[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Rules and Regulations]
[Pages 35104-35106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14922]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0433]
RIN 1625-AA00
Safety Zone; Waterway Closure, Atchafalaya River From Mile Marker
117 (Morgan City Railroad Bridge) to Mile Marker 0 (Simmesport, LA)
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
closing the Atchafalaya River to all commercial traffic from MM 117
(Morgan City Railroad Bridge) to MM 0 (Simmesport, LA). This temporary
safety zone is needed to protect the general public, vessels and tows
from destruction, and the levee system from destruction, loss or injury
due to hazards associated with rising flood water.
DATES: Effective Date: this rule is effective in the CFR from June 16,
2011 until 11:59 p.m. July 31, 2011. This rule is effective with actual
notice for purposes of enforcement beginning 12:01 a.m. May 16, 2011
through 11:59 p.m. July 31, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0433 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0433 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 (LT) Russell Pickering, Coast
Guard; telephone 985-380-5334, 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 publishing a NPRM would be
impracticable since immediate action is needed to protect the general
public, levee system, vessels and tows from the hazards associated with
rising flood water on the Atchafalaya River.
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. Publishing a NPRM and delaying its
effective date would be impracticable since immediate action is needed
to protect the general public, levee system, vessels and tows from
destruction, loss or injury due to the
[[Page 35105]]
hazards associated with rising flood water in the Atchafalaya River.
Basis and Purpose
Captain of the Port Morgan City, Louisiana has determined that
there is a need to establish a temporary safety zone due to high water.
This temporary safety zone is needed to protect the general public,
levee system, vessels and tows from destruction, loss or injury from
flood waters and associated hazards.
Discussion of Rule
The Coast Guard is establishing a temporary Safety Zone in the
Atchafalaya River for all commercial traffic from MM 117 (Morgan City
Railroad Bridge) to MM 0 (Simmesport, LA). Vessels and tows may not
enter this zone unless authorized by the Captain of the Port Morgan
City or designated representative.
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.
Although this regulation will restrict access to the area, the
effect of the rule will not be significant because vessels requiring
entry into or passage through the Safety Zone may request permission
from the Captain of the Port Morgan City, or a designated
representative and entry will be evaluated on a case-by-case basis to
minimize impact and protect the general public, levee system, vessels
and tows from destruction, loss or injury due to the hazards associated
with rising flood water. Notifications to the marine community will be
made through broadcast notices to mariners and Local Notices to
Mariners and Marine Safety Information Bulletins.
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. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit through the Safety Zone from May 16, 2011 through July 31,
2011. This temporary safety zone is not expected to have a significant
economic impact on a substantial number of small entities because
vessels and tows requiring entry into or passage through the temporary
safety zone may request permission from the Captain of the Port Morgan
City, or a designated representative. If you are a small business
entity and are significantly affected by this regulation, please
contact LT Russell Pickering, Marine Safety Unit Morgan City, at (985)
380-5334.
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 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 affect 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
[[Page 35106]]
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 which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph (34)
(g.), of the Instruction. This rule involves an emergency situation and
will be in effect for over one week, but is not expected to result in
any significant adverse environmental impact as described in NEPA.
An environmental analysis checklist and a categorical exclusion
determination will be provided and made available at the docket as
indicated in the ADDRESSES section.
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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T08-0433 is added to read as follows:
Sec. 165.T08-0433 Safety Zone; Waterway Closure, Atchafalaya River
from Mile Marker 117 (Morgan City Railroad Bridge) to Mile Marker 0
(Simmesport, LA).
(a) Location. This temporary safety zone is located on the
specified waters of the Atchafalaya River between MM 117 (Morgan City
Railroad Bridge) and MM 0 (Simmesport, LA).
(b) Effective date. This rule is effective May 16, 2011 through
July 31, 2011 and enforceable with actual notice upon signature, May
16, 2011.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Morgan City.
(2) Vessels requiring entry into or passage through the Safety Zone
must request permission from the Captain of the Port Morgan City, or a
designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at 985-380-5370.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Morgan City and designated on-scene patrol
personnel. On-scene patrol personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
Dated: May 16, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
E.M. Stanton,
Captain, U.S. Coast Guard Captain of the Port New Orleans, Louisiana.
[FR Doc. 2011-14922 Filed 6-15-11; 8:45 am]
BILLING CODE 9110-04-P