[Federal Register Volume 75, Number 111 (Thursday, June 10, 2010)]
[Rules and Regulations]
[Pages 32852-32854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13908]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2010-0412]
RIN 1625-AA08
Navy River Swim Special Local Regulation; Lower Mississippi
River, Walls, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
all waters of the Lower Mississippi River from mile marker 710 to 711
extending the entire width of the river. This special local regulation
is needed to protect persons and vessels from the potential safety
hazards associated with an event involving a swim across the Lower
Mississippi River.
DATES: This rule is effective from 5 a.m. to 9 a.m., local time, on
June 18, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0412 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0412 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Junior Grade Jason Erickson,
Coast Guard; telephone 901-521-4753, e-mail [email protected].
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to protect
the participants in the Mississippi River swim, spectators, and other
mariners from the safety hazards associated with swimming across the
Lower Mississippi River. Further, the Coast Guard had late notice with
respect to the permit: the Coast Guard did not receive the application
for a marine event permit until May 2010.
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. This is because immediate action
is needed to protect the participants in the Mississippi River swim,
spectators, and other mariners from the safety hazards associated with
swimming across the Lower Mississippi River.
Basis and Purpose
On May 6, 2010, the Coast Guard received an Application for
Approval of Marine Event for a swim across the Lower Mississippi River.
A special local regulation is needed to protect participants,
spectators, and other mariners from the possible hazards associated
with a swim across the Lower Mississippi River.
Discussion of Rule
The Coast Guard is establishing a special local regulation for all
waters of the Lower Mississippi River from mile marker 710 to 711
extending the entire width of the river. Entry into the designated
areas will be prohibited to all vessels, mariners, and persons unless
specifically authorized by the COTP Lower Mississippi River or a
designated representative.
The COTP Lower Mississippi River or a designated representative
will inform the public through broadcast notices to mariners of changes
in the effective period for the special local regulation. This rule is
effective from 5 a.m. to 9 a.m., local time, on June 18, 2010.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
This rule will only be in effect for a short period of time and
notifications to the marine community will be made through broadcast
notices to mariners. The impacts on routine navigation are expected to
be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
[[Page 32853]]
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the Lower Mississippi River between mile marker 710 and mile marker
711, effective from 5 a.m. to 9 a.m., local time, on June 18, 2010.
This special local regulation will not have a significant economic
impact on a substantial number of small entities because this rule will
only be in effect for four hours on the day the event is occurring. In
addition, the common vessel traffic in this area is limited almost
entirely to recreational vessels and commercial towing vessels.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves participants swimming across the
Lower Mississippi River, and is not expected to result in any
significant adverse environmental impact as described in NEPA.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. A new temporary Sec. 100.35T08-0412 is added to read as follows:
[[Page 32854]]
Sec. 100.35T08-0412 Navy River Swim Special Local Regulation; Lower
Mississippi River Mile Marker 710 to 711, Walls, MS.
(a) Location. The following area is a safety zone: all waters of
the Lower Mississippi River, beginning at mile marker 710 and ending at
mile marker 711, extending the entire width of the river.
(b) Effective dates. This section is effective from 5 a.m. through
9 a.m., local time, on June 18, 2010.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, entry into the designated area is prohibited
unless authorized by the Captain of the Port Lower Mississippi River or
a designated representative.
(2) Persons or vessels requiring entry into or passage through the
designated area must request permission from the Captain of the Port
Lower Mississippi River or a designated representative. They may be
contacted on VHF-FM channels 16 or by telephone at (901) 521-4822.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Lower Mississippi River and designated
personnel. Designated personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
(d) Informational Broadcasts: The Captain of the Port, Lower
Mississippi River will inform the public when safety zones have been
established via Broadcast Notice to Mariners.
Dated: May 13, 2010.
Michael Gardiner,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi
River.
[FR Doc. 2010-13908 Filed 6-9-10; 8:45 am]
BILLING CODE 9110-04-P