[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36314-36316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15583]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0434]
RIN 1625-AA00


Safety Zone; Mile Marker 98.5 West of Harvey Lock Gulf 
Intracoastal Waterway to Mile Marker 108.5 West of Harvey Lock Gulf 
Intracoastal Waterway

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
imposing restrictions on the Gulf Intracoastal Waterway (GIWW) between 
West Harvey Lock Gulf West (WHL) mile marker 98.5 to 108.5. All vessels 
are prohibited from transiting the zone except as specifically 
authorized by the Captain of the Port or a designated representative. 
This temporary safety zone is needed to protect the general public, 
levee system, vessels and tows from destruction, loss or injury due to 
hazards associated with rising flood water.

DATES: Effective Date: This rule is effective in the CFR from June 22, 
2011 until 11:59 p.m. July 31, 2011. This rule is effective with actual 
notice for purposes of enforcement beginning 12:01 a.m. May 26, 2011 
through 11:59 p.m. July 31, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0434 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0434 the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant (LT) Russell Pickering, Coast 
Guard; telephone 985-380-5334, e-mail [email protected]. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 publishing a NPRM would be 
impracticable since immediate action is needed to protect the general 
public, levee system, vessels and tows from the hazards associated with 
rising flood water.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Providing 30 days notice and 
delaying its effective date would be impracticable since immediate 
action is needed to protect the general public, levee system, vessels 
and tows from destruction, loss or injury due to the hazards associated 
with rising flood water.

Basis and Purpose

    Captain of the Port Morgan City, Louisiana has determined that 
there is a need to impose temporary safety restrictions for navigation 
on certain waterways due to unprecedented high water in conjunction 
with flood control and protection operations by the Army Corps of 
Engineers.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone imposing 
restrictions on the Gulf Intracoastal Waterway (GIWW) between West 
Harvey Lock Gulf West (WHL) mile markers (MM) 98.5 to 108.5 applicable 
to all commercial traffic. This will affect all East-West traffic 
through Morgan City on the GIWW. Vessels and tows may not enter this 
zone unless authorized by the Captains of the Port Morgan City.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    Although this regulation will restrict access to the area, the 
effect of the rule will not be significant because notifications to the 
marine community will be made through broadcast notice to mariners, 
Local Notice to Mariners and Marine Safety Information Bulletins. 
Vessels and tows may request permission and comply with the necessary 
restrictions from the Captain of the Port Morgan City, or a designated 
representative, for passage through the temporary safety zone. Passage 
through the safety zone will be evaluated on a case-by-case-basis to 
minimize impact and protect the general public, levee system, vessels 
and tows from destruction, loss or injury due to the hazards associated 
with rising flood water.

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 the safety zone from May 26, 2011 through July 31, 
2011. This safety zone is not expected to have a significant economic 
impact on a substantial number of small entities because vessels and 
tows may request permission and the necessary restrictions from the 
Captain of the Port Morgan City, or a designated

[[Page 36315]]

representative, for passage through the temporary safety zone.
    If you are a small business entity and are significantly affected 
by this regulation, please contact LT Russell Pickering, Marine Safety 
Unit Morgan City, at (985) 380-5334.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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). 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.

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves an emergency situation 
and will be in effect for over one week, but is not expected to result 
in any significant adverse environmental impact as described in NEPA.
    An environmental analysis checklist and a categorical exclusion 
determination will be provided and made available at the docket as 
indicated in the ADDRESSES section.

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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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. A new temporary Sec.  165.T08-0434 is added to read as follows:


Sec.  165.T08-0434  Safety Zone; Mile Marker 98.5 West of Harvey Lock 
Gulf Intracoastal Waterway to Mile Marker 108.5 West of Harvey Lock 
Gulf Intracoastal Waterway

    (a) Location. Waters of the Gulf Intracoastal Waterway (GIWW) 
between West Harvey Lock Gulf West (WHL) MM 98.5 to MM 108.5.

[[Page 36316]]

    (b) Effective date. This rule is effective May 26, 2011 through 
July 31, 2011 and enforceable with actual notice upon signature, May 
26, 2011.
    (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) Vessels requiring entry into or passage through the Safety Zone 
must request permission from the Captain of the Port Morgan City, or a 
designated representative. They may be contacted on VHF Channel 11, 13 
or 16, or by telephone at (985) 380-5370.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Morgan City and designated on-scene patrol 
personnel. On-scene patrol personnel include commissioned, warrant, and 
petty officers of the U.S. Coast Guard.

    Dated: May 26, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2011-15583 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-04-P