[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61506-61508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22093]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0819]
RIN 1625-AA00
Safety Zone; Atchafalaya River--Berwick Bay, Morgan City, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone of
100-meters from the western side of the channel in the Atchafalaya
River through Berwick Bay between mile marker (MM) 119 and MM 121. This
temporary safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards created by the recreational
paddling race, Tour Du Teche 135. Entry of vessels into this zone is
prohibited unless specifically authorized the Captain of the Port Houma
or a designated Patrol Commander.
DATES: This rule is effective from 10 a.m. through 5 p.m. on October 9,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2022-0819 in the search box and click ``search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
action, call or email Lieutenant Jenelle Pich[eacute], MSU Morgan City,
LA, U.S. Coast Guard; telephone (985) 855-0724, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Houma
[[Page 61507]]
DHS Department of Homeland Security
FR Federal Register
MSU Marine Safety Unit
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 final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (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)(3)(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 and
contrary to the public interest. It is impracticable to publish an NPRM
because we must establish this safety zone by October 9, 2022 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 is contrary to public interest because it would delay the
safety measures necessary to respond to potential hazards associated
with the Tour Du Teche 135 paddle race. Immediate action is needed to
protect vessels, event participants, and mariners from the safety
hazards associated with the race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Houma (COTP)
has determined that potential hazards associated with the Tour Du Teche
135 paddle race will be a safety concern to vessels and persons. This
rule is needed to protect the public, mariners, event participants, and
vessels from the potential hazards associated with the Tour Du Teche
135 paddle race.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone from 10
a.m. through 5 p.m. on October 9, 2022. The temporary safety zone
encompasses the Berwick Bay lock and dam (in the proximity of MM 119)
and extends 100-meters from the western shore outwards of the
Atchafalaya River through Berwick Bay, ending at the Southwest ``Red''
Reef Lighthouse, near the I-90 Bridge (in the proximity of MM 121).
This temporary safety zone will not interfere with navigable waterway.
No person or vessel will be permitted to enter or transit within the
safety zone, unless specifically authorized by the COTP or a designated
Patrol Commander. Public notifications will be made to the local
maritime community through Broadcast Notice to Mariners (BNM). Mariners
and other members of the public may contact the Waterways Management
Division at MSU Morgan City, to inquire about the safety zone by
telephone at (985) 855-0724.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analysis
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protectors.
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. This
regulatory determination is based on the size, location, and duration,
of the safety zone.
This temporary safety zone will not restrict navigation on the
Atchafalaya River thought Berwick Bay. Moreover, the Coast Guard will
issue a Local Notice to Mariners (LNM) about the zone, and the rule
will allow vessels to seek permission to enter the zone.
B. Impact 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 will 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 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.
[[Page 61508]]
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
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 not prohibit mariners and the public to transit
through the navigational channel in the Atchafalaya River through
Berwick Bay. It is categorically excluded from further review under
paragraph L60 (a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated under 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 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: US 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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T08-0819 to read as follows:
Sec. 165.T08-0819 Safety Zone; Atchafalaya River--Berwick Bay, Morgan
City, LA.
(a) Location. The following area is a safety zone: 100-meters from
the shore from the opening of Berwick Bay Lock approximately near MM
119 along the western side of the channel in the Atchafalaya River
through Berwick Bay to MM 121. This safety zone does not include the
navigational channel.
(b) Definitions. As used in this section, Patrol Commander means a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port Houma (COTP) in the enforcement of
the regulations in this section.
(c) Enforcement period. This section will be enforced from 10 a.m.
until 5 p.m. on October 9, 2022.
(d) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or a Patrol
Commander.
(2) Entry into this zone is prohibited unless authorized by the
COTP or a Patrol Commander
(3) Persons or vessels seeking to enter into or transit through the
zone must request permission from the COTP or a Patrol Commander. They
may be contacted on VHF-FM channels 15 and 16 or by telephone at (985)
855-0724.
(4) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or a Patrol Commander.
(e) Informational broadcasts. The COTP or a Patrol Commander will
inform the public through broadcast notices to mariners of the
enforcement period for the safety zone as appropriate.
Dated: October 3, 2022.
L.T. O'Brien,
Captain, U.S. Coast Guard, Captain of the Port Houma.
[FR Doc. 2022-22093 Filed 10-7-22; 2:00 pm]
BILLING CODE 9110-04-P