[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Rules and Regulations]
[Pages 11-13]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33072]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG 2015-1086]
RIN 1625-AA00
Safety Zone; Intracoastal Waterway; Lake Charles, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Intracoastal Waterway (ICW) extending 100-yards east
and west of ICW Mile Marker 244.5 located at position 30[deg]03'38'' N.
093[deg]22'19'' W. (NAD 83) in Lake Charles, Louisiana. This safety
zone is necessary to protect personnel, vessels, and the marine
environment from hazards created by high power electrical line
installation operations via helicopter over the Intracoastal Waterway.
Entry of vessels or persons into this safety zone is prohibited unless
specifically authorized by the Captain of the Port, Port Arthur.
DATES: This rule is effective from 7 a.m. on January 4, 2016 through 6
p.m. on January 14, 2016. This rule will be enforced when personnel and
equipment are on scene and conducting working on electrical lines.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1086 in the ``SEARCH'' box and click ``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 MST1 Walt Goggans, Marine Safety Unit Lake Charles, U.S.
Coast Guard; telephone 337-491-7883, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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 immediate action is needed to protect
vessels and mariners from the hazards associated with electrical line
installation operations over the Intracoastal Waterway. The Coast Guard
was not notified of the impending electrical line installation by
ENTERGY until approximately three weeks prior to the date of the
planned installation. After review of the details, the Coast Guard
determined action is needed to protect vessels and mariners from the
potential hazards created by the electrical line installation. It is
impracticable to publish an NPRM because we must establish this safety
zone by January 4, 2016.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. The Coast Guard
received less than 30-day's notice that ENTERGY set the electrical line
installation date for January 4, 2016 through January 14, 2016.
Delaying the effective date of this rule would be contrary to public
interest because immediate action is needed to respond to the potential
safety hazards associated with electrical line installation operations
over the Intracoastal Waterway. The Coast Guard will notify the public
and maritime community that the safety zone will be in effect and of
its enforcement periods via broadcast notices to mariners (BNM) and
will be published in the Local Notice to Mariners (LNM).
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port, Port Arthur (COTP) has determined that
the hazards associated with high power line installations beginning
January 4, 2016
[[Page 12]]
through January 14, 2016 will be a safety concern for anyone within a
100-yard radius of helicopter cable installation operations. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while high power cable
installation operations occur.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. on January 4, 2016
through 6 p.m. on January 14, 2016. The safety zone will cover all
navigable waters, shoreline to shoreline, extending 100-yards to either
side of helicopter high power cable installation operations and
machinery being used by personnel to install the high power cables. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the electrical lines
are being installed. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, and duration of the safety zone. This rule will only be
enforced for short periods when the channel is obstructed or cable
installation operations over Intracoastal Waterway pose hazards to
mariners. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessel to seek permission to enter the zone.
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
vessel owners or operators.
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
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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 lasting less than 10 days that will
prohibit entry within 100-yards of vessels and machinery being used for
high power cable installation. It 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 are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the
[[Page 13]]
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, and 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-1086 to read as follows:
Sec. 165.T08-1086 Safety Zone; Intracoastal Waterway; Lake Charles,
LA.
(a) Location. The following area is a safety zone: all waters of
the Intracoastal Waterway (ICW) extending 100-yards east and west of
ICW Mile Marker 244.5 located at position 30[deg]03'38'' N.
093[deg]22'19'' W., Lake Charles, Louisiana. The coordinates are based
on (NAD 83).
(b) Effective periods. This rule is effective from 7 a.m. on
January 4, 2016 through 6 p.m. on January 14, 2016. This rule will be
enforced when personnel and equipment are on scene and conducting
working on electrical lines.
(c) Regulations. (1) Under the general safety zone regulations in
Sec. 165.23 of this part, entry into this zone is prohibited to all
vessels except those vessels specifically authorized by the Captain of
the Port, Port Arthur or a designated representative.
(2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port, Port Arthur, or a
designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at (337) 912-0073.
(3) All persons and vessels shall comply with the lawful orders or
directions given to them by the Captain of the Port, Port Arthur or the
Captain of the Port's designated representative. On-scene U.S. Coast
Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(d) Information broadcasts. The Coast Guard will inform the public
through broadcast notices to mariners of the enforcement periods for
the safety zone as well as any changes in the schedule.
Dated: December 15, 2015.
R.S. Ogrydziak,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur, Texas.
[FR Doc. 2015-33072 Filed 12-31-15; 8:45 am]
BILLING CODE 9110-04-P