[Federal Register: October 26, 2007 (Volume 72, Number 207)]
[Rules and Regulations]
[Page 60779-60781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc07-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. COTP Morgan City--07-018]
RIN 1625--AA00
Safety Zone; Morgan City-Port Allen Alternate Route, Mile Marker
0.5 to Mile Marker 1.0, Bank to Bank
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary Safety Zone on the
Morgan City-Port Allen Alternate Route, from Mile Marker 0.5 to Mile
Marker 1.0, bank to bank. This Safety Zone is needed to protect divers,
vessels, and tows from destruction, loss, or injury from salvage
operations to remove a crane from beneath the Long-Allen Fixed Bridge,
and to facilitate compliance with a court approved Consent Judgment
whereby the crane must be removed prior to December 1, 2007.
DATES: This rule is effective from 6 a.m. on October 29, 2007 until 6
p.m. on November 11, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of COTP Morgan City-07-018 and are available for
inspection or copying at Marine Safety Unit Morgan City, 800 David
Drive, Morgan City, Louisiana, 70380 between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander (LCDR) Rick
Paciorka, Marine Safety Unit 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. Establishment of this safety
zone is required to comply with a Consent Judgment approved by the
Honorable Kurt D. Engelhardt, U.S. District Judge, in his order dated
May 17, 2007. Pursuant to his Order, the Consent Judgment between
Jefferson Marine Towing Inc., et al and the United States requires the
crane to be removed by Jefferson Marine not later than 1 December 2007.
In order to effect the Consent Judgment's court approved deadline, the
U.S. Army Corps of Engineers (ACOE), the U.S. Coast Guard, and
Jefferson Marine met to discuss the parameters of a salvage plan. This
plan was preliminarily approved on 29 August 2007. The preliminary plan
projected salvage operations beginning on 17 September 2007. Given the
potential impact on the public and industry of this near term major
waterway closure, the Coast Guard and the ACOE negotiated a later date
beginning 29 October 2007. This later date allowed for transit planning
that accommodates the vast majority of fall harvest barge movement
while still allowing for completion of the salvage work by the court
ordered deadline. The 29 October date was tentatively agreed upon on 13
September 2007. Publishing an NPRM and delaying its effective date
would be contrary to public interest since immediate action is needed
to protect divers, vessels, and mariners from the hazards associated
with salvage operations in the area, and to facilitate compliance with
the court approved Consent Judgment whereby the salvage operation must
be concluded by 1 December 2007.
Background and Purpose
Due to an allision with the Long-Allen fixed bridge, a crane was
lost from a barge into the Morgan City-Port Allen Alternate Route.
Salvage operations will be conducted in the vicinity of the Long-Allen
Fixed bridge to recover the crane. The Morgan City-Port Allen Alternate
Route will be closed to marine traffic during salvage operations. This
Safety Zone is needed to protect divers, vessels, and tows from
destruction, loss or injury from the dangers associated with the
salvage operations, and to facilitate compliance with a court approved
Consent Judgment whereby the salvage operation must be concluded by 1
December 2007.
Discussion of Rule
The Coast Guard is establishing a temporary Safety Zone on the
Morgan City-Port Allen Alternate Route, from Mile Marker 0.5 to Mile
Marker 1.0, bank to bank. The temporary Safety Zone will continue in
effect until the salvage operations are complete. Vessels and tows may
not enter this zone while salvage operations are taking place. This
rule is effective from 6 a.m. on October 29, 2007 until 6 p.m. on
November 11, 2007.
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.
This rule will only be in effect for a 14 day 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 moderate to great. Vessels may continue to transit through alternate
routes to their destinations.
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.
[[Page 60780]]
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 the Safety Zone from 6 a.m. CDT on October
29, 2007 until 6 p.m. CST on November 11, 2007. 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 a 14 day period of
time. Additionally, vessels may continue to transit through alternate
routes to their destinations.
If you are a small business entity and are significantly affected
by this regulation, please contact LCDR Rick Paciorka, Marine Safety
Unit 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 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 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, 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. A new temporary Sec. 165.T08-018 is added to read as follows:
Sec. 165.T08-018 Safety Zone; Morgan City-Port Allen Alternate Route,
from Mile Marker 0.5 to Mile Marker 1.0, bank to bank.
(a) Enforcement Areas. Morgan City-Port Allen Alternate Route, from
Mile Marker 0.5 to Mile Marker 1.0, bank to bank.
(b) Effective date. This section is effective from 6 a.m. on
October 29, 2007 until 6 p.m. on November 11, 2007.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Morgan City.
(2) Vessels requiring entry into or passage through the Safety Zone
must
[[Page 60781]]
request permission from the Captain of the Port Morgan City, or a
designated representative. They may be contacted on VHF Channel 11, 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
include commissioned, warrant, and petty officers of the U.S. Coast
Guard.
Dated: October 23, 2007.
J. Scott Paradis,
Captain, U.S. Coast Guard, Captain of the Port Morgan City.
[FR Doc. 07-5354 Filed 10-24-07; 1:09 pm]
BILLING CODE 4910-15-P