[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Rules and Regulations]
[Pages 60589-60590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24445]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Morgan City-02-004]
RIN 2115--AA97


Safety Zone; Gulf Intracoastal Waterway Mile 134.0, Cypremort 
Point, LA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 100 
feet east and west of the Louisa Bridge on the Gulf Intracoastal 
Waterway, mile 134.0. This safety zone is needed to protect persons and 
vessels from the potential safety hazards associated with construction 
of the new Louisa Bridge in Cypremort Point, Louisiana. Entry into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Morgan City, or his designated representative.

DATES: This rule is effective from 6 a.m. on August 27, 2002 until 11 
a.m. on November 7, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP Morgan City-02-004] and are 
available for inspection or copying at Marine Safety Office Morgan 
City, 800 David Drive, Morgan City, Louisiana, 70380 between 8 a.m. and 
4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) John 
Hahn, Marine Safety Office Morgan City, at (985) 380-5377.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3), good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Information was made available to 
the Coast Guard in insufficient time to publish an NPRM or for 
publication in the Federal Register 30 days prior to the event. 
Publishing an NPRM and delaying its effective date would be contrary to 
public interest since immediate action is needed to protect vessels and 
mariners from the hazards associated with construction of the new 
bridge.

Background and Purpose

    The Captain of the Port Morgan City is establishing a temporary 
safety zone extending the entire width of the waterway from 100 feet 
east of the existing Louisa Bridge to 100 feet west of the bridge. The 
bridge is located at mile 134.0 of the Gulf Intracoastal Waterway. The 
Louisiana Department of Transportation and Development is constructing 
a new Louisa Bridge adjacent to the existing bridge. This construction 
project includes laying concrete foundations for the new bridge. The 
safety zone will be enforced on Tuesdays or, in the alternative, 
Thursdays from 6 a.m. to 11 a.m. while the concrete is being laid. 
Thursdays will be utilized as make up days if Tuesday operations are 
cancelled due to weather. The safety zone is needed to protect persons 
and vessels from the potential safety hazards associated with 
construction. Entry into this zone is prohibited to all vessels unless 
authorized by the Captain of the Port Morgan City, or his designated 
representative.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies procedures of DOT is unnecessary. This rule will 
only be in effect for a short period of time and notifications to the 
marine community will be made through broadcast notice to mariners. The 
impacts on routine navigation are expected to be minimal as the zone 
will only be enforced for a five-hour period each week on Tuesdays or 
on Thursdays if that Tuesday's operations were cancelled due to 
inclement weather. Mariners will be updated as to the status of the 
zone via broadcast notice to mariners.

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 for the reasons enumerated under the Regulatory Evaluation 
above.
    If you are a small business entity and are significantly affected 
by this rule please contact LTJG John Hahn, Marine Safety Office Morgan 
City, at (985) 380-5377.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so they could 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).

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.

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Though this rule will not result in such an expenditure, we 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 likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34) (g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available for inspection or copying where indicated under ADDRESSES.

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

    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(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.


    2. A new temporary Sec.  165.T08-099 is added to read as follows:


Sec.  165.T08-099  Safety Zone; Gulf Intracoastal Waterway, Cypremort 
Point, Louisiana.

    (a) Location. The following area is a safety zone: All waters 
extending the entire width of the waterway from 100 feet east and west 
of the existing Louisa Bridge, Gulf Intracoastal Waterway, Mile 134, 
Cypremort Point, Louisiana.
    (b) Enforcement period. This section is effective from 6 a.m. on 
August 27, 2002 to 11 a.m. November 7, 2002. This section will be 
enforced every Tuesday or, in the event Tuesday's operations are 
cancelled due to weather, Thursday from 6 a.m. to 11 a.m. beginning 
August 27, 2002 and ending on November 7, 2002.
    (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) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Morgan City, 
or his designated representative. They may be contacted via VHF Channel 
13 or 16, or via telephone at (985) 380-5377.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Morgan City and designated on-scene U.S. Coast 
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard.

    Dated: August 20, 2002.
S.P. Garrity,
Captain, U.S. Coast Guard, Captain of the Port Morgan City.
[FR Doc. 02-24445 Filed 9-25-02; 8:45 am]
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