[Federal Register Volume 87, Number 95 (Tuesday, May 17, 2022)]
[Rules and Regulations]
[Pages 29828-29830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10529]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0440]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Cape Girardeau, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Upper Mississippi River extending from mile 
marker (MM) 49 to MM 50 on the Upper Mississippi River near Cape 
Girardeau, MO. The safety zone is needed to protect personnel and 
vessels from potential hazards due to a partially sunken cement barge 
in the navigational channel. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective without actual notice from May 17, 2022 
through June 10, 2022. For the purposes of enforcement, actual notice 
will be used from May 11, 2022 until May 17, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0440 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email MST2 Evan Dawson, MSU Paducah, U.S. Coast 
Guard; telephone 270-442-1621 ext. 2135, email <a href="/cdn-cgi/l/email-protection#7b282f37562836395636282e2b1a1f0e181a13562c2c363b0e08181c55161217"><span class="__cf_email__" data-cfemail="c794938bea948a85ea8a949297a6a3b2a4a6afea90908a87b2b4a4a0e9aaaeab">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 would be impracticable. On May 8, 
2022 a cement barge became partially sunk in the navigation channel of 
the Upper Mississippi River at MM 49.5 causing a hazard to navigation. 
The safety zone must be established immediately to protect people and 
vessels from hazards associated with the partially sunken barge. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by May 11, 2022.
    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 impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the sunken 
barge.

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 COTP has determined that 
potential hazards associated a partially sunken barge in the navigation 
channel will be a safety concern for anyone trainsiting between MM 49 
and MM 50 on the Upper Mississippi River. The safety zone is needed to 
protect personnel and vessels from potential hazards due to a partially 
sunken barge in the navigation channel.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from May 11, 2022 
through June 10, 2022, or until the hazard has been mitigated. The 
temporary safety zone will cover all navigable waters of the Upper 
Mississippi River extending from mile marker (MM) 49 to MM 50. The COTP 
will terminate the enforcement of this temporary safety zone before 
June 10, 2022 if the hazards associated with the partially sunken barge 
have been resolved. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative. The COTP may be contacted by telephone at 502-779-5422 
or the on scene designated representative can be reached via 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 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size, 
location, and duration. This temporary safety zone will restrict vessel 
traffic from entering or transiting within a 1 mile area of navigable 
waters on the Upper Mississippi River between MM 49 and MM 50. While in 
effect, this rule would allow vessels to seek permission to enter the 
zone. Moreover, the Coast Guard will issue Broadcast Notice to Mariners

[[Page 29829]]

via VHF-FM channel 16 about the temporary safety zone. Additionally, 
the temporary safety zone will only be in effect while the partially 
sunken barge remains a hazard to navigation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
temporary safety zone lasting until June 10, 2022 or until salvage 
operations of the partially sunken barge are complete. 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. 1. A 
Record of Environmental Consideration supporting this determination 
will be produced. 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

0
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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T08-0440 to read as follows:


Sec.  165.T08-0440  Safety Zone; Upper Mississippi River, Cape 
Girardeau, MO

    (a) Location. The safety zone will cover all navigable waters of 
the Upper Mississippi River between mile marker (MM) 49 and MM 50.
    (b) Enforcement period. This section will be enforced from May 11, 
2022 and will continue through June 10, 2022 or until the hazards 
associated with the partially sunken barge have been resolved.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry of vessels or persons into the zone 
during demolition or salvage operations are prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley 
(COTP) or 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 Ohio 
Valley.
    (2) If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or designated representative while 
proceeding through the zone.


[[Page 29830]]


    Dated: May 11, 2022.
J.S. Franz,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio 
Valley.
[FR Doc. 2022-10529 Filed 5-16-22; 8:45 am]
BILLING CODE 9110-04-P


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