Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Rules and Regulations 82357 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0713] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Natchez, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River (LMR), between Mile 

Marker 368 and 370. The safety zone is 

needed to protect persons, property, 

infrastructure, and the marine 

environment from the potential safety 

hazards associated with line pulling 

operations in the vicinity of the 

Natchez, MS. Entry of persons or vessels 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Sector Lower Mississippi River or a 

designated representative. 

DATES: This rule is effective without 

actual notice on December 18, 2020. For 

the purposes of enforcement, actual 

notice will be used from December 9, 

2020 until December 17, 2020. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0713 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 MSTC Lindsey Swindle, U.S. 

Coast Guard; telephone 901–521–4813, 

email Lindsey.M.Swindle@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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. Immediate action is 

needed to protect persons and property 

from the potential safety hazards 

associated with line pulling operations. 

The NPRM process would delay the 

establishment of the safety zone until 

after the date of the event and 

compromise public safety. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with the line 

pulling operations in the vicinity of 

Natchez, MS. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port (COTP) Sector Lower 

Mississippi River (LMR) has determined 

that potential hazards associated with 

the line pulling operations at Mile 

Marker (MM) 369.0, scheduled to start 

on December 9, 2020, would be a safety 

concern for all persons and vessels on 

the Lower Mississippi River between 

MM 368.0 and MM 370.0 through 

December 18, 2020. This rule is needed 

to protect persons, property, 

infrastructure, and the marine 

environment in all waters of the LMR 

within the safety zone while line 

pulling operations are being conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from December 9, 2020 to 

December 18, 2020. The safety zone will 

cover all navigable waters of the LMR 

from MM 368.0 to MM 370.0. The 

duration of this safety zone is intended 

to ensure the safety of waterway users 

on these navigable waters during, the 

line pulling operations. 

Entry of persons or vessels into this 

safety zone is prohibited unless 

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. Persons or 

vessels seeking to enter the safety zones 

must request permission from the COTP 

or a designated representative on VHF– 

FM channel 16 or by telephone at 901– 

521–4822. If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the enforcement times and 

date for this safety zone through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs), as appropriate. 

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. Vessel 

traffic will be prohibited from entering 

this safety zone, which will impact a 

one-mile stretch of Lower Mississippi 

River for only 6 days. Moreover, the 

Coast Guard will issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the safety 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 


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82358 Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Rules and Regulations 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969(42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that will prohibit entry on a onemile stretch of the Lower Mississippi 

River. It is categorically excluded from 

further review under paragraph L60 of 

Appendix A, Table 1 of UDHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0713 to read as 

follows: 

§ 165.T08–0713 Safety Zone; Lower 

Mississippi river, Natchez, MS. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from Mile 

Marker (MM) 368 through MM 370. 

(b) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Lower Mississippi 

River (COTP) or the COTP’s 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) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16 

or by telephone at 901–521–4822. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(c) Enforcement period. This rule is 

effective without actual notice on 

December 18, 2020. For the purposes of 

enforcement, actual notice will be used 

from December 9, 2020 until December 

17, 2020. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: December 8, 2020. 

R.S. Rhodes, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Lower Mississippi River. 

[FR Doc. 2020–27418 Filed 12–17–20; 8:45 am] 

BILLING CODE 9110–04–P 


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