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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210021
RIN 1625AA00

Safety Zone; Red River, Mile Marker 59, Moncla, LA
Coast Guard, DHS.
Temporary final rule.

AGENCY:
ACTION:

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Red River RR, Mile Marker 58 through 60. The safety zone is needed to protect persons, property, and the marine environment from the potential safety hazards associated with line pulling operations in the vicinity of Moncla, LA. 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.

SUMMARY:

This rule is effective March 11, 2021 through March 25, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0021 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 9015214813, email Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:

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 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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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
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impracticable, unnecessary, or contrary to the public interest. Under 5 U.S.C.
553bB, 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.
Initially, these operations were set to begin from March 4, 2021 through March 10, 2021. However, the contractor handling the line pulling operations informed us that they cannot start the work until March 11, 2021. A
temporary final rule for these operations was published in the Federal Register on March 4, 2021 86 FR 12543. The NPRM process would delay the establishment of the safety zone until after the date of the event and compromise public safety. We must establish this temporary safety zone immediately and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule.
Under 5 U.S.C. 553d3, 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 Moncla, LA.
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 Sector Lower Mississippi River COTP has determined that potential hazards associated with the line pulling operations, would be a safety concern for all persons and vessels on the Red River between MM 58 and MM 60 in the vicinity of Moncla, LA. This rule is needed to protect persons, property, infrastructure, and the marine environment in all waters of the RR
within the safety zone while line pulling operations are being conducted.
IV. Discussion of the Rule This rule establishes a temporary safety zone from March 11, 2021
through March 25, 2021. Initially, these operations were set to begin on March 4, 2021 through March 10, 2021.
However, the contractor handling the line pulling operations informed us that they cannot start work until March 11, 2021. The safety zone will cover all navigable waters of the RR from MM 58

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through MM 60 in the vicinity of Moncla, LA. The duration of this safety zone is intended to ensure the safety of waterway users on these navigable waters during 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
5214822. 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.
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 of the safety zone. This emergency safety zone will temporarily restrict navigation on the RR at MM 58
through 60 in the vicinity of Moncla, LA., from March 11, 2021 through March 25, 2021. Moreover, The Coast Guard will issue Broadcast Notices to Mariners BNMs, Local Notices to Mariners LNMs, and/or Marine Safety Information Bulletins MSIBs, as appropriate. The rule allows vessels to seek permission to enter the zone.

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