[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47027-47029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17035]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0650]
RIN 1625-AA00
Safety Zone; Houma Navigation Canal Miles 23 to 23.5, Dulac, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters surface to bottom, of the Houma Navigation Canal
from mile marker 23 to 23.5. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by replacement work of the Falgout Canal Pontoon Bridge. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Morgan City or a designated
representative.
DATES: This rule is effective without actual notice from 7:00 a.m.
until 7:00 p.m. daily from July 20, 2016 through July 27, 2016. For the
purposes of enforcement, actual notice will be used from 7:00 a.m.
until 7:00 p.m. daily from July 7, 2016 through July 20, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0650 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,
contact MSTC Justin Helton, Marine Safety Unit Houma, U.S. Coast Guard;
telephone 985-850-6457, email [email protected].
[[Page 47028]]
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
MM Mile Marker
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 the Coast Guard did not receive
notice of the bridge repairs until June 21, 2016. Completing the NPRM
process would delay the immediate action needed to protect the public
from hazards associated with the Falgout Canal Pontoon Bridge
replacement. It is impracticable to publish an NPRM because we must
establish this safety zone by July 7, 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. Providing 30 days
notice for this occurrence would unnecessarily delay the effective date
and would be impracticable based on the limited time frame, as well as
be contrary to public interest because immediate action is needed to
respond to the potential safety hazards associated with the replacement
of the Falgout Canal Pontoon Bridge.
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 Morgan City (COTP) has determined that
potential hazards associated with the Falgout Canal Pontoon Bridge
replacement between 7:00 a.m. and 7:00 p.m. from July 7 through July
27, 2016 will be a safety concern for anyone within the area extending
from MM 23 to 23.5 of the Houma Navigation Canal. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the Falgout Canal Pontoon
Bridge is being replaced.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:00 a.m. until 7:00 p.m.
from July 7 through July 27, 2016. The safety zone will cover all
navigable waters, surface to bottom, of the Houma Navigation Canal from
MM 23 to 23.5. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the Falgout Canal Pontoon Bridge is being repaired. 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 specific times of enforcement for the temporary
safety zone. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters while the
Falgout Canal Pontoon Bridge is being replaced. This temporary safety
zone will be enforced during specific times during daylight hours for
bridge replacement operations only, and limits access to a small area
on the waterway covering one-half mile. Vessels will be able to request
passage through area from the COTP. Additionally, there will be a break
in operation allowing any build up of traffic to pass on a once daily
basis.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and 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).
[[Page 47029]]
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, 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 an 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, during daylight hours, lasting less than
13 hours per day for 21 days that will prohibit entry into or transit
within MM 23 to 23.5 of the Houma Navigation Canal. 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 (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; 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.T08-0650 to read as follows:
Sec. 165.T08-0650 Safety zone; Houma Navigation Canal between mile 23
to 23.5, Dulac, LA.
(a) Location. The following area is a temporary safety zone: All
waters of the Houma Navigation Canal, surface to bottom, between mile
23 and mile 23.5, Dulac, LA.
(b) Enforcement period. This safety zone will be enforced from 7:00
a.m. until 7:00 p.m. daily from July 7 through July 27, 2016.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless specifically
authorized by the Captain of the Port Morgan City (COTP) or designated
personnel. Persons or vessels desiring to enter into or pass through
the zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM radio channel 13 and 16
or phone at 504-343-7928.
(2) Persons and vessels permitted to deviate from this safety zone
regulation and enter the restricted area must transit at the slowest
safe speed and comply with all lawful directions issued by the COTP or
the designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the temporary safety zone as
well as any changes in the planned schedule.
Dated: July 1, 2016.
B.E. Welborn,
Captain, U.S. Coast Guard, Captain of the Port Morgan City.
[FR Doc. 2016-17035 Filed 7-19-16; 8:45 am]
BILLING CODE 9110-04-P