[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Rules and Regulations]
[Pages 45421-45424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19185]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0523]
RIN 1625-AAOO


Safety Zone; Houma Navigation Canal, From Waterway Mile Markers 
19.0 to 20.0, Southwest of Bayou Plat, Bank to Bank, Terrebonne Parish, 
LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Houma Navigation Canal, from Waterway Mile Markers 19.0 to 20.0, 
Southwest of Bayou Plat, bank to bank, Terrebonne Parish, Louisiana. 
This temporary safety zone is needed to protect the general public, 
vessels and tows from destruction, loss or injury due to the 
installation of flood control structures/barriers. Vessels and tows 
transiting this zone transiting the specified water are required to 
proceed at slowest safe speed to minimize wake. If necessary, entry 
into, transit through, mooring, or anchoring within the safety zone 
during time of enforcement may be prohibited unless authorized by the 
Captain of the Port, Morgan City or designated representative.

DATES: Effective Date: this rule is effective in the CFR from July 29, 
2011 until 11:59 p.m., March 14, 2013. This rule is effective with 
actual notice for purposes of enforcement beginning 12:01 a.m June 27, 
2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0523 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0523 in 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 Ensign (ENS) Nicholas Jones, Coast 
Guard; telephone 985-857-8507 ext. 232, 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 contrary 
to public interest due to the amount of notification received by the 
Coast Guard and the contractually imposed timeline for the installation 
of flood control structures/barriers. The Coast Guard received notice 
of the installation timeline in late May and promptly completed its 
required review and approval of the plan in June, leaving insufficient 
time to complete the NPRM process before the initial canal operations 
in June. Additionally, delaying the canal operations will impact L & A 
Contracting Co. requirements for delivery and

[[Page 45422]]

installation by Mar 2013. Therefore, it would be impracticable to 
publish a NPRM and immediate action is needed to protect the personnel, 
general public, vessel and tows, and mariners from hazards associated 
with the installation process.
    Under 5 U.S.C. 553(d)(3), based on the contractually imposed 
timeline and the notification received by the Coast Guard good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The installation timeline 
presented to the USCG required immediate action and a delayed effective 
date would be contrary to public interest. Delaying or rescheduling the 
installation to provide 30 days notice also is impractical because the 
contractual timelines for beginning delivery and installation of the 
canal structures/barriers are in June, 2011. By making the rule 
effective immediately upon publication and enforceable with actual 
notice upon signature, the delivery and installation of the canal 
structures/barriers can continue under the applicable contract. 
Delaying the effective date would be impracticable as immediate action 
is need to protect the personnel, general public, vessel and tows, and 
mariners from hazards associated with the installation process.

Basis and Purpose

    The Coast Guard received notice and application for the 
installation of Flood Control Structures/Barriers in the Houma 
Navigation Canal, from Waterway Mile Markers 19.0 to 20.0, southwest of 
Bayou Plat, Terrebonne Parish, LA. These structures/barriers are part 
of a plan to implement storm surge protection identified as Reach F and 
Segment 1 of Reach G of the Morganza to the Gulf hurricane protection 
system. The installation of the Flood Control Structures/Barriers 
requires the staging of equipment along the banks of the Houma 
Navigation Canal. To protect the general public, vessels and tows from 
destruction, loss or injury due to the installation, the Coast Guard is 
establishing a temporary safety zone which will continue through March 
14, 2013. Vessels and tows transiting this zone will proceed at slowest 
safe speed to minimize wake.

Discussion of Rule

    The Coast Guard is establishing a temporary Safety Zone in the 
Houma Navigation Canal, from Waterway Mile Markers 19.0 to 20.0, 
Southwest of Bayou Plat, bank to bank, Terrebonne Parish, LA. The 
temporary safety zone will continue through 11:59 p.m., March 14, 2013. 
Vessels and tows transiting this zone will proceed at slowest safe 
speed to minimize wake. All work on the project is scheduled to be 
complete by March 14, 2013.
    The installation of the Flood Control Structures/Barriers requires 
the staging of equipment along the banks of the Houma Navigation Canal. 
The sequence of construction must allow a minimum of 125 feet for 
navigation to be open continuously as coordinated and approved by the 
U.S. Coast Guard and local industry.
    The installation process will involve the following activities 
which are estimated to occur as scheduled, but Broadcast Notice to 
Mariners and Local Notice to Mariners will be used to inform the public 
of the safety zone enforcement periods as the project progresses.
    Beginning on June 27, 2011, between Houma Navigation Canal Mile 
Markers 19.0 to 20.0, slowest safe speed to minimize wake will be 
required by all mariners transiting the zone until installation is 
completed on March 14, 2013.
    During the installation, any anticipated waterway closures, if 
necessary to assist in the installation process, will be made through 
Broadcast Notice to Mariners and Local Notice to Mariners. During a 
closure, vessels and tows may request permission and the necessary 
restrictions from the Captain of the Port Morgan City, or a designated 
representative, for passage through the Safety Zone. During a closure, 
passage through the safety zone will be evaluated on a case-by-case 
basis.
    Mariners should exercise extreme caution when transiting through 
the construction site and pass at slowest safe speed to minimize wake.

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.
    This rule will only require mariners to proceed at the slowest safe 
speed to minimize wake while transiting the safety zone and any 
waterways closures needed to assist in the installation will be made 
through Broadcast Notice to Mariners and Local Notice to Mariners. 
Passage during a closure may be requested and will be considered on a 
case-by-case basis. The impacts on routine navigation are expected to 
be minimal.

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 June 27, 2011 through March 14, 2013. 
This safety zone will not have a significant economic impact on a 
substantial number of small entities because the slowest safe speed to 
minimize wake is the only requirement through March 14, 2013. Any 
waterway closures, if necessary to assist in the installation process, 
will be made through Broadcast Notice to Mariners and Local Notice to 
Mariners. Passage during a closure may be requested and will be 
considered on a case-by-case basis.
    If you are a small business entity and are significantly affected 
by this regulation, please contact ENS Nicholas Jones, Marine Safety 
Unit Houma, at (985) 857-8507 ext. 232.

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

[[Page 45423]]

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 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 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 establishes a temporary safety 
zone to protect the public from the dangers associated with 
construction activity.
    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.T11-0523 is added to read as follows:


Sec.  165.T11-0523  Safety Zone; Houma Navigation Canal, From Waterway 
Mile Markers 19.0 to 20.0, Southwest of Bayou Plat, Bank to Bank, 
Terrebonne Parish, LA.

    (a) Location. Houma Navigation Canal, from Waterway Mile Markers 
19.0 to 20.0, Southwest of Bayou Plat, bank to bank, Terrebonne Parish, 
Louisiana.
    (b) Effective date. This rule is effective June 27, 2011, through 
March 14, 2013.
    (c) Periods of Enforcement. This rule will be enforced upon 
signature through March 14, 2013. The Captain of the Port Morgan City 
or a designated representative will inform the public through Broadcast 
Notice to Mariners of the enforcement period for the safety zone as 
well as any changes in the planned schedule.
    (d) Regulations. (1) In accordance with the general regulations in 
33 CFR part 165, subpart C, entry into this zone should be at slowest 
safe speed to minimize wake unless authorized by the Captain of the 
Port Morgan City.
    (2) Mariners shall transit through the construction site and pass 
at slowest safe speed to minimize wake.
    (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.
    (4) Any anticipated waterway closures will be made through 
Broadcast Notice to Mariners and Local Notice to

[[Page 45424]]

Mariners. During a closure, 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 and passage will be 
considered on a case-by-case basis. They may be contacted on VHF 
Channel 11, 13, or 16, or by telephone at (985) 380-5370.

    Dated: June 21, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2011-19185 Filed 7-28-11; 8:45 am]
BILLING CODE 9110-04-P