[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Pages 19488-19490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07541]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0263]
RIN 1625-AA00
Safety Zone; Bayou Teche, Crude Oil Spill; Jeanerette, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on all
navigable waters of Bayou Teche from Jeanerette, LA to Linwood, LA.
This safety zone is necessary to protect persons, property, and
infrastructure from potential damage and safety hazards associated with
an 11,550 gallon type III crude oil spill and corresponding response
efforts. During the periods of enforcement, entry into and transiting
or anchoring within this safety zone is prohibited unless specifically
authorized by Captain of the Port (COTP) Morgan City or other
designated representative.
DATES: This rule is effective without actual notice from April 5, 2016
until April 15, 2016. The rule will be enforced until April 15, 2016,
or until emergency spill response efforts are complete, whichever
occurs earlier. For the purposes of enforcement, actual notice will be
used from March 29, 2016 until April 5, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0263 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 Lieutenant Junior Grade Vanessa Taylor, Chief of
Waterways
[[Page 19489]]
Management, U.S. Coast Guard MSU Morgan City 800 David Dr, Morgan City
LA,70380; telephone (985) 380-5334, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 emergency efforts are
required to respond to an oil spill on Bayou Teche. This spill poses an
extremely hazardous condition to the public and environment until it is
contained and cleaned up. It is impracticable to publish an NPRM
because we must establish this safety zone by March 29, 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. Delaying the effective
date of this rule would be contrary to public interest because
immediate action is needed to provide additional safety measures during
the spill cleanup to ensure safety of the public and environment.
III. Legal Authority and Need for Rule
The legal basis and authorities for this rule are found in 33
U.S.C. 1231.
The purpose of the rule is to establish the necessary temporary
safety zone to protect persons, property, and infrastructure from
potential damage and safety hazards during emergency response efforts
associated with an 11,550 gallon crude oil spill on Bayou Teche.
IV. Discussion of the Rule
This rule establishes a safety zone from March 29, 2016 through
April 15, 2016 or until emergency spill response efforts are complete,
whichever occurs earlier. The safety zone will cover all navigable
waters of Bayou Teche from Jeanerette, LA to Linwood, LA. This safety
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the pollution response and
cleanup occur. 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 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. Executive order 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 executive order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and traffic during the time-of-year of the safety
zone. The safety zone only impacts a small designated area of Bayou
Teche Waterway from Jeanerette, LA to Linwood, LA from March 29, 2016
through April 15, 2016 or until emergency spill response efforts are
complete, whichever occurs earlier. Additionally, this is a time of
year when vessel traffic is normally low. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16
informing waterway users of the safety zone and any changes in the
schedule. Finally, the rule allows vessels 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 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
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 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,
[[Page 19490]]
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 20 days that will
prohibit entry in all navigable waters of the Bayou Teche from
Jeanerette, LA to Linwood, LA. 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 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 (waters), 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; 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.T08-1121 to read as follows:
Sec. 165.T08-1121 Safety Zone; Bayou Teche, Crude Oil Spill;
Jeanerette, LA.
(a) Location. The following area is a safety zone: All waters of
Bayou Teche from Jeanerette, LA to Linwood, LA.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officers operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Morgan City in the enforcement of the safety
zones.
(c) Regulations. (1) Under the general safety zone regulations in
33 CFR part 165 subpart C, you may not enter the safety zones described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16, or through Coast Guard Marine
Safety Unit Morgan City at 985-380-5334. Those in the safety zones must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This rule will be enforced from March 29,
2016 through April 15, 2016 or until emergency spill response efforts
are complete, whichever occurs earlier.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcasts notice to
mariners of the enforcement period for the emergency safety zones as
well as any changes in the dates and times of enforcement.
Dated: March 29, 2016.
D.G. McClellan,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2016-07541 Filed 4-4-16; 8:45 am]
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