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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations 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:
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
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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 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 the rock replacement project. 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 rock replacement project in the vicinity of Randolph Bluff, TN.
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
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determined that potential hazards associated with the rock replacement project, would be a safety concern for all persons and vessels on the Lower Mississippi River between Mile Marker MM 762 and MM 782 in the vicinity of Randolph Bluff, TN. This rule is needed to protect persons, property, infrastructure, and the marine environment in all waters of the LMR
within the safety zone while the rock replacement project are being conducted.
IV. Discussion of the Rule This rule establishes a temporary safety zone from April 27, 2021 through May 31, 2021. The safety zone will cover all navigable waters of the LMR
from MM 762 through MM 782 in the vicinity of Randolph Bluff, TN. The duration of this safety zone is intended to ensure the safety of waterway users on these navigable waters during the rock replacement project.
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,
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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 LMR at MM
762 through 782 in the vicinity of Randoloh Bluff, TN., from April 27, 2021 through May 31, 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.
B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b 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 temporary 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1
888REGFAIR 18887343247. The Coast Guard will not retaliate against
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