[Federal Register Volume 86, Number 75 (Wednesday, April 21, 2021)]
[Rules and Regulations]
[Pages 20636-20637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08059]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0264]
RIN 1625-AA00


Safety Zone; Gulf of Mexico, Port Fouchon, LA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters within a \1/2\ mile radius around a capsized 
vessel in the Gulf of Mexico, near Port Fourchon, LA. The temporary 
safety zone is needed to protect life and property during emergency 
search and rescue and salvage operations surrounding the capsized 
vessel. Entry of vessels or persons into this zone and movement of 
vessels within this zone is prohibited unless specifically authorized 
by the Captain of the Port Marine Safety Unit Houma or a designated 
representative.

DATES: This rule is effective without actual notice from 12:01 a.m. 
until 11:59 p.m. on April 21, 2021. For the purposes of enforcement, 
actual notice will be used from April 14, 2021 through April 20, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0264 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 the Lieutenant Commander Joe Hart, Incident Management 
Team, U.S. Coast Guard; telephone 504-628-4177, email 
[email protected].

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

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 it is impracticable. A safety zone is 
necessary to facilitate search and rescue and salvage operations 
surrounding a capsized vessel. Immediate action is needed to respond to 
the potential safety hazards associated with recovery operations. We we 
must establish this safety zone by April 14, 2021 and and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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 of 
this rule would be against the public interest because immediate action 
is needed to respond to an ongoing search and rescue and salvage 
operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Marine Safety Unit Houma (COTP) has 
determined that potential hazards associated with the response 
operations on April 14, 2021, will be a safety concern for anyone 
within a \1/2\ mile radius around the capsized vessel at position 29-
00.000 N, 090-12.000 W. This rule is needed to protect life and 
property on the navigable waters while response operation are ongoing.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from April 14, 2021 
through April 21, 2021. The safety zone will cover all navigable waters 
within half mile radius around position 29-00.000 N, 090-12.000 W in 
the Gulf of Mexico, near Port Fouchon, LA. The duration of the zone is 
intended to protect life and property on these navigable waters for the 
duration of emergency response operations related to the capsized 
vessel. No vessel or person will be permitted to enter and move within 
the safety zone without obtaining permission from the COTP or a 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Marine Safety 
Unit Houma. Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67. Persons and vessels permitted to 
enter or to move within this safety zone must transit at their slowest 
safe speed and comply with all lawful directions issued by the COTP or 
the designated representative. The COTP or a designated representative 
will inform the public of the enforcement periods and changes through 
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), 
and/or Marine Safety Information Bulletins (MSIBs) as appropriate.

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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the limited scale 
of the safety zone and the ease of vessel traffic navigating around 
said 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 
temporary 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.

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    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 
call or email 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 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 that will prohibit entry within a \1/2\ mile radius of 
vessels and machinery being used by personnel response operations to a 
capsized vessel. It is categorically excluded from further review under 
paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this 
determination is not required but will be made available in the docket 
if necessary. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 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.T08-0264 to read as follows:


Sec.  165.T08-0264  Safety Zone; Gulf of Mexico, Port Fourchon, LA.

    (a) Location. The following area is a safety zone: all navigable 
waters within a \1/2\ mile radius of the capsized vessel and emergency 
response operations taking place at 29-00.000 N, 090-12.000 W.
    (b) Effective period. This section is effective without actual 
notice from 12:01 a.m. until 11:59 p.m. on April 21, 2021. For the 
purposes of enforcement, actual notice will be used from April 14, 2021 
through April 20, 2021.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into or remaining within this zone is prohibited 
unless authorized by the Captain of the Port Marine Safety Unit (COTP) 
or designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Marine Safety 
Unit Houma.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67 or by telephone at (504) 365-2200.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: April 14, 2021.
K.J. McCormack,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety 
Unit Houma.
[FR Doc. 2021-08059 Filed 4-20-21; 8:45 am]
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