[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Rules and Regulations]
[Pages 60305-60307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16360]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0659]
RIN 1625-AA00


Safety Zone; Gulf Intracoastal Waterway, Gibbstown, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 1000-foot radius of the Gibbstown Bridge. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by pulling transmission 
wires over the waterway. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Marine Safety Unit Port Arthur.

DATES: This rule is effective without actual notice from July 25, 2024 
through July 30, 2024. For the purposes of enforcement, actual notice 
will be used from July 23, 2024, through July 30, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0659 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 rule, 
call or email Chief Jay Buehner, U.S. Coast Guard; telephone 337-912-
0073, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

[[Page 60306]]

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' 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. Prompt action is needed to respond to the potential 
safety hazards associated with pulling transmission wires over the 
waterway. It is impracticable to publish an NPRM because the Coast 
Guard must establish this temporary safety zone by July 23, 2024 and 
lacks sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    Also, 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 impracticable because prompt action is needed to 
respond to the potential safety hazards associated with wire pulls 
across the Gulf Intracoastal Waterway.

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 Port Arthur (COTP) 
has determined that potential hazards associated with transmission wire 
pulling operations within a 1000-foot radius of the Gibbstown Bridge 
will be a safety concern for recreational and commercial vessel 
traffic. The purpose of this rule is to ensure the safety of personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone during the wire pulling operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from July 23, 2024, through 
July 30, 2024 that will be enforced from 8:00 a.m. through 1:00 p.m. on 
the day of wire pulling operations. The COTP or a designated 
representative will inform the public of the actual wire pull date, as 
well as any subsequent changes in the date and times of the enforcement 
period, through Broadcast Notices to Mariners and Marine Safety 
Information Bulletins as appropriate.
    The safety zone will cover all navigable waters within a 1000-foot 
radius of Gibbstown Bridge located at 29[deg]56'01.2'' N and 
093[deg]04'47.3'' W. The duration of the safety zone is intended to 
protect persons and vessels, in the nearby navigable waters during the 
wire pulling operations. 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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on size, location, 
and duration of the safety zone. The safety zone will impact a small, 
designated area of the Gulf Intracoastal Waterway for five hours. 
Moreover, the Coast Guard will issue a Local Notice to Mariners and 
Broadcast Notice to Mariners about the zone. 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 
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

[[Page 60307]]

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 be enforced for five hours to prohibit entry 
within a 1000-foot radius of wire pulling operations. 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. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0659 to read as follows:


Sec.  165.T08-0659  Safety Zone; Gulf Intracoastal Waterway, Gibbstown, 
LA.

    (a) Location. The following area is a safety zone: All navigable 
waters within a 1000-foot radius of the Gibbstown Bridge located at 
29[deg]56'01.2'' N and 093[deg]04'47.3'' W, on the Gulf Intracoastal 
Waterway. These coordinates are based on WGS 84.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Marine Safety Unit Port Arthur (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, entry of vessels or persons into the zone 
described in paragraph (a) is prohibited unless authorized by the COTP 
or a designated representative. During the enforcement period, all 
persons and vessels permitted to enter the safety zone described in 
paragraph (a) must comply with the lawful order or directions of the 
COTP or a designated representative.
    (2) To seek permission to enter the safety zone, contact the COTP 
or the COTP's representative on VHF-FM channel 13 or 16, or by phone at 
telephone at 337-912-0073.
    (d) Enforcement period. This safety zone is in effect from July 23, 
2024 through July 30, 2024. It will be subject to enforcement from 8:00 
a.m. through 1:00 p.m. on the day of the wire pulling operations. The 
COTP or a designated representative will inform the public of the date 
of wire pulling operations through Broadcast Notices to Mariners and 
Marine Safety Information Bulletins as appropriate.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone, as well as any changes in the date and times of 
enforcement, through Broadcast Notices to Mariners and Marine Safety 
Information Bulletins as appropriate.

Morgan Kelly,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety 
Unit Port Arthur.
[FR Doc. 2024-16360 Filed 7-24-24; 8:45 am]
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