[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Rules and Regulations]
[Pages 46287-46289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19009]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0634]
RIN 1625-AAOO


Safety Zone; Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile 
Marker 35.5, West of Harvey Locks, Bank to Bank, Lafourche Parish, 
Larose, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is re-establishing a temporary safety zone in 
the Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile Marker 35.5, 
west of Harvey Locks, bank to bank, Larose, Lafourche Parish, LA. This 
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 August 3, 2012 through January 1, 2013. 
This rule is enforceable with actual notice on July 1, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0634]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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. This rule re-establishes a safety zone 
necessary to protect life and property from hazards associated with the 
ongoing floodwall repair and construction project. The Coast Guard 
established the initial safety zone for this project in a Temporary 
Final Rule on January 25, 2012 at docket USCG-2011-1128 (77 FR 3609) to 
be enforced through June 30, 2012. The floodwall repair and 
construction project are still ongoing and this safety zone is needed 
immediately to ensure there is no gap in providing the necessary safety 
measures to protect personnel, general public, vessel and tows, and 
mariners from hazards associated with the ongoing 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.
    For the same reasons, 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. Delaying the 
effective date for this temporary rule to provide a full 30 days notice 
is contrary to protect persons and vessels from potential safety 
hazards associated with the floodwall repair and construction project.

B. Basis and Purpose

    The Coast Guard is reestablishing the safety zone in the Gulf 
Intracoastal Waterway, Mile Marker 35.2 to Mile Marker 35.5, bank to 
bank, West of Harvey Locks. The U.S. 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. This 
construction and repair project is

[[Page 46288]]

now scheduled to continue through January 1, 2013.
    The Coast Guard determined that reestablishing the temporary safety 
zone is needed during these operations. The legal basis and authorities 
for this rulemaking establishing a safety zone are found in 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; Public Law 107-295, 116 Stat. 2064; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    The purpose of this safety zone is to protect life and property 
during the continued construction of the floodwall in Larose in the 
vicinity of GIWW Mile Marker 35.2 to Mile Marker 35.5. This 
construction project poses significant safety hazards to both vessels 
and mariners operating in the vicinity of GIWW Mile Maker 35.2 to Mile 
Marker 35.5.

C. Discussion of Rule

    The Coast Guard is reestablishing a temporary Safety Zone in the 
Gulf Intracoastal Waterway, Mile Marker 35.2-35.5, bank to bank, West 
of Harvey locks. The temporary Safety Zone will continue through 
January 1, 2013. 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 January 1, 
2013.
    Continuing through January 1, 2013, two barges will be staged on 
the south side of the waterway at all times but will remain clear of 
the main channel limit. The COTP Morgan City or a designated 
representative will inform the public through Broadcast Notice to 
Mariners of changes in the effective and enforcement periods for the 
safety zone. This rule is enforceable with actual notice on July 1, 
2012. 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.
    Charts: 11355.

D. Regulatory Analyses

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

1. 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 Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under that Order.
    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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 January 1, 2013. This Safety Zone will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons: The zone is limited in size, is of 
short duration and vessel traffic are allowed to transit through the 
safety zone at slowest safe speed.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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

[[Page 46289]]

Interference with Constitutionally Protected Property Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 January 1, 
2013, 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.T08-0634 is added to read as follows:


Sec.  165.T08-0634  Safety Zone; Gulf Intracoastal Waterway, Mile 
Marker 35.2-35.5, West of Harvey Locks, bank to bank, Lafourche Parish, 
Larose, LA.

    (a) Location. Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile 
Marker 35.5, West of Harvey Locks, bank to bank, Lafourche Parish, 
Larose, LA.
    (b) Effective date. This rule is effective August 3, 2012 through 
January 1, 2013 and enforceable with actual notice on July 1, 2012.
    (c) Periods of Enforcement. This rule will be enforced July 1, 2012 
thru January 1, 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 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 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: June 29, 2012.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2012-19009 Filed 8-2-12; 8:45 am]
BILLING CODE 9110-04-P