Safety Zone; Upper Mississippi River Mile Markers 125-126, Sainte Genevieve, MO, 65529-65531 [2022-23340]
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Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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 encompassing the width of the
Upper Mississippi River at MM 485.3–
485.9. It is categorically excluded from
further review under paragraph L60 (a)
of Appendix A, Table 1 of DHS
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
VerDate Sep<11>2014
15:51 Oct 28, 2022
Jkt 259001
65529
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
Dated: October 25, 2022.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
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:
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket Number USCG–2022–0883]
INFORMATION CONTACT
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.
2. Add § 165.T08–0789 to read as
follows:
[FR Doc. 2022–23717 Filed 10–27–22; 4:15 pm]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA00
Safety Zone; Upper Mississippi River
Mile Markers 125–126, Sainte
Genevieve, MO
ACTION:
■
§ 165.T08 –0789 Safety Zone; Upper
Mississippi River, Mile Markers 485.3–485.9,
Davenport, IA.
(a) Location. The following area is a
safety zone: all navigable waters within
the Upper Mississippi River, Mile
Markers (MM) 485.3–485.9.
(b) Effective period. This section is
effective from October 31, 2022 through
November 23, 2022.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
§ 165.23, entry of persons or vessels into
this safety zone described in paragraph
(a) of this section 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 (USCG) assigned to units
under the operational control of USCG
Sector Upper Mississippi River.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement, as well as reductions in
size or scope of the safety zone as ice
or flood conditions improve, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Safety Marine Information
Broadcast (SMIB) as appropriate.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Upper
Mississippi River extending from mile
marker (MM) 125 to MM 126 near
Sainte Genevieve, MO. The safety zone
is needed to protect personnel and
vessels from potential hazards due to
shoaling in the area. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Upper
Mississippi River or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from October 31, 2022
through November 3, 2022. For the
purposes of enforcement, actual notice
will be used from October 20, 2022,
until October 31, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0883 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
Chief Nathaniel Dibley, Waterways
Management, Sector Upper Mississippi
River, U.S. Coast Guard; telephone 314–
269–2550, email Nathaniel.D.Dibley@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
E:\FR\FM\31OCR1.SGM
31OCR1
65530
Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Rules and Regulations
§ Section
U.S.C. United States Code
khammond on DSKJM1Z7X2PROD with RULES
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 would
be impracticable. On October 14, 2022
a vessel grounded due to shoaling in the
navigation channel. Surveys were then
conducted and the shoaling was
confirmed in the navigation channel of
the Upper Mississippi River between
MM 125 and MM 126, causing a hazard
to navigation. The safety zone must be
established immediately to protect
people and vessels from hazards
associated with operating in the
vicninity of dangerous shoaling areas
during low water conditions. It is
impracticable to publish an NPRM
because this safety zone must be
established immediately.
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 shoaling in the
navigation channel.
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 Upper
Mississippi River has determined that
potential hazards associated with
shoaling in the navigation channel
during low water conditions will be a
safety concern for anyone transiting the
Upper Mississippi River between MM
125 and MM 126. This rule is needed to
protect personnel, vessels, and the
marine environment from the potential
hazards of operating near shoaling in
low water conditions.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from October 20, 2022, until
November 3, 2022, or the until the
VerDate Sep<11>2014
15:51 Oct 28, 2022
Jkt 259001
hazard has been mitigated. The safety
zone will cover all navigable waters of
the Upper Mississippi River between
MM 125 to MM 126. The COTP will
terminate the enforcement of this
temporary safety zone before November
3, 2022, if the hazards associated with
the shoaling have been resolved and
surveys indicate that it is safe to transit.
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 via telephone at 314–
269–2561.
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 on size, duration, and
location of the temporary safety zone.
This temporary safety zone will restrict
vessel traffic within a 1 mile area of
navigable waters on the Upper
Mississippi River between MM 125 and
MM 126. This zone will remain in effect
only while the hazards associated with
the shoaling are present. Vessels seeking
to enter or pass through the zone may
seek permission from the COTP Sector
Upper Mississippi River.
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.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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
E:\FR\FM\31OCR1.SGM
31OCR1
Federal Register / Vol. 87, No. 209 / Monday, October 31, 2022 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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 for all navigable
waters of the Upper Mississippi River
from MM 125 to MM 126. The safety
zone will last from October 20, 2022,
until November 3, 2022, or until all
hazards associated with the shoaling
have been resolved. 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 is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
khammond on DSKJM1Z7X2PROD with RULES
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:
VerDate Sep<11>2014
15:51 Oct 28, 2022
Jkt 259001
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.
2. Add § 165.T08–0883 to read as
follows:
■
§ 165.0883 Safety Zone; Upper Mississippi
River MM 125–126, Sainte Genevieve, MO.
(a) Location. The safety zone will
cover all navigable waters of the Upper
Mississippi River between mile markers
(MM) 125 and MM 126.
(b) Enforcement period. This section
will be enforced from October 20, 2022,
and will continue until November 3,
2022, or until the hazards associated
with the shoaling have been resolved.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry of vessels or persons into
the zone are prohibited unless
specifically authorized by the Captain of
the Port Sector Upper Mississippi River
(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 Upper Mississippi River.
(2) If permission is granted, all person
and vessels must comply with the
instructions of the COTP or designated
representative while proceeding through
the zone.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement, through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Safety Marine
Information Broadcast (SMIB) as
appropriate.
Dated: October 20, 2022.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2022–23340 Filed 10–28–22; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00013
Fmt 4700
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65531
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[RTID 0648–XC446]
Fraser River Sockeye Salmon
Fisheries; Inseason Orders
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
orders.
AGENCY:
NMFS publishes Fraser River
salmon inseason orders to regulate tribal
treaty (treaty Indian) and non-tribal (all
citizen) commercial salmon fisheries in
United States (U.S.) waters. The orders
were issued by the Fraser River Panel
(Panel) of the Pacific Salmon
Commission (Commission) and
subsequently approved and issued by
NMFS during 2022 for sockeye salmon
fisheries within the U.S. Fraser River
Panel Area. These orders established
fishing dates, times, and areas for the
gear types of U.S. treaty Indian and all
citizen commercial fisheries during the
period the Panel exercised jurisdiction
over these fisheries.
DATES: The effective dates for the
inseason orders are set out in this
document under the heading Inseason
Orders.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Anthony Siniscal at 971–322–8407,
email: Anthony.siniscal@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Treaty between the Government of the
United States of America and the
Government of Canada concerning
Pacific salmon was signed at Ottawa on
January 28, 1985, and subsequently was
given effect in the United States by the
Pacific Salmon Treaty Act (Act) at 16
U.S.C. 3631–3644.
Under authority of the Act, Federal
regulations at 50 CFR part 300, subpart
F, provide a framework for the
implementation of certain regulations of
the Commission and inseason orders of
the Commission’s Panel for U.S. sockeye
and pink salmon fisheries in the Fraser
River Panel Area.
The regulations close the U.S. portion
of the Panel Area to U.S. sockeye and
pink salmon tribal and non-tribal
commercial fishing unless opened by
Panel regulations that are given effect by
inseason orders issued by NMFS (50
CFR 300.94(a)(1)). During the fishing
season, NMFS may issue inseason
orders that establish fishing times and
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Rules and Regulations]
[Pages 65529-65531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23340]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0883]
RIN 1625-AA00
Safety Zone; Upper Mississippi River Mile Markers 125-126, Sainte
Genevieve, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Upper Mississippi River extending from mile
marker (MM) 125 to MM 126 near Sainte Genevieve, MO. The safety zone is
needed to protect personnel and vessels from potential hazards due to
shoaling in the area. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Upper Mississippi River or a designated representative.
DATES: This rule is effective without actual notice from October 31,
2022 through November 3, 2022. For the purposes of enforcement, actual
notice will be used from October 20, 2022, until October 31, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0883 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 on this rule,
call or Chief Nathaniel Dibley, Waterways Management, Sector Upper
Mississippi River, U.S. Coast Guard; telephone 314-269-2550, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
[[Page 65530]]
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 would be impracticable. On October
14, 2022 a vessel grounded due to shoaling in the navigation channel.
Surveys were then conducted and the shoaling was confirmed in the
navigation channel of the Upper Mississippi River between MM 125 and MM
126, causing a hazard to navigation. The safety zone must be
established immediately to protect people and vessels from hazards
associated with operating in the vicninity of dangerous shoaling areas
during low water conditions. It is impracticable to publish an NPRM
because this safety zone must be established immediately.
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 shoaling in
the navigation channel.
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 Upper Mississippi River has determined that potential hazards
associated with shoaling in the navigation channel during low water
conditions will be a safety concern for anyone transiting the Upper
Mississippi River between MM 125 and MM 126. This rule is needed to
protect personnel, vessels, and the marine environment from the
potential hazards of operating near shoaling in low water conditions.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from October 20,
2022, until November 3, 2022, or the until the hazard has been
mitigated. The safety zone will cover all navigable waters of the Upper
Mississippi River between MM 125 to MM 126. The COTP will terminate the
enforcement of this temporary safety zone before November 3, 2022, if
the hazards associated with the shoaling have been resolved and surveys
indicate that it is safe to transit. 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 via
telephone at 314-269-2561.
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 on size, duration,
and location of the temporary safety zone. This temporary safety zone
will restrict vessel traffic within a 1 mile area of navigable waters
on the Upper Mississippi River between MM 125 and MM 126. This zone
will remain in effect only while the hazards associated with the
shoaling are present. Vessels seeking to enter or pass through the zone
may seek permission from the COTP Sector Upper Mississippi River.
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
[[Page 65531]]
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 for all navigable waters of the Upper Mississippi
River from MM 125 to MM 126. The safety zone will last from October 20,
2022, until November 3, 2022, or until all hazards associated with the
shoaling have been resolved. 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 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
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.T08-0883 to read as follows:
Sec. 165.0883 Safety Zone; Upper Mississippi River MM 125-126, Sainte
Genevieve, MO.
(a) Location. The safety zone will cover all navigable waters of
the Upper Mississippi River between mile markers (MM) 125 and MM 126.
(b) Enforcement period. This section will be enforced from October
20, 2022, and will continue until November 3, 2022, or until the
hazards associated with the shoaling 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
are prohibited unless specifically authorized by the Captain of the
Port Sector Upper Mississippi River (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 Upper Mississippi River.
(2) If permission is granted, all person and vessels must comply
with the instructions of the COTP or designated representative while
proceeding through the zone.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement, through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Safety Marine Information Broadcast (SMIB)
as appropriate.
Dated: October 20, 2022.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2022-23340 Filed 10-28-22; 8:45 am]
BILLING CODE 9110-04-P
