[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71543-71545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29670]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0999]
RIN 1625-AA00
Safety Zone; Gulf Intracoastal Waterway, Mile Marker 49.0 to
50.0, west of Harvey Locks, Bank to Bank, Bayou Blue Pontoon Bridge,
Lafourche Parish, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Gulf Intracoastal Waterway extending from Mile Marker 49.0 to Mile
Marker 50.0, bank to bank, West of Harvey Locks, Lafourche Parish, LA.
This Safety Zone is needed to protect the general public, vessels, and
tows from destruction, loss, or injury due to repairs of the Bayou Blue
Pontoon Bridge and associated hazards.
DATES: This rule is effective in the CFR on November 24, 2010 through
February 28, 2011. This rule is effective with actual notice for
purposes of enforcement on October 28, 2010. This rule will remain in
effect until February 28, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0999 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0999 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Junior Grade (LTJG) Barron
Lacy, Coast Guard; telephone 985-857-8507 ext. 232, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 publishing a NPRM would be
impracticable, as immediate action is needed to protect the general
public, vessel and tows from hazards associated with the repairs of the
Bayou Blue Pontoon Bridge, Mile Marker 49.8, Gulf Intracoastal
Waterway, West of Harvey Locks.
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. Publishing a NPRM and delaying its
effective date would be impracticable, as immediate action is needed to
protect the general public, vessel and tows from hazards associated
with the repairs of the Bayou Blue Pontoon Bridge, Mile Marker 49.8,
Gulf Intracoastal Waterway, West of Harvey Locks.
Background and Purpose
The Bayou Blue Pontoon Bridge on State Route 316 across the Gulf
Intracoastal Waterway, Mile 49.8 West of Harvey Lock, near Bourg,
Louisiana has been severely damaged as the result of a vessel allision.
The pontoon barge has been secured along the north side of the waterway
and protrudes approximately 30 feet into the navigational channel. Most
of the fender system has been destroyed or has been seriously damaged.
As a result, the bridge must be repaired, and the Coast Guard is
establishing a safety zone to ensure the safety of persons and vessels
due to the hazards during this time.
Discussion of Rule
The Coast Guard is establishing a temporary Safety Zone in the Gulf
Intracoastal Waterway from Mile Marker 49.0 to 50.0, bank to bank, West
of Harvey locks. The temporary Safety Zone will continue from November
1, 2010 through February 28, 2011. Vessels and tows may not enter this
zone unless authorized by the Captain of the Port Morgan City.
In order to facilitate repairs, the following waterway closure
schedule will be implemented Mondays through Fridays beginning November
1, 2010 and continuing through the end of February, 2011, at the
following times:
6 a.m. to 10:30 a.m.--Complete closure with the exception of small
tows less than 40 feet wide and small boats.
10:30 a.m. to 1:30 p.m.--Open to all tows with eastbound traffic
allowed to transit first, followed by westbound traffic.
1:30 p.m. to 6 p.m.--Complete closure with the exception of small
tows less than 40 feet and small boats. Outside of the above closure
times and on weekends, mariners will be able to transit through the
work zone unrestricted. Additionally, no waterway restrictions will
occur during the following holidays: Thanksgiving holidays (November 25
through 28, 2010); Christmas Holidays (December 24 through 26, 2010)
and New Year's Holidays (December 31, 2010 through January 2, 2011).
Diving operations will be conducted throughout the repair operation.
All mariners are to contact the bridge on VHF-FM Channel 13 or at
telephone 985-857-3666 in advance of arriving at the bridge for
clearance and passing instructions. Mariners may also contact the
attendant tug, M/V MISS DIXIE on VHF-FM Channel 13. Once cleared for
passage, mariners should exercise extreme caution and transiting
through the bridge at slowest safe speed.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
[[Page 71544]]
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 and Local Notice to Mariners. The impacts on routine
navigation are expected to be minimal.
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 the Safety Zone from 01 NOV, 2010 through 28 FEB, 2011.
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 a short period of time.
If you are a small business entity and are significantly affected
by this regulation, please contact LTJG Barron Lacy, Marine Safety Unit
Houma, at 985-857-8507 ext. 232.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer 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). 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.
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 (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.
Taking of Private Property
This rule will not cause 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 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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves an emergency situation
and will be in effect for over one week, but is not expected to result
in any significant adverse environmental impact as described in NEPA.
An environmental analysis checklist and a categorical exclusion
[[Page 71545]]
determination will be provided and made available at the docket as
indicated in the ADDRESSES section.
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, 3306,
3703; 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 Sec. 165.T08-0999 to read as follows:
Sec. 165.T08-0999 Safety Zone; Gulf Intracoastal Waterway, Mile
Marker 49.0 to Mile Marker 50.0, West of Harvey Locks, bank to bank,
Lafourche Parish, LA.
(a) Enforcement areas. Gulf Intracoastal Waterway, Mile Marker 49.0
to Mile Marker 50.0, West of Harvey Locks, bank to bank, Lafourche
Parish, LA.
(b) Enforcement times. This safety zone will be enforced at the
following times:
(1) 6 a.m. to 10:30 a.m.--Complete closure with the exception of
small tows less than 40 feet wide and small boats.
(2) 10:30 a.m. to 1:30 p.m.--Open to all tows with eastbound
traffic allowed to transit first, followed by westbound traffic.
(3) 1:30 p.m. to 6 p.m.--Complete closure with the exception of
small tows less than 40 feet and small boats.
(4) Outside of the above closure times and on weekends, mariners
will be able to transit through the work zone unrestricted.
Additionally, no waterway restrictions will occur during the following
holidays: Thanksgiving holidays (November 25 through 28, 2010);
Christmas Holidays (December 24 through 26, 2010) and New Year's
Holidays (December 31, 2010 through January 2, 2011).
(b) Effective date. This rule is effective from October 28, 2010,
through February 28, 2011.
(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 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) 857-8507.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Morgan City and designated on-scene patrol
personnel. On-scene patrol personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
Dated: October 28, 2010.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2010-29670 Filed 11-23-10; 8:45 am]
BILLING CODE 9110-04-P