[Federal Register Volume 68, Number 248 (Monday, December 29, 2003)]
[Rules and Regulations]
[Pages 74861-74863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31893]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Morgan City-03-011]
RIN 1625-AA00


Safety Zone; Gulf Intracoastal Waterway, Mile 134 West of the 
Harvey Locks, Louisa, LA

AGENCY: Coast Guard, DHS.

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 (GIWW), mile 134 West of the Harvey Locks (WHL), extending the 
entire width of the waterway. This safety zone is needed to protect 
persons and vessels from the potential safety hazards associated with 
erecting the north bascule leaf tow section of the new Louisa Bridge. 
Entry 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 from 7 a.m. CDT on January 19, 2004, 
until 5 p.m. CDT on January 23, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Morgan City-03-011] and are 
available for inspection or copying at Marine Safety Office Morgan 
City, 800 David Drive, Morgan City, Louisiana 70380, between 8 a.m. CDT 
and 4 p.m. CDT, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT (Lieutenant) Norm Witt, Marine 
Safety Office Morgan City, at (985) 380-5320.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. 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. Publishing an NPRM and 
delaying this rule's effective date would be contrary to public 
interest since immediate action is needed to protect vessels and 
mariners from the hazards associated with the construction of the new 
bridge.

Background and Purpose

    The Louisiana Department of Transportation and Development will be 
erecting the north bascule leaf tow section of the new Louisa Bridge. 
The bridge will be in the closed-to-navigation position during that 
time. Vessel traffic must remain 100 feet east or west of the bridge 
from 7 a.m. to 5 p.m. each day, from January 19-23, 2004, to avoid 
potential hazards while construction is being conducted. Entry into 
this zone is prohibited to all vessels unless authorized by the Captain 
of the Port Morgan City, or a designated representative.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone 100 feet 
east and west of the Louisa Bridge on the Gulf Intracoastal Waterway 
(GIWW), mile 134 West of the Harvey Locks (WHL), extending the entire 
width of the waterway. Entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Morgan City, or a 
designated representative.
    This rule is effective from 7 a.m. CDT on January 19, 2004, until 5 
p.m. CDT on January 23, 2004. This rule will only be enforced from 7 
a.m. until 5 p.m. CDT each day that it is effective. During non-
enforcement hours, all traffic will be allowed to transit through the 
zone. Vessels desiring to transit through the zone during enforcement 
hours must request permission to do so from the Captain of the Port 
Morgan City, or a designated representative. The Captain of the Port 
Morgan City will inform the public via broadcast notice to mariners

[[Page 74862]]

of the enforcement periods for the safety zone.

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 Homeland 
Security (DHS).
    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. Although this rule is effective for a period of five days, 
it will only be enforced for a period of ten hours each day. Vessels 
desiring to transit through the zone during enforcement hours must 
request permission to do so from the Captain of the Port Morgan City, 
or a designated representative. During non-enforcement hours, all 
traffic will be allowed to transit through the zone.

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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit through within 100 feet east or west of the Louisa 
Bridge, located on the GIWW at mile 134 WHL, from 7 a.m. CDT on January 
19, 2004 until 5 p.m. CDT on January 23, 2004. This safety zone will 
not have a significant economic impact on a substantial number of small 
entities because this rule will be in effect for only five days, and 
will only be enforced for a period of 10 hours each day. During non-
enforcement hours, all traffic will be allowed to transit through the 
zone.
    If you are a small business entity and are significantly affected 
by this regulation, please contact LT Norm Witt, Marine Safety Office 
Morgan City, at (985) 380-5320.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because this rule is not expected to result 
in any significant adverse environmental impact as described in NEPA.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental

[[Page 74863]]

Analysis Check List'' and a ``Categorical Exclusion Determination'' are 
not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (Water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. Add temporary Sec.  165.T08-153 to read as follows: Sec.  165.T08-
153 Safety Zone; 100 Feet East and West of the Louisa Bridge, Gulf 
Intracoastal Waterway, Mile 134 West of the Harvey Locks, Louisa, LA.
    (a) Location. The following area is a temporary safety zone: all 
waters within 100 feet east and west of the Louisa Bridge located on 
the Gulf Intracoastal Waterway at mile 134 West of the Harvey Locks, 
Louisa, Louisiana.
    (b) Effective Date. This rule is effective from 7 a.m. CDT on 
January 19, 2004, until 5 p.m. CDT on January 23, 2004.
    (c) Periods of Enforcement. The safety zone in this section will be 
enforced from 7 a.m. until 5 p.m. CDT each day of the effective period.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into the zone established in this 
section is prohibited unless authorized by the Captain of the Port 
Morgan City.
    (2) Vessels requiring entry into or passage through the safety zone 
established in this section must request permission from the Captain of 
the Port Morgan City, or a designated representative. They may be 
contacted on VHF Channel 13 or 16, or by telephone at (985) 380-5320.
    (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 are 
commissioned, warrant, and petty officers of the U.S. Coast Guard.

    Dated: November 17, 2003.
S.P. Garrity,
Captain, U.S. Coast Guard, Captain of the Port Morgan City.
[FR Doc. 03-31893 Filed 12-24-03; 8:45 am]
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