[Federal Register: September 21, 2005 (Volume 70, Number 182)]
[Rules and Regulations]
[Page 55252-55254]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se05-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2005-22429]
RIN 1625-AA11
Safety Zones; Sector New Orleans; Barges
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing safety zones on the navigable
waters of Sector New Orleans surrounding barges that have sustained
damage requiring salvage operations during Hurricane Katrina. This
action is necessary to provide for the safety of life and property
during salvage operations, as well as to minimize effects on the
navigable waters of Sector New Orleans.
DATES: This rule is effective from September 19, 2005 through December
31, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2005-22429 and are available for inspection or
copying at the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You may also find this
[[Page 55253]]
docket on the Internet at http://dms.dot.gov.
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. Publishing a NPRM would be
contrary to the public interest, as there is an immediate need to
quickly and safely remove damaged barges from the navigable waterways
within Sector New Orleans.
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. This safety zone is needed
immediately, in order to re-establish safe and efficient navigation
within the navigable waterways.
Background and Purpose
On August 29, 2005, Hurricane Katrina struck the Gulf Coasts of
Louisiana, Mississippi, and Alabama, causing severe damage throughout
the area. The severity of the damage is still not fully known; however
we are aware of a large number of barges that have been damaged and
strewn throughout the waterways within the boundaries of Sector, New
Orleans. Some of these barges are directly interfering with waterway
traffic, while others present environmental or safety hazards. It is
imperative that salvage operations begin on these barges in an orderly
and efficient manner.
Discussion of Rule
This temporary rule establishes safety zones around those barges
located in the waters within Sector New Orleans that sustained damage
during Hurricane Katrina, when the damage was severe enough to require
salvage operations. This temporary rule regulates salvage operations
within those zones. It requires that a salvage plan be submitted to the
COTP prior to beginning salvage operations on any Coast Guard inspected
barge, as well as on any uninspected barge that is currently affecting
waterway traffic. Additionally, for any barge requiring salvage
operations that will affect waterway traffic, a salvage plan must be
submitted to the COTP New Orleans for approval.
For those uninspected barges that are not affecting the navigation
channel or vessel traffic, this temporary final rule requires that the
COTP be notified when salvage operations begin and end, even though a
salvage plan is not required.
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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This is because the Coast Guard will allow barge
owners and operators to salvage damaged barges. The Coast Guard is
requiring the submission of salvage plans in order to ensure that these
operations proceed smoothly, without having a detrimental effect on the
navigable waterways within Sector New Orleans.
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.
This rule does not require a general notice of proposed rulemaking
and, therefore, is exempt from the requirements of the Regulatory
Flexibility Act.
Assistance for Small Entities
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 the rule so that they can 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
The Office of Management and Budget has exempted this rule from the
requirements of the Paperwork Reduction Act due to the emergency nature
of the rule.
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. The Act does not require an assessment in the case of a rule
issued without prior notice and public comment. Nevertheless, the Coast
Guard does not expect this rule to result in such an expenditure. We
discuss this rule's effects 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
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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 a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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. This rule establishes a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
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.T08-999 to read as follows:
Sec. 165.T08-999 Safety zones; Sector New Orleans.
(a) Location. The following areas are safety zones:
(1) A 25-yard radius surrounding all damaged barges located in
navigable waters within Sector New Orleans.
(b) Definitions.
(1) The Captain of the Port New Orleans means the Commander, Coast
Guard Sector New Orleans.
(2) Damaged barge means a barge requiring salvage operations.
(c) Regulations.
(1) Salvage operations may not begin on any Coast Guard inspected
barge located within a safety zone established by paragraph (a) of this
section until the Captain of the Port New Orleans, or his designee, has
approved a salvage plan for that barge.
(2) Salvage operations may not begin on any uninspected barge
located within a safety zone established by paragraph (a) of this
section that is affecting waterway traffic until the Captain of the
Port New Orleans, or his designee, has approved a salvage plan for that
barge.
(3) The Captain of the Port New Orleans, or his designee, must
approve a salvage plan for any barge located within a safety zone
established by paragraph (a) of this section when salvage operations on
that barge will affect waterway traffic.
(4) The salvage plan shall provide the information contained in the
Brownwater Salvage Checklist. To receive the checklist, contact the
Coast Guard Incident Command Post (ICP) in Alexandria, Virginia:
(i) Via phone at: (318) 443-2084, (318) 448-5351, or (318) 443-
0651;
(ii) Via fax at: (318) 443-2573; or
(iii) Via e-mail at: secnolasalvage@yahoo.com.
(5) The Captain of the Port New Orleans, or his designee, must be
notified when salvage operations commence and are completed on
uninspected barges located within a safety zone established by
paragraph (a) of this section but not affecting the navigation channel
or vessel traffic.
(d) The salvage plan required in paragraph (c) above should be
faxed to Coast Guard Incident Command Post (ICP) in Alexandria, LA at
(318) 443-2573, Attention: Salvage Group. You may contact the Salvage
Operations Department at the ICP at (318) 443-2084, (318) 448-5351, or
(318) 443-0651 for more information.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State and local agencies.
(f) Effective period. This section is effective from September 19,
2005 through December 31, 2005.
Dated: September 19, 2005.
Steve Venckus,
Chief, Office of Regulations & Administrative Law, Office of the Judge
Advocate General, United States Coast Guard.
[FR Doc. 05-18966 Filed 9-19-05; 1:18 pm]
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