[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Rules and Regulations]
[Pages 3609-3611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1536]



[[Page 3609]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1128]
RIN 1625-AA00


Safety Zone; Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile 
Marker 35.5, Larose, Lafourche Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the specified waters of the Gulf Intracoastal Waterway, Larose, 
Lafourche 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 a new sheetpile floodwall on the 
waterward side of the existing Larose floodwall and construction of a 
new rip-rap barge impact barrier on the Gulf Intracoastal Waterway side 
of the new floodwall.

DATES: This rule is effective January 25, 2012 through 11:59 p.m. June 
30, 2012. This rule is enforceable with actual notice beginning 12:01 
a.m. December 12, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1128 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1128 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 email Ensign (ENS) Nicholas Jones, Coast Guard; 
telephone (985) 857-8507 ext. 232, email [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. The Coast Guard received notice of the 
timeline for this project on December 2, 2011. This floodwall 
construction and repair project is necessary for flood protections; 
therefore, the Coast Guard determined that immediate action is needed 
to protect the personnel, general public, vessel and tows, and mariners 
from hazards associated with the floodwall repair and construction 
process. Publishing a NPRM would unnecessarily delay the effective date 
for this rule which would be contrary to the public interest. Delaying 
this project for the NPRM process would also interfere with the 
contractually imposed timeline for repair of the floodwall.
    Under 5 U.S.C. 553(d)(3), good cause exists for not providing 30 
days notice for this rulemaking. The Coast Guard received notice of the 
timeline for this project on December 2, 2011. Based on the necessity 
of this floodwall repair and construction project and the repair and 
construction timeline presented to the Coast Guard, immediate action is 
required. Delaying the effective date would be contrary to public 
interest. Delaying or rescheduling the construction and repair to 
provide 30 days notice also is impracticable because of the dates the 
construction barges may be deployed to the project site. By making the 
rule effective immediately upon publication and enforceable with actual 
notice on December 12, 2011, the construction and repair of the 
floodwall can continue under the applicable contract.

Basis and Purpose

    The US Army Corps of Engineers contracted installation of a new 
sheetpile floodwall on the waterward side of the existing Larose 
Floodwall and construction of a new rip-rap barge impact barrier on the 
waterward side of the new floodwall that will extend approximately 20-
45 feet from the existing wall into the Gulf Intracoastal Waterway, 
Mile Markers 35.2-35.5, west of Harvey Locks.

Discussion of Rule

    The Coast Guard is establishing a temporary Safety Zone in the Gulf 
Intracoastal Waterway, Mile Marker 35.2-35.5, bank to bank, West of 
Harvey locks, Larose, Lafourche Parish, Louisiana. The temporary safety 
zone will continue through June 30, 2012. Vessels and tows shall 
transit at slowest safe speed to minimize wake and, after leaving the 
slowest safe speed zone, proceed with caution to minimize interference 
with construction activities. All work on the project is scheduled to 
be complete by June 30, 2012.
    Beginning December 12, 2011 thru June 30, 2012 two barges will be 
staged on the south side of the waterway at all times but will remain 
clear of the main channel limit. Notices to Mariners, regarding channel 
restrictions and closures, will be updated as the project progresses 
and as the information becomes available. Mariners can contact the 
contractor via VHF-FM channel 69. Mariners shall transit at their 
slowest safe speed to minimize wake and proceed with caution while 
passing through the construction area.

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, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    This rule creates a safety zone implementing slowest safe speed to 
minimize wake. Vessels will be allowed to enter and transit through the 
area. Advance notifications to the marine community regarding this 
safety zone and any restrictions or closures related to the floodwall 
repair and construction project will be made through Broadcast Notice 
to Mariners and Local Notice to Mariners. 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

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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 through June 30, 2012. 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 a short 
period of time.
    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 (Public Law 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 (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.

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 will be in effect until June 30, 
2012, 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;

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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.T08-1128 is added to read as follows:


Sec.  165.T08-1128  Safety Zone; Gulf Intracoastal Waterway, Mile 
Marker 35.2 to Mile Marker 35.5, Larose, Lafourche Parish, LA.

    (a) Location. Gulf Intracoastal Waterway, Mile Marker 35.2-35.5, 
West of Harvey Locks, bank to bank, Lafourche Parish, Larose, 
Louisiana.
    (b) Effective date. This rule is effective from 12:01 a.m. December 
12, 2011 through 11:59 p.m. June 30, 2012.
    (c) Periods of Enforcement. This rule will be enforced from 12:01 
a.m. December 12, 2011 through 11:59 p.m. June 30, 2012. 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 
Sec.  165.23 of this part, entry into this zone should be at slowest 
safe speed to minimize wake through the duration of this rule. During 
waterway closures entry into this zone is prohibited unless authorized 
by the Captain of the Port Morgan City.
    (2) Mariners shall transit from Mile Marker 35.2 to Mile Marker 
35.5 and pass at slowest safe speed to minimize wake.
    (3) Mariners should contact the attendant tug, the M/V YAYA on VHF-
FM Channel 69 prior to arrival at the construction site for information 
regarding available horizontal clearance and passing instructions.
    (4) 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.
    (5) Advance notification of any anticipated waterway closures will 
be made through Broadcast Notice to Mariners and Local Notice to 
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: December 8, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2012-1536 Filed 1-24-12; 8:45 am]
BILLING CODE 9110-04-P