[Federal Register: December 29, 2003 (Volume 68, Number 248)]
[Rules and Regulations]
[Page 74861-74863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de03-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Morgan City-03-011]
RIN 1625-AA00
Safety Zone; Gulf Intracoastal Waterway, Mile 134 West of the
Harvey Locks, Louisa, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone 100
feet east and west of the Louisa Bridge on the Gulf Intracoastal
Waterway (GIWW), mile 134 West of the Harvey Locks (WHL), extending the
entire width of the waterway. This safety zone is needed to protect
persons and vessels from the potential safety hazards associated with
erecting the north bascule leaf tow section of the new Louisa Bridge.
Entry into this zone is prohibited unless specifically authorized by
the Captain of the Port Morgan City, or a designated representative.
DATES: This rule is effective from 7 a.m. CDT on January 19, 2004,
until 5 p.m. CDT on January 23, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Morgan City-03-011] and are
available for inspection or copying at Marine Safety Office Morgan
City, 800 David Drive, Morgan City, Louisiana 70380, between 8 a.m. CDT
and 4 p.m. CDT, Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT (Lieutenant) Norm Witt, Marine
Safety Office Morgan City, at (985) 380-5320.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3),
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. Publishing an NPRM and
delaying this rule's effective date would be contrary to public
interest since immediate action is needed to protect vessels and
mariners from the hazards associated with the construction of the new
bridge.
Background and Purpose
The Louisiana Department of Transportation and Development will be
erecting the north bascule leaf tow section of the new Louisa Bridge.
The bridge will be in the closed-to-navigation position during that
time. Vessel traffic must remain 100 feet east or west of the bridge
from 7 a.m. to 5 p.m. each day, from January 19-23, 2004, to avoid
potential hazards while construction is being conducted. Entry into
this zone is prohibited to all vessels unless authorized by the Captain
of the Port Morgan City, or a designated representative.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone 100 feet
east and west of the Louisa Bridge on the Gulf Intracoastal Waterway
(GIWW), mile 134 West of the Harvey Locks (WHL), extending the entire
width of the waterway. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Morgan City, or a
designated representative.
This rule is effective from 7 a.m. CDT on January 19, 2004, until 5
p.m. CDT on January 23, 2004. This rule will only be enforced from 7
a.m. until 5 p.m. CDT each day that it is effective. During non-
enforcement hours, all traffic will be allowed to transit through the
zone. Vessels desiring to transit through the zone during enforcement
hours must request permission to do so from the Captain of the Port
Morgan City, or a designated representative. The Captain of the Port
Morgan City will inform the public via broadcast notice to mariners
[[Page 74862]]
of the enforcement periods for the safety zone.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This rule will only be in effect for a short period of time and
notifications to the marine community will be made through broadcast
notice to mariners. The impacts on routine navigation are expected to
be minimal. Although this rule is effective for a period of five days,
it will only be enforced for a period of ten hours each day. Vessels
desiring to transit through the zone during enforcement hours must
request permission to do so from the Captain of the Port Morgan City,
or a designated representative. During non-enforcement hours, all
traffic will be allowed to transit through the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit through within 100 feet east or west of the Louisa
Bridge, located on the GIWW at mile 134 WHL, from 7 a.m. CDT on January
19, 2004 until 5 p.m. CDT on January 23, 2004. This safety zone will
not have a significant economic impact on a substantial number of small
entities because this rule will be in effect for only five days, and
will only be enforced for a period of 10 hours each day. During non-
enforcement hours, all traffic will be allowed to transit through the
zone.
If you are a small business entity and are significantly affected
by this regulation, please contact LT Norm Witt, Marine Safety Office
Morgan City, at (985) 380-5320.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so they could better evaluate its
effects on them and participate in the rulemaking process.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as significant energy action.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because this rule is not expected to result
in any significant adverse environmental impact as described in NEPA.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental
[[Page 74863]]
Analysis Check List'' and a ``Categorical Exclusion Determination'' are
not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (Water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T08-153 to read as follows: Sec. 165.T08-
153 Safety Zone; 100 Feet East and West of the Louisa Bridge, Gulf
Intracoastal Waterway, Mile 134 West of the Harvey Locks, Louisa, LA.
(a) Location. The following area is a temporary safety zone: all
waters within 100 feet east and west of the Louisa Bridge located on
the Gulf Intracoastal Waterway at mile 134 West of the Harvey Locks,
Louisa, Louisiana.
(b) Effective Date. This rule is effective from 7 a.m. CDT on
January 19, 2004, until 5 p.m. CDT on January 23, 2004.
(c) Periods of Enforcement. The safety zone in this section will be
enforced from 7 a.m. until 5 p.m. CDT each day of the effective period.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into the zone established in this
section is prohibited unless authorized by the Captain of the Port
Morgan City.
(2) Vessels requiring entry into or passage through the safety zone
established in this section must request permission from the Captain of
the Port Morgan City, or a designated representative. They may be
contacted on VHF Channel 13 or 16, or by telephone at (985) 380-5320.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Morgan City and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel are
commissioned, warrant, and petty officers of the U.S. Coast Guard.
Dated: November 17, 2003.
S.P. Garrity,
Captain, U.S. Coast Guard, Captain of the Port Morgan City.
[FR Doc. 03-31893 Filed 12-24-03; 8:45 am]
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