[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Rules and Regulations]
[Pages 77782-77784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21776]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0875]
RIN 1625-AA00


Safety Zone; Grosse Tete, 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 from mile marker 45 to mile marker 47 of the Port 
Allen Route, Iberville, LA. The safety zone is needed to protect Grosse 
Tete bridge repairs and 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, 
Sector New Orleans.

DATES: This rule is effective without actual notice from September 24, 
2024 through 11:59 p.m. on December 1, 2024. For purposes of 
enforcement, actual notice will be used from September 17, 2024, until 
September 24, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0875 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 Lieutenant 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 under the authority 
in 5 U.S.C. 553(b)(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.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because prompt action is 
needed to protect personnel, vessels and the marine environment in the 
vicinity of the Grosse Tete bridge allision and associated passenger 
ferry operations during bridge repairs. It is impracticable to publish 
an NPRM because we must establish this safety zone by September 17, 
2024.
    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 
mitigate potential safety hazards associated with the bridge closure 
and increased 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 Captain of the Port Sector New Orleans (COTP) has determined 
that a safety zone is needed for the safety of Grosse Tete bridge 
repairs and passenger ferry operations from mile marker 45 to mile 
marker 47 on the Port Allen Route, Iberville, LA. The safety zone is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters and in the vicinity of the bridge while it is being 
repaired.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone for all navigable 
waters from mile marker 45 to mile marker 47 of the Port Allen Route, 
Iberville, LA, on September 17, 2024, through 11:59 p.m. on December 1, 
2024. The safety zone will be enforced from 6 a.m. to 8 a.m. and from 
2:30 p.m. to 4:30 p.m., daily Monday through Friday, except on federal 
holidays. The safety zone will also be enforced on September 18, 2024, 
from 7 a.m. to 5 p.m. for bridge repairs and testing. The duration of 
the zone is intended to protect personnel, vessels, and the marine 
environment while the 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the

[[Page 77783]]

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 navigable waters from mile 
marker 45 to mile marker 47 of the Port Allen Route, Iberville, LA. The 
zone will be enforced from 6 a.m. to 8 a.m. and 2:30 p.m. to 4:30 p.m., 
daily Monday through Friday, except on federal holidays, and on 
September 18, 2024 from 7 a.m. to 5 p.m. The Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule will allow 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 affects 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 of vessels from mile marker 45 to 
mile marker 47 of the Port Allen Route, Iberville, LA. The zone will be 
effective on September 17, 2024 through 11:59 p.m. on December 1, 2024. 
The safety zone will be enforced from 6 a.m. to 8 a.m. and 2:30 p.m. to 
4:30 p.m., daily Monday through Friday, except on federal holidays and 
on September 18, 2024 from 7 a.m. to 5 p.m. This type of action is 
categorically excluded from further review under paragraph L60(d) 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.T08-0875 to read as follows:


Sec.  165.T08-0875  Safety Zone; Grosse Tete, Iberville, LA.

    (a) Location. The following is a safety zone: All waters between 
mile marker 45 and mile marker 47 on the Port Allen Route, Iberville, 
LA.
    (b) Definition. As used in this section, 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 
Captain of the Port New Orleans (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit,

[[Page 77784]]

anchor, or remain within the safety zone described in paragraph (a) of 
this section unless authorized by the COTP or a designated 
representative. If authorization is granted, persons and vessels 
receiving such authorization must comply with the lawful instructions 
of the COTP or designated representative.
    (2) To seek permission to enter, contact the COTP by telephone at 
(504) 365-2540 or a designated representative via VHF radio on channel 
16.
    (d) Enforcement period. This section will be enforced from 6 a.m. 
to 8 a.m. and from 2:30 p.m. to 4:30 p.m., daily Monday through Friday, 
except on federal holidays. Additionally, this section will be enforced 
on September 18, 2024 from 7 a.m. to 5 p.m.

    Dated: September 17, 2024.
G.A. Callaghan,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2024-21776 Filed 9-23-24; 8:45 am]
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