[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Rules and Regulations]
[Pages 3105-3108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00902]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0880]
RIN 1625-AAOO
Safety Zone; Houma Navigation Canal, Mile Marker 35.5 to 36.5,
and Gulf Intracoastal Waterway, Mile Marker 59.0 to 60.0, West of
Harvey Locks, Bank to Bank; Houma, Terrebonne Parish, LA
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a safety zone in the Houma
Navigation Canal, from Mile Marker 35.5 to 36.5, and in the Gulf
Intracoastal Waterway (GIWW), from Mile Marker 59.0 to 60.0, West of
Harvey Locks, bank to bank, during the completion of construction and
repair work on the HWY 661 Swing Bridge, Terrebonne Parish, LA.
Restrictions under this safety zone will be enforced intermittently as
necessary to protect persons and property from hazards associated with
the construction and repair operations on the Highway 661 Swing Bridge.
DATES: This rule is effective without actual notice January 17, 2014
through July 1, 2014. For purposes of enforcement, actual notice will
be used from the date the rule was signed, December 13, 2013 until
January 17, 2014.
Comments and related material must be received by the Coast Guard
on or before February 18, 2014.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2012-0880. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
You may submit comments, identified by docket number, using any one
of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Isaac Chavalia, U.S. Coast Guard; telephone (985)
850-6456, email [email protected]. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
GIWW Gulf Intracoastal Waterway
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed
[[Page 3106]]
postcard or envelope. We will consider all comments and material
received during the comment period and may change the rule based on
your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
As provided under the ``Public Participation and Request for
Comments'' section above, this interim rule includes a request for
comments and the Coast Guard encourages the public to participate
through the comment process. Comments received will be reviewed to
determine if this interim safety zone requires further review or
revision.
The Coast Guard is issuing this interim rule without prior notice
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 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 providing notice and making
this rule effective less than 30 days after publication in the Federal
Register. The construction and repairs on the Highway 661 Swing Bridge
have been ongoing since December 2012, for approximately one year,
during which time the Coast Guard established temporary safety zones
effective during certain construction periods. These restrictions were
enacted and rescinded through broadcast notices to mariners and marine
safety information bulletins. Local mariners and waterway users are
aware of the ongoing bridge construction and repairs and transit
through the area with restricted navigational requirements necessary to
ensure safety of navigation continues without issue.
The Coast Guard received notice of a revised and extended timeline
to complete construction and repair on the Highway 661 Swing Bridge on
November 15, 2013. The Coast Guard reviewed the revised and extended
timeline and remaining construction work to be done and determined that
additional safety measures to ensure safety of navigation remain
necessary. Based on the necessity of the work to be done and extended
construction timeline presented to the Coast Guard, immediate action is
required to establish this interim safety zone. Delaying the effective
date for this interim rule to provide a full 30 days notice through
publication in the Federal Register would be impracticable and contrary
to public interest because it would unnecessarily delay the immediate
action needed to protect persons and property from potential safety
hazards associated with construction and repair operations on the
Highway 661 Swing Bridge.
For the same reason discussed above, 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.
C. Basis and Purpose
The Coast Guard received notice on November 15, 2013 that the
construction and repair work on the Highway 661 Swing Bridge, Houma
Navigation Canal, Mile Marker 36.0, to refurbish and retrofit the
bridge to better serve the maritime commerce will continue through mid
2014. To protect the general public, vessels and tows from destruction,
loss or injury due to the hazards associated with these construction
operations in and around the waterways, the Coast Guard is establishing
this interim safety zone which will continue through July 1, 2014.
The legal basis and authorities for this rulemaking establishing a
safety zone are found in 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;
Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
establish and define regulatory safety zones.
The purpose of this safety zone is to provide additional safety
measures for persons and vessels transiting in and through a specified
area on the waterway and to protect life and property during the
construction and repair operations on the Highway 661 Swing Bridge,
Houma Navigation Canal Mile Marker 36.0. There will be numerous work
and support vessels and personnel present and associated with the
construction and repair operation. This operation poses significant
safety hazards to both vessels and mariners operating in the vicinity
of the Highway 661 Swing Bridge, Houma Navigation Canal Mile Marker
36.0.
D. Discussion of the Interim Rule
The Coast Guard is establishing an interim safety zone in the Houma
Navigation Canal, from Mile Marker 35.5 to 36.5, and in the GIWW, from
Mile Marker 59.0 to 60.0, West of Harvey Locks, bank to bank. This
safety zone is effective December 13, 2013 and will continue through
July 1, 2014.
The Captain of the Port (COTP) Morgan City or a designated
representative will inform the public through Broadcast Notice to
Mariners of schedule changes in the construction work and changes in
effective dates and times for the safety zone. At all times, vessels
and tows transiting between Houma Navigation Canal Mile Markers 35.5 to
36.5 and GIWW Mile Markers 59.0 to 60.0, West of Harvey Locks, are
required to proceed at slowest safe speed to minimize wake until
construction is completed or July 1, 2014, whichever occurs earlier.
Additionally, Houma Navigation Canal, from Mile Marker 35.5 to 36.5
will have varying restricted horizontal clearance for marine traffic
from 6:30 a.m. to 11:30 a.m. and 1:00 p.m. to 6:00 p.m., seven days a
week. To minimize waterway impact, this area will be open without
channel restrictions to marine traffic from 6:00 p.m. to 6:30 a.m. and
from 11:30 a.m. to 1:00 p.m. or until traffic clears, seven days a
week. Waterway closures, if necessary to assist in the construction and
repair process, will be made through Broadcast Notice to
[[Page 3107]]
Mariners. Deviation from this safety zone may be requested from the
COTP Morgan City or a designated representative. Deviation requests
will be considered on a case-by-case basis.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The safety zone listed in this rule will only restrict vessel
traffic during construction and repair operations and enforcement
periods are short in duration. The effect of this regulation will not
be a significant regulatory action because: (1) This rule will only
affect vessel traffic for short durations of time; (2) vessels may
request permission from the COTP to deviate from this rule; and (3) the
impacts on routine navigation are expected to be minimal due to
scheduled periods without channel restrictions and required channel
openings to clear traffic following a closure, if a closure is
necessary. Notifications to the marine community will be made through
Broadcast Notice to Mariners and Local Notice to Mariners. These
notifications will allow the public to plan operations around the
affected area and enforcement periods.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
in the affected portions of the GIWW and Houma Navigation Canal in the
vicinity of the Highway 661 Bridge, Houma Navigation Canal Mile Marker
36.0. This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
zone is limited in size, enforcement periods are of short duration and
vessel traffic may request permission from the COTP Morgan City or a
designated representative to deviate from the safety zone.
If you are a small business entity and are significantly affected
by this regulation, please contact MST1 Isaac Chavalia, Marine Safety
Unit Houma, at (985) 850-6456.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations
[[Page 3108]]
That Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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. The safety zone provides safety for the public while the
Highway 661 Swing Bridge is being refurbished. This rule is
categorically excluded from further review under paragraph (34)-(g.) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination will be made available as indicated under ADDRESSES. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
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.T08-0880 is added to read as follows:
Sec. 165.T08-0880 Safety Zone; Houma Navigation Canal, from Mile
Marker 35.5 to 36.5, and Gulf Intracoastal Waterway, from Mile Marker
59.0 to 60.0, West of Harvey Locks, bank to bank; Houma, Terrebonne
Parish, LA.
(a) Location. The following area is a safety zone: All waters of
the Houma Navigation Canal, from Mile Marker 35.5 to 36.5, and in the
Gulf Intracoastal Waterway, from Mile Marker 59.0 to 60.0, West of
Harvey Locks, bank to bank, Houma, Terrebonne Parish, LA.
(b) Effective date. This rule is effective January 17, 2014 through
July 1, 2014. For purposes of enforcement, actual notice has been used
from December 13, 2013.
(c) Periods of enforcement. This rule will be enforced with actual
notice beginning on December 13, 2013 through July 1, 2014. The Captain
of the Port (COTP) Morgan City or a designated representative will
inform the public through Broadcast Notice to Mariners of the
enforcement periods for the safety zone as well as any scheduled times
for changes in the planned schedule.
(d) 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 COTP Morgan City or a designated representative.
(2) Vessels requiring entry into or transit through the safety zone
must request permission from the COTP Morgan City, or a designated
representative. As a designated representative, the DOT 661 swing
bridge operator may be contacted on VHF Channel 13 or 71.
(3) Mariners should contact the DOT 661 swing bridge operator prior
to arrival at the safety zone for permission to enter or transit
through the safety zone.
(4) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP Morgan City or a designated
representative and pass at slowest safe speed to minimize wake.
(5) While the safety zone is in effect, there will be restricted
clearance for marine traffic on the Houma Navigation Canal, from Mile
Marker 35.5 to 36.5 from 6:30 a.m. to 11:30 a.m. and 1:00 p.m. to 6:00
p.m., seven days a week. To minimize waterway impact, this area will be
open without restriction to marine traffic from 6:00 p.m. to 6:30 a.m.
and from 11:30 a.m. to 1:00 p.m. or until traffic clears, seven days a
week.
(6) All persons and vessels shall comply with the instructions of
the COTP Morgan City and designated on-scene patrol personnel. On-scene
patrol personnel include commissioned, warrant, and petty officers of
the U.S. Coast Guard.
(e) Informational broadcasts. The COTP Morgan City or a designated
representative will inform the public through Broadcast Notice to
Mariners of the enforcement periods for the safety zone as well as any
changes in the planned schedule.
Dated: December 13, 2013.
D.G. McClellan,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2014-00902 Filed 1-16-14; 8:45 am]
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