FR 2021-02436

The document from the Federal Register outlines a temporary safety rule implemented by the Coast Guard, effective between February 8, 2021, and March 15, 2021. This rule establishes a safety zone along the Lower Mississippi River between mile markers 330 and 360 to protect individuals and property from the hazards associated with bank grading and mat sinking operations performed by the U.S. Army Corps of Engineers. Entry into this zone is generally prohibited unless specifically authorized by the Captain of the Port Sector Lower Mississippi River or a designated representative. The public can receive information about enforcement through various marine notices and safety bulletins.

General Summary

The Coast Guard has issued a temporary safety regulation concerning a specific stretch of the Lower Mississippi River. This action is intended to ensure safety during engineering operations that involve potentially hazardous material handling and riverbed modifications. The rule prohibits unauthorized access to the designated area but allows for conditional entry through prior approval, ensuring that vessels and individuals do not inadvertently enter potentially hazardous zones.

Significant Issues and Concerns

Several notable concerns arise from the implementation of this temporary rule:

• Lack of Public Engagement: The document suggests that the rule was established without extensive public consultation, which may stir public interest about transparency and community involvement in such decisions. While contact details are provided for inquiries, there appear to be limited mechanisms for public feedback or engagement in the rule-making process.

• Complex Language: The regulation is filled with technical jargon and abbreviations—such as COTP (Captain of the Port) and USACE (U.S. Army Corps of Engineers)—which might pose comprehension issues for the general public. Individuals unfamiliar with maritime or Coast Guard terminology may struggle to fully understand the rule's scope and implications.

• Discretionary Permissions: The ability for individuals or vessels to gain entry based on COTP or representative approval introduces a level of discretion that may seem inconsistent. There is potential concern regarding the fairness and consistency of granting access and the specific criteria used to evaluate application requests.

Impact on the General Public

For the public, this rule seeks to ensure safety and mitigate risks within the specified river area during ongoing operations. While this is generally positive in terms of public safety, those who frequently use this section of the river for navigation might face disruptions or delays. This could impact local businesses and private individuals who rely on river access for their livelihood or recreation.

Impact on Specific Stakeholders

Certain stakeholders, such as commercial shipping operators and local anglers, might experience immediate effects from this temporary rule:

• Commercial Shipping Operators: Entities reliant on river traffic may face logistical challenges due to restricted access and the need for permissions that could delay operations. However, the temporary nature of the rule might minimize long-term impact.

• Recreational Users and Small Businesses: Local boaters or small business operators may find themselves needing to frequently seek permission or alter their activities, which could disrupt operations or enjoyment of the river.

Despite these challenges, the primary intention remains to safeguard all waterway users by establishing a clear, controlled environment while essential engineering work is conducted. While stakeholders might experience inconvenience, the overarching aim of this rule is the broader enhancement of security and protection of all individuals in proximity to the specified operational zone on the river.

The Federal Register document concerning the temporary safety zone on the Lower Mississippi River mentions financial considerations primarily in the context of the Unfunded Mandates Reform Act of 1995. This act requires federal agencies to evaluate the financial impact of their regulatory actions, specifically if these actions might lead to significant expenditures by state, local, or tribal governments or by the private sector.

Summary of Financial References

The key financial reference in the document is the mention under the Unfunded Mandates Reform Act. It addresses actions that might lead to the expenditure of $100,000,000 or more in any one year by governmental bodies or the private sector, adjusted for inflation. However, the document does not specify any costs or financial commitments that will result from the implementation of this temporary safety zone.

Relation to Identified Issues

One of the identified issues is the absence of specifics on costs or budget allocations related to the safety zone. This lack could raise questions about potential spending, especially given the rule's temporary nature. The mention of the $100,000,000 threshold under the Unfunded Mandates Reform Act suggests that any expenditures related to this rule are expected to fall well below this figure, implying limited financial impact.

It is also important to note that the document does not establish a mechanism for public consultation about potential financial implications. This absence might contribute to concerns about public involvement in decision-making, as stakeholders may wish to understand the financial ramifications better.

Another aspect to consider is the permission process for entry into the safety zone. While not directly tied to financial references, concerns about the consistency and fairness of granting entry permissions might intersect with potential financial considerations for businesses relying on river navigation. Yet, detailed financial impacts on such entities are not addressed in the document.

Overall, while the document alludes to financial considerations under a broad legislative framework, it does not delve into specific expenditures or financial strategies, reflecting its focus on regulatory rather than financial details.