2018. The COTP will terminate the enforcement of this safety zone 
before March 31, 2018 if the high water event ceases. Entry into this 
safety zone is prohibited unless specifically authorized by the COTP or 
a designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Lower 
Mississippi River.
    Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 1-866-777-2784 or 
can be reached by VHF-FM channel 16. Persons and vessels permitted to 
transit this safety zone shall not meet, pass, or overtake any vessel 
currently transiting, shall maintain slowest speed for safe navigation, 
and shall comply with all lawful directions issued by the COTP or the 
designated representative.
    This safety zone may include closures and/or navigation 
restrictions and requirements that are vital to maintaining safe 
navigation on the Lower Mississippi River during the high water. The 
COTP or a designated representative will inform the public through 
broadcast notices to mariners of any changes in the restrictions or the 
enforcement period for the safety zone.

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 restrict vessel traffic from entering or transiting through a 
three-mile section of the navigable waterways of the Lower Mississippi 
River from mile marker (MM) 405 to MM 408, in the vicinity of Port 
Gibson, MS, from 10 a.m. on March 13, 2018 through 7 p.m. on March 31, 
2018. 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).

[[Page 13187]]

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 lasting approximately nineteen 
days that will prohibit entry into a three-mile stretch of the Lower 
Mississippi River during a hazardous high-water event. 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. 01. A 
Record of Environmental Consideration (REC) supporting this 
determination will be made 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. Add Sec.  [thinsp]165.T08-0229 to read as follows:


Sec.  [thinsp]165.T08-0229   Safety Zone; Lower Mississippi River; Port 
Gibson, MS.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River, extending the entire width of 
the river, from mile marker (MM) 405 to MM 408, in the vicinity of Port 
Gibson, MS.
    (b) Period of enforcement. This section will be enforced from 10 
a.m. on March 13, 2018 and will continue through 7 p.m. on March 31, 
2018, or until the high-water event ceases, whichever occurs first.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  [thinsp]165.23, entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Lower Mississippi River (COTP) or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector Lower Mississippi River.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. To seek entry 
into the safety zone, contact the COTP or the COTP's representative by 
telephone at 1-866-777-2784 or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter this safety zone shall 
not meet, pass, or overtake any vessel currently transiting, shall 
maintain slowest speed for safe navigation, and shall comply with all 
lawful directions issued by the COTP or the designated representative.
    (d) Informational Broadcasts. This safety zone may include closures 
and/or navigation restrictions and requirements that are vital to 
maintaining safe navigation on this section of the Lower Mississippi 
River during the high water. The COTP or a designated representative 
will inform the public through broadcast notices to mariners of any 
changes in the enforcement period for the safety zone.

    Dated: March 12, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi 
River.
[FR Doc. 2018-06213 Filed 3-27-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations                                        13185

                                               (5) Taxable years beginning before                     controlled group of corporations (within the          safety zone for all navigable waters of
                                             January 1, 2012. See § 1.41–6 as                         meaning of section 41(f)(5)). A, B, and C each        the Lower Mississippi River, extending
                                             contained in 26 CFR part 1, revised                      attach a statement to the 2012 Form 6765,             the entire width of the river, from mile
                                             April 1, 2014.                                           ‘‘Credit for Increasing Research Activities,’’        marker (MM) 405 to MM 408. This
                                                                                                      showing A and C were the only members of
                                                                                                      the controlled group to have qualified
                                                                                                                                                            emergency safety zone is necessary to
                                             § 1.41–6T     [Removed]                                                                                        protect persons, property, and
                                                                                                      research expenses when calculating the
                                             ■ Par. 3. Section 1.41–6T is removed.                    group credit. A and C report their allocated          infrastructure from potential damage
                                             ■ Par. 4. Section 1.45G–1 is amended by                  portions of the group credit on the 2012 Form         and safety hazards associated with
                                             revising paragraphs (f)(4) and (5) and                   6765 and B reports no research credit on              vessels transiting this area during high
                                             (g)(4) and (5) to read as follows:                       Form 6765. Pursuant to paragraph (a) of this          water. This rule prohibits persons and
                                                                                                      section, A and B, but not C, each make an             vessels from entering the safety zone
                                             § 1.45G–1     Railroad track maintenance                 election for the reduced credit under section         area unless specifically authorized by
                                             credit.                                                  280C(c)(3)(B) on the 2012 Form 6765. In               the Captain of the Port Sector Lower
                                             *       *    *     *     *                               December 2013, B determines it had qualified          Mississippi River (COTP) or a
                                                (f) * * *                                             research expenses in 2012 resulting in an
                                                                                                      increased group credit. On an amended 2012
                                                                                                                                                            designated representative.
                                                (4) Allocation of the group credit. The                                                                     DATES: This rule is effective without
                                                                                                      Form 6765, A, B, and C each report their
                                             group credit is allocated to each member                                                                       actual notice from March 28, 2018
                                                                                                      allocated portions of the group credit. B
                                             of the controlled group on a                             reports its credit as a regular credit under          through 7 p.m. on March 31, 2018. For
                                             proportionate basis to its share of the                  section 41(a) and reduces the credit under            the purposes of enforcement, actual
                                             aggregate of the QRTMEs taken into                       section 280C(c)(3)(B). C may not reduce its           notice will be used from 10 a.m. on
                                             account for the taxable year by such                     credit under section 280C(c)(3)(B) because C          March 13, 2018 through March 28, 2018.
                                             controlled group for purposes of the                     did not make an election for the reduced
                                                                                                      credit with its original return.                      ADDRESSES: To view documents
                                             credit.
                                                (5) Special rules for consolidated                                                                          mentioned in this preamble as being
                                                                                                        (c) * * *                                           available in the docket, go to http://
                                             groups—(i) In general. For purposes of                     (2) Taxable years beginning after
                                             applying paragraph (f)(4) of this section,                                                                     www.regulations.gov, type USCG–2018–
                                                                                                      December 31, 2011. Paragraphs (b)(2)                  0229 in the ‘‘SEARCH’’ box and click
                                             members of a consolidated group who                      and (c)(2) and (3) of this section apply
                                             are members of a controlled group are                                                                          ‘‘SEARCH.’’ Click on ‘‘Open Docket
                                                                                                      to taxable years beginning on or after                Folder’’ on the line associated with this
                                             treated as a single member of the                        April 2, 2018. For taxable years ending
                                             controlled group.                                                                                              rule.
                                                                                                      before April 2, 2018, see § 1.280C–4T as              FOR FURTHER INFORMATION CONTACT: If
                                                (ii) Special rule for allocation of group             contained in 26 CFR part 1, as revised
                                             credit among consolidated group                                                                                you have questions on this rule, call or
                                                                                                      April 1, 2017.                                        email Petty Officer Todd Manow, Sector
                                             members. The portion of the group                          (3) For taxable years ending before
                                             credit that is allocated to a consolidated                                                                     Lower Mississippi River Prevention
                                                                                                      January 1, 2012. See § 1.280C–4 as                    Department, U.S. Coast Guard;
                                             group is allocated to each member of the                 contained in 26 CFR part 1, revised
                                             consolidated group on a proportionate                                                                          telephone 901–521–4813, email
                                                                                                      April 1, 2014.                                        Todd.M.Manow@uscg.mil.
                                             basis to its share of the aggregate of the
                                             QRTMEs taken into account for the                        § 1.280C–4T       [Removed]                           SUPPLEMENTARY INFORMATION:
                                             taxable year by such consolidated group                  ■   Par. 7. Section 1.280C–4T is removed.             I. Table of Abbreviations
                                             for purposes of the credit.
                                                                                                      Kirsten Wielobob,                                     CFR Code of Federal Regulations
                                             *       *    *     *     *                                                                                     COTP Captain of the Port Sector Lower
                                                (g) * * *                                             Deputy Commissioner for Services and
                                                                                                      Enforcement.                                            Mississippi River
                                                (4) Taxable years beginning after                                                                           DHS Department of Homeland Security
                                             December 31, 2011. Paragraphs (f)(4)                       Approved: March 7, 2018.                            FR Federal Register
                                             and (5) and (g)(4) and (5) of this section               David J. Kautter,                                     NPRM Notice of proposed rulemaking
                                             apply to taxable years beginning on or                   Assistant Secretary of the Treasury (Tax              § Section
                                             after April 2, 2018. For taxable years                   Policy).                                              U.S.C. United States Code
                                             ending before April 2, 2018, see                         [FR Doc. 2018–06241 Filed 3–27–18; 8:45 am]           II. Background Information and
                                             § 1.45G–1T as contained in 26 CFR part                   BILLING CODE 4830–01–P                                Regulatory History
                                             1, as revised April 1, 2017.
                                                (5) Taxable years beginning before                                                                             The Coast Guard is issuing this
                                             January 1, 2012. See § 1.45–1 as                                                                               temporary rule without prior notice and
                                                                                                      DEPARTMENT OF HOMELAND                                opportunity to comment pursuant to
                                             contained in 26 CFR part 1, revised
                                                                                                      SECURITY                                              authority under section 4(a) of the
                                             April 1, 2014.
                                                                                                                                                            Administrative Procedure Act (APA) (5
                                             § 1.45G–1T       [Removed]                               Coast Guard                                           U.S.C. 553(b)). This provision
                                             ■ Par. 5. Section 1.45G–1T is removed.                                                                         authorizes an agency to issue a rule
                                                                                                      33 CFR Part 165                                       without prior notice and opportunity to
                                             ■ Par. 6. Section 1.280C–4 is amended
                                             by revising paragraphs (b)(2) and (c)(2)                 [Docket Number USCG–2018–0229]                        comment when the agency for good
                                             and (3) to read as follows:                                                                                    cause finds that those procedures are
                                                                                                      RIN 1625–AA00                                         ‘‘impracticable, unnecessary, or contrary
                                             § 1.280C–4       Credit for increasing research                                                                to the public interest.’’ Under 5 U.S.C.
                                             activities.                                              Safety Zone; Lower Mississippi River,
                                                                                                                                                            553(b)(B), the Coast Guard finds that
daltland on DSKBBV9HB2PROD with RULES




                                                                                                      Port Gibson, MS
                                             *       *    *        *      *                                                                                 good cause exists for not publishing a
                                                 (b) * * *                                            AGENCY:    Coast Guard, DHS.                          notice of proposed rulemaking (NPRM)
                                                (2) Example. The following example                    ACTION:   Temporary final rule.                       with respect to this rule because it is
                                             illustrates an application of paragraph (b) of                                                                 impracticable and contrary to the public
                                             this section: A, B, and C, all of which are              SUMMARY:   The Coast Guard is                         interest. Increasing high water in this
                                             calendar year taxpayers, are members of a                establishing an emergency temporary                   area requires immediate action to


                                        VerDate Sep<11>2014    16:22 Mar 27, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\28MRR1.SGM   28MRR1


                                             13186            Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations

                                             protect persons, property and power                     enforcement of this safety zone before                (MM) 405 to MM 408, in the vicinity of
                                             plant infrastructure from the potential                 March 31, 2018 if the high water event                Port Gibson, MS, from 10 a.m. on March
                                             safety hazards associated with vessels                  ceases. Entry into this safety zone is                13, 2018 through 7 p.m. on March 31,
                                             transiting this area during high water.                 prohibited unless specifically                        2018. Moreover, the Coast Guard will
                                             This safety zone must be established                    authorized by the COTP or a designated                issue Broadcast Notice to Mariners via
                                             immediately to protect people and                       representative. A designated                          VHF–FM marine channel 16 about the
                                             vessels associated with and resulting                   representative is a commissioned,                     zone, and the rule allows vessels to seek
                                             from the high water and we lack                         warrant, or petty officer of the U.S.                 permission to enter the zone.
                                             sufficient time to provide a reasonable                 Coast Guard assigned to units under the
                                             comment period and then consider                        operational control of USCG Sector                    B. Impact on Small Entities
                                             those comments before issuing the rule.                 Lower Mississippi River.                                 The Regulatory Flexibility Act of
                                             This safety zone may include closures                      Requests for entry will be considered              1980, 5 U.S.C. 601–612, as amended,
                                             and/or navigation restrictions and                      and reviewed on a case-by-case basis.                 requires Federal agencies to consider
                                             requirements that are vital to                          The COTP may be contacted by                          the potential impact of regulations on
                                             maintaining safe navigation on the                      telephone at 1–866–777–2784 or can be                 small entities during rulemaking. The
                                             Lower Mississippi River during the high                 reached by VHF–FM channel 16.                         term ‘‘small entities’’ comprises small
                                             water. Therefore, delaying the effective                Persons and vessels permitted to transit              businesses, not-for-profit organizations
                                             date for this emergency safety zone to                  this safety zone shall not meet, pass, or             that are independently owned and
                                             complete the NPRM process would also                    overtake any vessel currently transiting,             operated and are not dominant in their
                                             be contrary to the public interest as it                shall maintain slowest speed for safe                 fields, and governmental jurisdictions
                                             would delay the safety measures vital to                navigation, and shall comply with all                 with populations of less than 50,000.
                                             safe navigation.                                        lawful directions issued by the COTP or               The Coast Guard certifies under 5 U.S.C.
                                                Under 5 U.S.C. 553(d)(3), the Coast                  the designated representative.                        605(b) that this rule will not have a
                                             Guard finds that good cause exists for                     This safety zone may include closures              significant economic impact on a
                                             making it effective less than 30 days                   and/or navigation restrictions and                    substantial number of small entities.
                                             after publication in the Federal                        requirements that are vital to                           While some owners or operators of
                                             Register. Delaying the effective date of                maintaining safe navigation on the                    vessels intending to transit the safety
                                             this rule would be contrary to public                   Lower Mississippi River during the high               zone may be small entities, for the
                                             interest because immediate action is                    water. The COTP or a designated                       reasons stated in section V.A above, this
                                             needed to protect personnel, vessels,                   representative will inform the public                 rule will not have a significant
                                             and the marine environment from                         through broadcast notices to mariners of              economic impact on any vessel owner
                                             potential hazards created by the                        any changes in the restrictions or the                or operator.
                                             increasing high water.                                  enforcement period for the safety zone.
                                                                                                                                                              Under section 213(a) of the Small
                                             III. Legal Authority and Need for Rule                  V. Regulatory Analyses                                Business Regulatory Enforcement
                                                The Coast Guard is issuing this rule                   We developed this rule after                        Fairness Act of 1996 (Pub. L. 104–121),
                                             under authority in 33 U.S.C. 1231. The                  considering numerous statutes and                     we want to assist small entities in
                                             Captain of the Port Sector Lower                        Executive orders related to rulemaking.               understanding this rule. If the rule
                                             Mississippi River (COTP) has                            Below we summarize our analyses                       would affect your small business,
                                             determined that there are potential                     based on a number of these statutes and               organization, or governmental
                                             hazards associated with increasing high                 Executive orders, and we discuss First                jurisdiction and you have questions
                                             water, including possible emergency                     Amendment rights of protestors.                       concerning its provisions or options for
                                             operations to repair damage to power                                                                          compliance, please contact the person
                                             distribution infrastructure taking place                A. Regulatory Planning and Review                     listed in the FOR FURTHER INFORMATION
                                             on the left descending bank of the                         Executive Orders 12866 and 13563                   CONTACT section.
                                             Lower Mississippi River between MM                      direct agencies to assess the costs and                  Small businesses may send comments
                                             405 and 408 in the vicinity of the                      benefits of available regulatory                      on the actions of Federal employees
                                             Entergy Grand Gulf Nuclear Power                        alternatives and, if regulation is                    who enforce, or otherwise determine
                                             Facility, in Port Gibson, MS. Loss of the               necessary, to select regulatory                       compliance with, Federal regulations to
                                             power distribution lines system would                   approaches that maximize net benefits.                the Small Business and Agriculture
                                             be catastrophic to large areas of                       Executive Order 13771 directs agencies                Regulatory Enforcement Ombudsman
                                             Louisiana and Mississippi. This rule is                 to control regulatory costs through a                 and the Regional Small Business
                                             needed to protect persons, property, and                budgeting process. This rule has not                  Regulatory Fairness Boards. The
                                             infrastructure from potential damage                    been designated a ‘‘significant                       Ombudsman evaluates these actions
                                             and safety hazards associated with                      regulatory action,’’ under Executive                  annually and rates each agency’s
                                             vessels transiting this safety zone during              Order 12866. Accordingly, this rule has               responsiveness to small business. If you
                                             high water.                                             not been reviewed by the Office of                    wish to comment on actions by
                                                                                                     Management and Budget (OMB), and                      employees of the Coast Guard, call 1–
                                             IV. Discussion of the Rule                              pursuant to OMB guidance it is exempt                 888–REG–FAIR (1–888–734–3247). The
                                                The Coast Guard is establishing a                    from the requirements of Executive                    Coast Guard will not retaliate against
                                             temporary safety zone for all navigable                 Order 13771.                                          small entities that question or complain
                                             waters of the Lower Mississippi River,                     This regulatory action determination               about this rule or any policy or action
                                             extending the entire width of the river,                is based on the size, location, and                   of the Coast Guard.
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                                             from mile marker (MM) 405 to MM 408.                    duration of the safety zone. This
                                                                                                                                                           C. Collection of Information
                                             Transit into and through this area is                   emergency safety zone will restrict
                                             prohibited for all traffic beginning at 10              vessel traffic from entering or transiting              This rule will not call for a new
                                             a.m. on March 13, 2018 and will                         through a three-mile section of the                   collection of information under the
                                             continue through 7 p.m. on March 31,                    navigable waterways of the Lower                      Paperwork Reduction Act of 1995 (44
                                             2018. The COTP will terminate the                       Mississippi River from mile marker                    U.S.C. 3501–3520).


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                                                              Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations                                               13187

                                             D. Federalism and Indian Tribal                         Appendix A, Table 1 of DHS Instruction                safety zone, contact the COTP or the
                                             Governments                                             Manual 023–01–001–01, Rev. 01. A                      COTP’s representative by telephone at
                                                A rule has implications for federalism               Record of Environmental Consideration                 1–866–777–2784 or on VHF–FM
                                             under Executive Order 13132,                            (REC) supporting this determination                   channel 16.
                                                                                                     will be made available in the docket                     (3) Persons and vessels permitted to
                                             Federalism, if it has a substantial direct
                                                                                                     where indicated under ADDRESSES.                      enter this safety zone shall not meet,
                                             effect on the States, on the relationship
                                                                                                                                                           pass, or overtake any vessel currently
                                             between the national government and                     G. Protest Activities                                 transiting, shall maintain slowest speed
                                             the States, or on the distribution of                     The Coast Guard respects the First                  for safe navigation, and shall comply
                                             power and responsibilities among the                    Amendment rights of protesters.                       with all lawful directions issued by the
                                             various levels of government. We have                   Protesters are asked to contact the                   COTP or the designated representative.
                                             analyzed this rule under that Order and                 person listed in the FOR FURTHER                         (d) Informational Broadcasts. This
                                             have determined that it is consistent                   INFORMATION CONTACT section to                        safety zone may include closures and/or
                                             with the fundamental federalism                         coordinate protest activities so that your            navigation restrictions and requirements
                                             principles and preemption requirements                  message can be received without                       that are vital to maintaining safe
                                             described in Executive Order 13132.                     jeopardizing the safety or security of                navigation on this section of the Lower
                                                Also, this rule does not have tribal                 people, places, or vessels.                           Mississippi River during the high water.
                                             implications under Executive Order                                                                            The COTP or a designated
                                             13175, Consultation and Coordination                    List of Subjects in 33 CFR Part 165
                                                                                                                                                           representative will inform the public
                                             with Indian Tribal Governments,                           Harbors, Marine safety, Navigation                  through broadcast notices to mariners of
                                             because it does not have a substantial                  (water), Reporting and recordkeeping                  any changes in the enforcement period
                                             direct effect on one or more Indian                     requirements, Security measures,                      for the safety zone.
                                             tribes, on the relationship between the                 Waterways.
                                             Federal Government and Indian tribes,                                                                           Dated: March 12, 2018.
                                                                                                       For the reasons discussed in the                    R. Tamez,
                                             or on the distribution of power and                     preamble, the Coast Guard amends 33
                                             responsibilities between the Federal                                                                          Captain, U.S. Coast Guard, Captain of the
                                                                                                     CFR part 165 as follows:                              Port Sector Lower Mississippi River.
                                             Government and Indian tribes. If you
                                             believe this rule has implications for                  PART 165—REGULATED NAVIGATION                         [FR Doc. 2018–06213 Filed 3–27–18; 8:45 am]
                                             federalism or Indian tribes, please                     AREAS AND LIMITED ACCESS AREAS                        BILLING CODE 9110–04–P
                                             contact the person listed in the FOR
                                             FURTHER INFORMATION CONTACT section                     ■ 1. The authority citation for part 165
                                             above.                                                  continues to read as follows:                         DEPARTMENT OF HOMELAND
                                                                                                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                           SECURITY
                                             E. Unfunded Mandates Reform Act
                                                                                                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                               The Unfunded Mandates Reform Act                                                                            Coast Guard
                                                                                                     Department of Homeland Security Delegation
                                             of 1995 (2 U.S.C. 1531–1538) requires                   No. 0170.1.
                                             Federal agencies to assess the effects of                                                                     33 CFR Part 165
                                                                                                     ■ 2. Add § 165.T08–0229 to read as
                                             their discretionary regulatory actions. In              follows:                                              [Docket Number USCG–2018–0086]
                                             particular, the Act addresses actions
                                                                                                                                                           RIN 1625–AA00
                                             that may result in the expenditure by a                 § 165.T08–0229 Safety Zone; Lower
                                             State, local, or tribal government, in the              Mississippi River; Port Gibson, MS.
                                                                                                                                                           Safety Zone; Pensacola Bay,
                                             aggregate, or by the private sector of                     (a) Location. The following area is a              Pensacola, FL
                                             $100,000,000 (adjusted for inflation) or                safety zone: All navigable waters of the
                                             more in any one year. Though this rule                  Lower Mississippi River, extending the                AGENCY:    Coast Guard, DHS.
                                             will not result in such expenditure, we                 entire width of the river, from mile                  ACTION:   Temporary final rule.
                                             do discuss the effects of this rule                     marker (MM) 405 to MM 408, in the
                                             elsewhere in this preamble.                             vicinity of Port Gibson, MS.                          SUMMARY:   The Coast Guard is
                                                                                                        (b) Period of enforcement. This                    establishing a temporary safety zone for
                                             F. Environment                                                                                                all navigable waters on Pensacola Bay
                                                                                                     section will be enforced from 10 a.m. on
                                               We have analyzed this rule under                      March 13, 2018 and will continue                      within 100 yards of each vessel
                                             Department of Homeland Security                         through 7 p.m. on March 31, 2018, or                  participating in the Tall Ships Pensacola
                                             Management Directive 023–01 and                         until the high-water event ceases,                    marine event and parade in Pensacola,
                                             Commandant Instruction M16475.lD,                       whichever occurs first.                               FL and within 100 yards of the Port of
                                             which guide the Coast Guard in                             (c) Regulations. (1) In accordance with            Pensacola for the duration of the marine
                                             complying with the National                             the general regulations in § 165.23,                  event and parade. This rule is necessary
                                             Environmental Policy Act of 1969 (42                    entry of vessels or persons into this zone            to provide for the safety of life and
                                             U.S.C. 4321–4370f), and have                            is prohibited unless specifically                     property on these navigable waters
                                             determined that this action is one of a                 authorized by the Captain of the Port                 during the Tall Ships Pensacola marine
                                             category of actions that do not                         Sector Lower Mississippi River (COTP)                 event. This rule will prohibit persons
                                             individually or cumulatively have a                     or a designated representative. A                     and vessels from entering the safety
                                             significant effect on the human                         designated representative is a                        zone unless specifically authorized by
                                             environment. This rule involves an                      commissioned, warrant, or petty officer               the Captain of the Port Sector Mobile
                                             emergency safety zone lasting                                                                                 (COTP) or a designated representative.
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                                                                                                     of the U.S. Coast Guard assigned to
                                             approximately nineteen days that will                   units under the operational control of                DATES: This rule is effective from 8 a.m.
                                             prohibit entry into a three-mile stretch                USCG Sector Lower Mississippi River.                  on April 12, 2018 through 8 p.m. on
                                             of the Lower Mississippi River during a                    (2) Vessels requiring entry into this              April 15, 2018.
                                             hazardous high-water event. It is                       safety zone must request permission                   ADDRESSES: To view documents
                                             categorically excluded from further                     from the COTP or a designated                         mentioned in this preamble as being
                                             review under paragraph L60(d) of                        representative. To seek entry into the                available in the docket, go to http://


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Document Created: 2018-11-01 08:55:20
Document Modified: 2018-11-01 08:55:20
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 without actual notice from March 28, 2018 through 7 p.m. on March 31, 2018. For the purposes of enforcement, actual notice will be used from 10 a.m. on March 13, 2018 through March 28, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Todd Manow, Sector Lower Mississippi River Prevention Department, U.S. Coast Guard; telephone 901-521-4813, email [email protected]
FR Citation83 FR 13185 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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