Safety Zone; West Larose Vertical Lift Bridge; Houma, LA, 59049-59052 [2015-24827]
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
adopted by the Commission, the Pacific
Islands Regional Administrator may
specify limits on catch or fishing effort
by fishing vessels of the United States
in the Convention Area, and other
fishing-related restrictions and
requirements (collectively called
‘‘limits’’). The limits will be specified as
may be necessary to carry out the
international obligations of the United
States under the WCPF Convention and
the Act, and will be designed to
implement particular provisions of
Commission-adopted conservation and
management measures. For each
specified limit, the Pacific Islands
Regional Administrator will specify the
area and period in which it applies, and
as appropriate, the vessel types, gear
types, species, fish sizes, and any other
relevant attributes to which it applies.
In addition to quantitative limits on
catches and fishing effort, the Pacific
Islands Regional Administrator may
specify areas or periods in which
particular fishing activities are restricted
or prohibited, and other fishing-related
requirements. For each specified
quantitative limit, the Pacific Islands
Regional Administrator will also specify
the prohibitions and requirements that
would go into effect after the limit is
reached and the applicable dates of
those prohibitions.
(b) Application in territorial seas and
archipelagic waters. Unless stated
otherwise in particular specifications,
the limits specified under the
framework shall not apply in the
territorial seas or archipelagic waters of
the United States or any other nation, as
defined by the domestic laws and
regulations of that nation and
recognized by the United States.
(c) Types of limits. The types of limits
that may be specified under this section
include, but are not limited to:
(1) Limits on the weight or number of
fish or other living marine resources of
specific types and/or sizes that may be
caught, retained, transshipped, landed,
and/or sold;
(2) Limits on the amount of fishing
effort that may be expended, such as the
amount of time vessels spend at sea
(e.g., days at sea) or engaged in fishing
(e.g., fishing days), the amount of time
vessels spend engaged in particular
fishing activities (e.g., trolling hours),
and the quantity of specific fishing
activities (e.g., number of hooks set;
number of longline sets or purse seine
sets; number of purse seine sets made
on FADs; number of FADs deployed);
and
(3) Areas or periods in which
particular activities are restricted or
prohibited, such as periods during
which it is prohibited to set purse seines
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on FADs or to use FADs in specific
other ways.
(d) [Reserved]
(e) Allocation of limits among sectors
or vessels. (1) The Pacific Islands
Regional Administrator may allocate a
Commission-adopted limit among
particular sectors or groups of fishing
vessels of the United States, such as for
vessels that use different types of fishing
gear. In other words, the Pacific Islands
Regional Administrator may specify
separate limits for different sectors or
groups of fishing vessels even when not
required to do so under the
Commission’s conservation and
management measures.
(2) The Pacific Islands Regional
Administrator may not, under this
framework, allocate a Commissionadopted limit among individual fishing
vessels of the United States. In other
words, the Pacific Islands Regional
Administrator may not, under this
framework, specify limits for individual
fishing vessels of the United States,
except in the case where there is only
one fishing vessel in a sector or group
of fishing vessels that is subject to the
limit. This does not preclude NMFS
from allocating Commission-adopted
limits among individual fishing vessels
through other regulations.
(f) Procedures for specifying limits. (1)
For each specified limit, the Pacific
Islands Regional Administrator will
publish in the Federal Register a notice
of the proposed catch or fishing effort
limit specification and a request for
public comment on the proposed
specification, unless exempted under
the Administrative Procedure Act, 5
U.S.C. 553. The specification will
include the characteristics of the limit
and the restrictions that will go into
effect if the limit is reached.
(2) For each specified limit that is
subject to prior notice and public
comment, the Pacific Islands Regional
Administrator will consider any public
comment received on the proposed
specification, and publish in the
Federal Register a notice of the final
catch or fishing effort limit
specification, if appropriate.
(g) Notification of limits being
reached. For quantitative limits, NMFS
will monitor catch or fishing effort with
respect to the specified limit using data
submitted in vessel logbooks and other
available information. When NMFS
estimates or projects that the specified
limit has or will be reached, the Pacific
Islands Regional Administrator will
publish notification to that effect in the
Federal Register.
(h) Prohibitions after limit is reached.
For quantitative limits, the Federal
Register notice published under
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59049
paragraph (g) of this section will include
an advisement that specific activities
will be prohibited during a specific
period. The notice will specify the
prohibitions and their start and end
dates. The start date of the prohibitions
may not be earlier than 7 days after the
date of filing for public inspection at the
Office of the Federal Register the notice
to be published under paragraph (g) of
this section. The prohibited activities
may include, but are not limited to,
possessing, retaining on board,
transshipping, landing, or selling
specific types and/or sizes of fish or
other living marine resources, and
fishing with specified gear types or
methods in specified areas. The Pacific
Islands Regional Administrator may,
based on revised estimates or
projections of catch or fishing effort
with respect to specified limits, rescind
or modify the prohibitions specified
under this section. The Pacific Islands
Regional Administrator will publish
notice of any such rescissions or
modifications in the Federal Register.
[FR Doc. 2015–24853 Filed 9–30–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0886]
RIN 1625–AA00
Safety Zone; West Larose Vertical Lift
Bridge; Houma, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
extending 400 yards east and west of the
West Larose Vertical Lift Bridge in
Bayou Lafourche, LA. This safety zone
is necessary to protect persons,
property, and infrastructure from
potential damage and safety hazards
associated with construction work on
the bridge. During the periods of
enforcement, entry into and transiting or
anchoring within this safety zone is
prohibited unless specifically
authorized by Captain of the Port
(COTP) Morgan City or other designated
representative.
DATES: This rule is effective without
actual notice from October 1, 2015
through 3 p.m. on October 2, 2015. For
the purposes of enforcement, actual
notice will be used from 6 a.m. to 8 a.m.
SUMMARY:
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
and from 1 p.m. to 3 p.m. on September
28, 2015, until October 1, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0886]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 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 rule, call or
email Lieutenant Junior Grade Vanessa
Taylor, Chief of Waterways
Management, U.S. Coast Guard MSU
Morgan City 800 David Dr, Morgan City
LA,70380; telephone (985) 380–5334,
email Vanessa.R.Taylor@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 1–800–
647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
srobinson on DSK5SPTVN1PROD with RULES
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
MSU Marine Safety Unit
A. Regulatory History and Information
The Coast Guard is issuing this 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 doing
so would be impracticable, unnecessary,
and contrary to the public interest. An
NPRM is impracticable and contrary to
the public interest because the Coast
Guard was only notified of the
construction on September 08, 2015 and
the work is scheduled to occur from
September 28, 2015 through October 2,
2015. Providing a full NPRM process
would delay the effectiveness the
temporary safety zone until after the
bridge construction project has been
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completed and immediate action is
needed to protect vessels and the public
from the safety hazards associated with
bridge construction over a public
waterway. Furthermore, an NPRM is
unnecessary because the Coast Guard
will inform the public through
Broadcast Notice to Mariners, Local
Notice to Mariners, and/or Safety
Marine Information Broadcasts of the
enforcement period for the safety zone
as well as any changes in the planned
and published dates and times of
enforcement.
For the same reasons, 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 effectiveness of the rule is
impracticable and contrary to the public
interest because the Coast Guard was
only notified of the construction on
September 08, 2015 and the work is
scheduled to occur from September 28,
2015 through October 02, 2015. Waiting
to apply the rule until it has been
published for 30 days would delay the
effectiveness the temporary safety zone
until after the bridge construction
project has been completed and
immediate action is needed to protect
vessels and the public from the safety
hazards associated with bridge
construction over a public waterway.
Additionally, the Coast Guard will
inform the public through Broadcast
Notice to Mariners, Local Notice to
Mariners, and/or Safety Marine
Information Broadcasts of the
enforcement period for the safety zone
as well as any changes in the planned
and published dates and times of
enforcement.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Department of
Homeland Security Delegation no.
0170.1, which collectively authorize the
Coast Guard to establish and define
safety zones.
The purpose of the rule is to establish
the necessary temporary safety zone to
provide protection for persons and
property, including commercial and
recreational vessels that may be in the
area during the bridge construction
project from the hazards associated with
the project.
C. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone for all waters in
Bayou Lafourche extending 400 yards to
the east and west of the West Larose
Vertical Lift Bridge located at position
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29°34′142″ N, 090°23′109″ W in Bayou
Lafourche, LA from 6 a.m. to 8 a.m. and
1 p.m. to 3 p.m. on September 28, 2015
through October 2, 2015. This
temporary safety zone will be enforced
with actual notice from 6 a.m. to 8 a.m.
and 1 p.m. to 3 p.m. on September 28,
2015 through October 2, 2015.
Entry into, transiting or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
We conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced over two
days. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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. Under the
Regulatory Flexibility Act (5 U.S.C.
601–612), we have considered the
impact of this temporary rule on small
entities. This rule would affect the
following entities, some of which might
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
be small entities: The owners or
operators of recreational vessels
intending to transit or anchor in a
portion of Bayou Lafourche, LA from 6
a.m. to 8 a.m. and 1 p.m. to 3 p.m. on
September 28, 2015 through October 2,
2015.
3. 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).
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
determined that this rule does not have
implications for federalism.
5. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
6. 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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
srobinson on DSK5SPTVN1PROD with RULES
7. 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.
8. 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.
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We have analyzed this rule under
Executive Order 13045, Protection or
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.
10. Indian Tribal Governments
4. Federalism
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9. Protection of Children
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution or power and
responsibilities between the Federal
Government and Indian tribes.
11. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution or Use.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.1D,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that 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
establishing a safety zone. This rule is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusions Determination
are available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(waters), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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59051
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
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. A new temporary § 165.T08–0886 is
added to read as follows:
■
§ 165.T08–0886 Safety Zone; West Larose
Vertical Lift Bridge; Houma, LA.
(a) Location. All waters of Bayou
Lafourche within 400yds to the east and
west of the West Larose Vertical Lift
bridge in position 29°34′142″ N.,
090°23′109″ W.
(b) Effective and Enforcement Period.
This rule is effective from 6 a.m. to 8
a.m. and from 1 p.m. to 3 p.m. on
September 28, 2015 through October 2,
2015. This rule will be enforced with
actual notice from 6 a.m. to 8 a.m. and
from 1 p.m. to 3 p.m. on September 28,
2015 through October 2, 2015.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Morgan City, or his
designated on-scene representative.
(2) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or his
designated on-scene representative may
be contacted via VHF Channel 16.
(3) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Morgan
City or his on-scene representative to
obtain permission to do so. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Morgan City or his
on-scene representative.
(d) Informational Broadcasts. The
COTP Morgan City or a designated
representative will inform the public
through Broadcast Notice to Mariners,
Local Notice to Mariners, and/or Safety
Marine Information Broadcasts of the
enforcement period for the safety zone
as well as any changes in the planned
and published dates and times of
enforcement.
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
Dated: September 10, 2015.
F.L. Gilmore,
Captain, U.S. Coast Guard, Acting Captain
of the Port Morgan City, LA.
[FR Doc. 2015–24827 Filed 9–30–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0455; FRL–9934–81–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; 2011 Base Year Inventories
for the 2008 8-Hour Ozone National
Ambient Air Quality Standard for New
Castle and Sussex Counties
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the 2011 base year
inventories for the 2008 8-hour ozone
National Ambient Air Quality Standard
(NAAQS) for New Castle and Sussex
Counties, submitted by the State of
Delaware. The emission inventories
were submitted to meet the
nonattainment requirements for the
marginal ozone nonattainment areas for
the 2008 8-hour ozone NAAQS. EPA is
approving the 2011 base year emissions
inventories for the 2008 8-hour ozone
NAAQS for New Castle and Sussex
Counties, Delaware, in accordance with
the requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on
November 30, 2015 without further
notice, unless EPA receives adverse
written comment by November 2, 2015.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2015–0455 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2015–0455,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
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DATES:
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D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2015–
0455. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI, or otherwise
protected, through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
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FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Ground-level ozone is formed when
nitrogen oxides (NOX) and volatile
organic compounds (VOC) react in the
presence of sunlight. Referred to as
ozone precursors, these two pollutants
are emitted by many types of pollution
sources, including on- and off-road
motor vehicles and engines, power
plants and industrial facilities, and area
wide sources, such as consumer
products and lawn and garden
equipment. Scientific evidence
indicates that adverse public health
effects occur following a person’s
exposure to ozone, particularly children
and adults with lung disease. Breathing
air containing ozone can reduce lung
function and inflame airways, which
can increase respiratory symptoms and
aggravate asthma or other lung diseases.
As a consequence of this scientific
evidence, EPA promulgated the 0.12
part per million (ppm) 1-hour ozone
NAAQS. See 44 FR 8202 (February 8,
1979).
On July 18, 1997 (62 FR 38855), EPA
promulgated a revised ozone NAAQS of
0.08 ppm, averaged over eight hours.
This standard was determined to be
more protective of public health than
the previous 1979 1-hour ozone
standard. In 2008, EPA revised the 8hour ozone NAAQS from 0.08 to 0.075
ppm. See 73 FR 16436 (March 27, 2008).
On May 21, 2012 (77 FR 30088), New
Castle and Sussex Counties were
designated as marginal nonattainment
for the more stringent 2008 8-hour
ozone NAAQS. New Castle County is
part of the Philadelphia-WilmingtonAtlantic City nonattainment area for the
2008 8-hour ozone NAAQS. Sussex
County is designated as the Seaford
nonattainment area for the 2008 8-hour
ozone NAAQS. Under section 172(c)(3)
of the CAA, Delaware is required to
submit comprehensive, accurate, and
current inventories of actual emissions
from all sources of the relevant
pollutants in its marginal nonattainment
areas, i.e., New Castle and Sussex
Counties.
II. Summary of SIP Revision
Under CAA section 172(c)(3), states
are required to submit a comprehensive,
accurate, current accounting of actual
emissions from all sources (point,
nonpoint, nonroad, and onroad) in the
nonattainment area. CAA section
182(a)(1) requires that areas designated
as nonattainment and classified as
marginal are to submit an inventory of
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]]>Agencies
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Rules and Regulations]
[Pages 59049-59052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24827]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0886]
RIN 1625-AA00
Safety Zone; West Larose Vertical Lift Bridge; Houma, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
extending 400 yards east and west of the West Larose Vertical Lift
Bridge in Bayou Lafourche, LA. This safety zone is necessary to protect
persons, property, and infrastructure from potential damage and safety
hazards associated with construction work on the bridge. During the
periods of enforcement, entry into and transiting or anchoring within
this safety zone is prohibited unless specifically authorized by
Captain of the Port (COTP) Morgan City or other designated
representative.
DATES: This rule is effective without actual notice from October 1,
2015 through 3 p.m. on October 2, 2015. For the purposes of
enforcement, actual notice will be used from 6 a.m. to 8 a.m.
[[Page 59050]]
and from 1 p.m. to 3 p.m. on September 28, 2015, until October 1, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0886]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
call or email Lieutenant Junior Grade Vanessa Taylor, Chief of
Waterways Management, U.S. Coast Guard MSU Morgan City 800 David Dr,
Morgan City LA,70380; telephone (985) 380-5334, email
Vanessa.R.Taylor@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
MSU Marine Safety Unit
A. Regulatory History and Information
The Coast Guard is issuing this 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 doing so would be impracticable,
unnecessary, and contrary to the public interest. An NPRM is
impracticable and contrary to the public interest because the Coast
Guard was only notified of the construction on September 08, 2015 and
the work is scheduled to occur from September 28, 2015 through October
2, 2015. Providing a full NPRM process would delay the effectiveness
the temporary safety zone until after the bridge construction project
has been completed and immediate action is needed to protect vessels
and the public from the safety hazards associated with bridge
construction over a public waterway. Furthermore, an NPRM is
unnecessary because the Coast Guard will inform the public through
Broadcast Notice to Mariners, Local Notice to Mariners, and/or Safety
Marine Information Broadcasts of the enforcement period for the safety
zone as well as any changes in the planned and published dates and
times of enforcement.
For the same reasons, 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
effectiveness of the rule is impracticable and contrary to the public
interest because the Coast Guard was only notified of the construction
on September 08, 2015 and the work is scheduled to occur from September
28, 2015 through October 02, 2015. Waiting to apply the rule until it
has been published for 30 days would delay the effectiveness the
temporary safety zone until after the bridge construction project has
been completed and immediate action is needed to protect vessels and
the public from the safety hazards associated with bridge construction
over a public waterway. Additionally, the Coast Guard will inform the
public through Broadcast Notice to Mariners, Local Notice to Mariners,
and/or Safety Marine Information Broadcasts of the enforcement period
for the safety zone as well as any changes in the planned and published
dates and times of enforcement.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation no. 0170.1, which
collectively authorize the Coast Guard to establish and define safety
zones.
The purpose of the rule is to establish the necessary temporary
safety zone to provide protection for persons and property, including
commercial and recreational vessels that may be in the area during the
bridge construction project from the hazards associated with the
project.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone for all
waters in Bayou Lafourche extending 400 yards to the east and west of
the West Larose Vertical Lift Bridge located at position
29[deg]34'142'' N, 090[deg]23'109'' W in Bayou Lafourche, LA from 6
a.m. to 8 a.m. and 1 p.m. to 3 p.m. on September 28, 2015 through
October 2, 2015. This temporary safety zone will be enforced with
actual notice from 6 a.m. to 8 a.m. and 1 p.m. to 3 p.m. on September
28, 2015 through October 2, 2015.
Entry into, transiting or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced over two days. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. This
rule would affect the following entities, some of which might
[[Page 59051]]
be small entities: The owners or operators of recreational vessels
intending to transit or anchor in a portion of Bayou Lafourche, LA from
6 a.m. to 8 a.m. and 1 p.m. to 3 p.m. on September 28, 2015 through
October 2, 2015.
3. 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).
4. Federalism
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 determined
that this rule does not have implications for federalism.
5. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
6. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
7. 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.
8. 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.
9. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
or 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.
10. 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 substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution or power and responsibilities
between the Federal Government and Indian tribes.
11. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution or Use.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that 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 establishing a safety zone. This rule
is categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusions
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (waters), 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. A new temporary Sec. 165.T08-0886 is added to read as follows:
Sec. 165.T08-0886 Safety Zone; West Larose Vertical Lift Bridge;
Houma, LA.
(a) Location. All waters of Bayou Lafourche within 400yds to the
east and west of the West Larose Vertical Lift bridge in position
29[deg]34'142'' N., 090[deg]23'109'' W.
(b) Effective and Enforcement Period. This rule is effective from 6
a.m. to 8 a.m. and from 1 p.m. to 3 p.m. on September 28, 2015 through
October 2, 2015. This rule will be enforced with actual notice from 6
a.m. to 8 a.m. and from 1 p.m. to 3 p.m. on September 28, 2015 through
October 2, 2015.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Morgan City, or his designated on-scene representative.
(2) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
(3) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Morgan City or his on-scene
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Morgan City or his
on-scene representative.
(d) Informational Broadcasts. The COTP Morgan City or a designated
representative will inform the public through Broadcast Notice to
Mariners, Local Notice to Mariners, and/or Safety Marine Information
Broadcasts of the enforcement period for the safety zone as well as any
changes in the planned and published dates and times of enforcement.
[[Page 59052]]
Dated: September 10, 2015.
F.L. Gilmore,
Captain, U.S. Coast Guard, Acting Captain of the Port Morgan City, LA.
[FR Doc. 2015-24827 Filed 9-30-15; 8:45 am]
BILLING CODE 9110-04-P
