[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Rules and Regulations]
[Pages 59049-59052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24827]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0886]
RIN 1625-AA00


Safety Zone; West Larose Vertical Lift Bridge; Houma, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone 
extending 400 yards east and west of the West Larose Vertical Lift 
Bridge in Bayou Lafourche, LA. This safety zone is necessary to protect 
persons, property, and infrastructure from potential damage and safety 
hazards associated with construction work on the bridge. During the 
periods of enforcement, entry into and transiting or anchoring within 
this safety zone is prohibited unless specifically authorized by 
Captain of the Port (COTP) Morgan City or other designated 
representative.

DATES: This rule is effective without actual notice from October 1, 
2015 through 3 p.m. on October 2, 2015. For the purposes of 
enforcement, actual notice will be used from 6 a.m. to 8 a.m.

[[Page 59050]]

and from 1 p.m. to 3 p.m. on September 28, 2015, until October 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0886]. 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 rule, 
call or email Lieutenant Junior Grade Vanessa Taylor, Chief of 
Waterways Management, U.S. Coast Guard MSU Morgan City 800 David Dr, 
Morgan City LA,70380; telephone (985) 380-5334, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 1-800-647-5527.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
MSU Marine Safety Unit

A. Regulatory History and Information

    The Coast Guard is issuing this 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 doing so would be impracticable, 
unnecessary, and contrary to the public interest. An NPRM is 
impracticable and contrary to the public interest because the Coast 
Guard was only notified of the construction on September 08, 2015 and 
the work is scheduled to occur from September 28, 2015 through October 
2, 2015. Providing a full NPRM process would delay the effectiveness 
the temporary safety zone until after the bridge construction project 
has been completed and immediate action is needed to protect vessels 
and the public from the safety hazards associated with bridge 
construction over a public waterway. Furthermore, an NPRM is 
unnecessary because the Coast Guard will inform the public through 
Broadcast Notice to Mariners, Local Notice to Mariners, and/or Safety 
Marine Information Broadcasts of the enforcement period for the safety 
zone as well as any changes in the planned and published dates and 
times of enforcement.
    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 
effectiveness of the rule is impracticable and contrary to the public 
interest because the Coast Guard was only notified of the construction 
on September 08, 2015 and the work is scheduled to occur from September 
28, 2015 through October 02, 2015. Waiting to apply the rule until it 
has been published for 30 days would delay the effectiveness the 
temporary safety zone until after the bridge construction project has 
been completed and immediate action is needed to protect vessels and 
the public from the safety hazards associated with bridge construction 
over a public waterway. Additionally, the Coast Guard will inform the 
public through Broadcast Notice to Mariners, Local Notice to Mariners, 
and/or Safety Marine Information Broadcasts of the enforcement period 
for the safety zone as well as any changes in the planned and published 
dates and times of enforcement.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation no. 0170.1, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The purpose of the rule is to establish the necessary temporary 
safety zone to provide protection for persons and property, including 
commercial and recreational vessels that may be in the area during the 
bridge construction project from the hazards associated with the 
project.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone for all 
waters in Bayou Lafourche extending 400 yards to the east and west of 
the West Larose Vertical Lift Bridge located at position 
29[deg]34'142'' N, 090[deg]23'109'' W in Bayou Lafourche, LA from 6 
a.m. to 8 a.m. and 1 p.m. to 3 p.m. on September 28, 2015 through 
October 2, 2015. This temporary safety zone will be enforced with 
actual notice from 6 a.m. to 8 a.m. and 1 p.m. to 3 p.m. on September 
28, 2015 through October 2, 2015.
    Entry into, transiting or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

D. 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.

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 those Orders.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and enforced over two days. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

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. 
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. This 
rule would affect the following entities, some of which might

[[Page 59051]]

be small entities: The owners or operators of recreational vessels 
intending to transit or anchor in a portion of Bayou Lafourche, LA from 
6 a.m. to 8 a.m. and 1 p.m. to 3 p.m. on September 28, 2015 through 
October 2, 2015.

3. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

4. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

5. 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.

6. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

8. 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.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
or 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.

10. 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 substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution or power and responsibilities 
between the Federal Government and Indian tribes.

11. 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.

12. Technical Standards

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

13. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves establishing a safety zone. This rule 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusions 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (waters), 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. A new temporary Sec.  165.T08-0886 is added to read as follows:


Sec.  165.T08-0886  Safety Zone; West Larose Vertical Lift Bridge; 
Houma, LA.

    (a) Location. All waters of Bayou Lafourche within 400yds to the 
east and west of the West Larose Vertical Lift bridge in position 
29[deg]34'142'' N., 090[deg]23'109'' W.
    (b) Effective and Enforcement Period. This rule is effective from 6 
a.m. to 8 a.m. and from 1 p.m. to 3 p.m. on September 28, 2015 through 
October 2, 2015. This rule will be enforced with actual notice from 6 
a.m. to 8 a.m. and from 1 p.m. to 3 p.m. on September 28, 2015 through 
October 2, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Morgan City, or his designated on-scene representative.
    (2) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.
    (3) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Morgan City or his on-scene 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain of the Port Morgan City or his 
on-scene representative.
    (d) Informational Broadcasts. The COTP Morgan City or a designated 
representative will inform the public through Broadcast Notice to 
Mariners, Local Notice to Mariners, and/or Safety Marine Information 
Broadcasts of the enforcement period for the safety zone as well as any 
changes in the planned and published dates and times of enforcement.


[[Page 59052]]


    Dated: September 10, 2015.
F.L. Gilmore,
Captain, U.S. Coast Guard, Acting Captain of the Port Morgan City, LA.
[FR Doc. 2015-24827 Filed 9-30-15; 8:45 am]
 BILLING CODE 9110-04-P