[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47027-47029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17035]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0650]
RIN 1625-AA00


Safety Zone; Houma Navigation Canal Miles 23 to 23.5, Dulac, 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 navigable waters surface to bottom, of the Houma Navigation Canal 
from mile marker 23 to 23.5. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by replacement work of the Falgout Canal Pontoon Bridge. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Morgan City or a designated 
representative.

DATES: This rule is effective without actual notice from 7:00 a.m. 
until 7:00 p.m. daily from July 20, 2016 through July 27, 2016. For the 
purposes of enforcement, actual notice will be used from 7:00 a.m. 
until 7:00 p.m. daily from July 7, 2016 through July 20, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0650 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, 
contact MSTC Justin Helton, Marine Safety Unit Houma, U.S. Coast Guard; 
telephone 985-850-6457, email [email protected].

[[Page 47028]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
MM Mile Marker

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 the Coast Guard did not receive 
notice of the bridge repairs until June 21, 2016. Completing the NPRM 
process would delay the immediate action needed to protect the public 
from hazards associated with the Falgout Canal Pontoon Bridge 
replacement. It is impracticable to publish an NPRM because we must 
establish this safety zone by July 7, 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. Providing 30 days 
notice for this occurrence would unnecessarily delay the effective date 
and would be impracticable based on the limited time frame, as well as 
be contrary to public interest because immediate action is needed to 
respond to the potential safety hazards associated with the replacement 
of the Falgout Canal Pontoon Bridge.

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 Morgan City (COTP) has determined that 
potential hazards associated with the Falgout Canal Pontoon Bridge 
replacement between 7:00 a.m. and 7:00 p.m. from July 7 through July 
27, 2016 will be a safety concern for anyone within the area extending 
from MM 23 to 23.5 of the Houma Navigation Canal. This rule is needed 
to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the Falgout Canal Pontoon 
Bridge is being replaced.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:00 a.m. until 7:00 p.m. 
from July 7 through July 27, 2016. The safety zone will cover all 
navigable waters, surface to bottom, of the Houma Navigation Canal from 
MM 23 to 23.5. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the Falgout Canal Pontoon Bridge is being repaired. 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 related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. This regulatory action determination is based on the size, 
location, duration, and specific times of enforcement for the temporary 
safety zone. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these navigable waters while the 
Falgout Canal Pontoon Bridge is being replaced. This temporary safety 
zone will be enforced during specific times during daylight hours for 
bridge replacement operations only, and limits access to a small area 
on the waterway covering one-half mile. Vessels will be able to request 
passage through area from the COTP. Additionally, there will be a break 
in operation allowing any build up of traffic to pass on a once daily 
basis.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. The Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone and the rule 
allows vessels 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 
any vessel owner or operator.
    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).

[[Page 47029]]

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 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 an 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, during daylight hours, lasting less than 
13 hours per day for 21 days that will prohibit entry into or transit 
within MM 23 to 23.5 of the Houma Navigation Canal. 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 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, 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.T08-0650 to read as follows:


Sec.  165.T08-0650  Safety zone; Houma Navigation Canal between mile 23 
to 23.5, Dulac, LA.

    (a) Location. The following area is a temporary safety zone: All 
waters of the Houma Navigation Canal, surface to bottom, between mile 
23 and mile 23.5, Dulac, LA.
    (b) Enforcement period. This safety zone will be enforced from 7:00 
a.m. until 7:00 p.m. daily from July 7 through July 27, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port Morgan City (COTP) or designated 
personnel. Persons or vessels desiring to enter into or pass through 
the zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM radio channel 13 and 16 
or phone at 504-343-7928.
    (2) Persons and vessels permitted to deviate from this safety zone 
regulation and enter the restricted area must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP or 
the designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.

    Dated: July 1, 2016.
B.E. Welborn,
Captain, U.S. Coast Guard, Captain of the Port Morgan City.
[FR Doc. 2016-17035 Filed 7-19-16; 8:45 am]
 BILLING CODE 9110-04-P