[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Rules and Regulations]
[Pages 67861-67863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18869]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0730]
RIN 1625-AA00


Safety Zone; Grosse Tete Passenger Ferry, Iberville 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 within a 300 yard radius of the Grosse Tete 
passenger ferry at MM 46 of the Port Allen Route, Iberville, LA. The 
safety zone is needed to protect ferry operations for crossing school 
students during morning and afternoon commutes as a result of the 
Grosse Tete bridge closure. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
(COTP) New Orleans.
    This rule is effective without actual notice from August 22, 2024 
through noon on October 9, 2024. For the purposes of enforcement, 
actual notice will be used from noon on August 9, 2024, through August 
22, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0730 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 on this rule, 
call or email LT Benjamin Adrien, Marine Safety Unit Baton Rouge, U.S. 
Coast Guard; telephone: (225) 281-2875, 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 immediate action is needed to respond 
to Grosse Tete bridge allision and associated ferry operations. It is 
impracticable to publish an NPRM because we must establish this safety 
zone on August 9th, 2024.
    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 immediate action is needed to 
mitigate potential safety hazards associated with the bridge closure 
and passenger ferry operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP New Orleans has determined a safety zone is needed for 
the safety of passenger ferry operations at the Grosse Tete bridge on 
the Port Allen Route MM 46, Iberville, LA. The safety zone is needed to 
protect and facilitate local school students during morning and 
afternoon commutes across the Port Allen Route via passenger ferry on 
Monday through Friday at 6 a.m. to 8 a.m. and 2:30 p.m. to 4:30 p.m. 
except on Federal holidays.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone for all navigable 
waters within a 300 yard radius of the Grosse Tete passenger ferry at 
MM 46 of the Port Allen Route, Iberville, LA. The zone will be 
effective Monday through Friday from 6 a.m. to 8 a.m. and 2:30 p.m. to 
4:30 p.m. except on Federal holidays. 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

[[Page 67862]]

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 size, 
location, duration, and scope of the safety zone. The safety zone is 
limited in size and duration as it covers a 300 yard radius of the 
Grosse Tete passenger ferry at MM 46 of the Port Allen Route, 
Iberville, LA. The zone will be effective Monday through Friday from 6 
a.m. to 8 a.m. and 2:30 p.m. to 4:30 p.m. except on Federal holidays. 
The Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about 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 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 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 300 yard radius of the 
Grosse Tete passenger ferry at MM 46 of the Port Allen Route, 
Iberville, LA. The zone will be effective Monday through Friday from 6 
a.m. to 8 a.m. and 2:30 p.m. to 4:30 p.m. except on Federal Holidays. 
This type of action is categorically excluded from further review under 
paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1.

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:

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.T08-0730 to read as follows:


Sec.  165.T08-0730  Safety Zone; Grosse Tete Passenger Ferry, 
Iberville, LA.

    (a) Locations. The following is a temporary safety zone:
    (1) All waters within a 300 yard radius of the Grosse Tete 
passenger ferry at 30[deg]16'0.22'' N, 091[deg]19'16.91'' W, on the 
Port Allen Route at MM 46, Iberville, LA.
    (2) The points are in NAD 83.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the COTP 
in the enforcement of the safety zone.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit,

[[Page 67863]]

anchor, or remain within the safety zone unless authorized by the COTP 
New Orleans or a designated representative. If authorization is 
granted, persons and/or vessels receiving such authorization must 
comply with the instructions of the COTP New Orleans or designated 
representative.
    (2) Persons who must notify or request authorization from the COTP 
may do so by telephone at (504) 365-2540 or may contact a designated 
representative via VHF radio on channel 16.
    (d) Enforcement period. This rule will be enforced from 12 p.m. on 
August 9, 2024, through 12 p.m. on October 9, 2024.

    Dated: August 9, 2024.
G.A. Callaghan,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2024-18869 Filed 8-21-24; 8:45 am]
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