[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Rules and Regulations]
[Pages 11-13]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33072]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG 2015-1086]
RIN 1625-AA00


Safety Zone; Intracoastal Waterway; Lake Charles, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Intracoastal Waterway (ICW) extending 100-yards east 
and west of ICW Mile Marker 244.5 located at position 30[deg]03'38'' N. 
093[deg]22'19'' W. (NAD 83) in Lake Charles, Louisiana. This safety 
zone is necessary to protect personnel, vessels, and the marine 
environment from hazards created by high power electrical line 
installation operations via helicopter over the Intracoastal Waterway. 
Entry of vessels or persons into this safety zone is prohibited unless 
specifically authorized by the Captain of the Port, Port Arthur.

DATES: This rule is effective from 7 a.m. on January 4, 2016 through 6 
p.m. on January 14, 2016. This rule will be enforced when personnel and 
equipment are on scene and conducting working on electrical lines.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1086 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Walt Goggans, Marine Safety Unit Lake Charles, U.S. 
Coast Guard; telephone 337-491-7883, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 immediate action is needed to protect 
vessels and mariners from the hazards associated with electrical line 
installation operations over the Intracoastal Waterway. The Coast Guard 
was not notified of the impending electrical line installation by 
ENTERGY until approximately three weeks prior to the date of the 
planned installation. After review of the details, the Coast Guard 
determined action is needed to protect vessels and mariners from the 
potential hazards created by the electrical line installation. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by January 4, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. The Coast Guard 
received less than 30-day's notice that ENTERGY set the electrical line 
installation date for January 4, 2016 through January 14, 2016. 
Delaying the effective date of this rule would be contrary to public 
interest because immediate action is needed to respond to the potential 
safety hazards associated with electrical line installation operations 
over the Intracoastal Waterway. The Coast Guard will notify the public 
and maritime community that the safety zone will be in effect and of 
its enforcement periods via broadcast notices to mariners (BNM) and 
will be published in the Local Notice to Mariners (LNM).

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port, Port Arthur (COTP) has determined that 
the hazards associated with high power line installations beginning 
January 4, 2016

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through January 14, 2016 will be a safety concern for anyone within a 
100-yard radius of helicopter cable installation operations. This rule 
is needed to protect personnel, vessels, and the marine environment in 
the navigable waters within the safety zone while high power cable 
installation operations occur.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on January 4, 2016 
through 6 p.m. on January 14, 2016. The safety zone will cover all 
navigable waters, shoreline to shoreline, extending 100-yards to either 
side of helicopter high power cable installation operations and 
machinery being used by personnel to install the high power cables. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while the electrical lines 
are being installed. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This rule will only be 
enforced for short periods when the channel is obstructed or cable 
installation operations over Intracoastal Waterway pose hazards to 
mariners. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone and the rule 
allows vessel to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on 
vessel owners or operators.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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 (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 a safety zone lasting less than 10 days that will 
prohibit entry within 100-yards of vessels and machinery being used for 
high power cable installation. It 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 Exclusion 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the

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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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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. Add Sec.  165.T08-1086 to read as follows:


Sec.  165.T08-1086  Safety Zone; Intracoastal Waterway; Lake Charles, 
LA.

    (a) Location. The following area is a safety zone: all waters of 
the Intracoastal Waterway (ICW) extending 100-yards east and west of 
ICW Mile Marker 244.5 located at position 30[deg]03'38'' N. 
093[deg]22'19'' W., Lake Charles, Louisiana. The coordinates are based 
on (NAD 83).
    (b) Effective periods. This rule is effective from 7 a.m. on 
January 4, 2016 through 6 p.m. on January 14, 2016. This rule will be 
enforced when personnel and equipment are on scene and conducting 
working on electrical lines.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited to all 
vessels except those vessels specifically authorized by the Captain of 
the Port, Port Arthur or a designated representative.
    (2) Persons or vessels requiring entry into or passage through must 
request permission from the Captain of the Port, Port Arthur, or a 
designated representative. They may be contacted on VHF Channel 13 or 
16, or by telephone at (337) 912-0073.
    (3) All persons and vessels shall comply with the lawful orders or 
directions given to them by the Captain of the Port, Port Arthur or the 
Captain of the Port's designated representative. On-scene U.S. Coast 
Guard patrol personnel include commissioned, warrant, and petty 
officers of the U.S. Coast Guard.
    (d) Information broadcasts. The Coast Guard will inform the public 
through broadcast notices to mariners of the enforcement periods for 
the safety zone as well as any changes in the schedule.

    Dated: December 15, 2015.
R.S. Ogrydziak,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur, Texas.
[FR Doc. 2015-33072 Filed 12-31-15; 8:45 am]
 BILLING CODE 9110-04-P