Safety Zone; Waterway Closure, Atchafalaya River From Mile Marker 117 (Morgan City Railroad Bridge) to Mile Marker 0 (Simmesport, LA), 35104-35106 [2011-14922]
Download as PDF
<![CDATA[
35104
Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Rules and Regulations
month period; and required training,
including recurrent ground and flight
training. Additionally this rule allowed
check airman and flight instructors to
obtain all of their flight training in
simulators, as opposed to the then
current scheme in which initial and
transition flight training must include
an in-flight element.
Technical Amendment
This technical amendment makes two
revisions to the final rule: (1) The
language in § 121.412(f)(2) incorrectly
uses the term ‘‘check airman’’ when the
term ‘‘flight instructor’’ should have
been used; and (2) the language in
§ 135.338(f)(2) incorrectly uses the term
‘‘check airman’’ when the term ‘‘flight
instructor’’ should have been used.
Accordingly, this technical amendment
revises §§ 121.412(f)(2) and
135.338(f)(2).
Because the changes in this technical
amendment result in no substantive
change, we find good cause exists under
5 U.S.C. 553(d)(3) to make the
amendment effective in less than 30
days.
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol
abuse, Aviation safety, Charter flights,
Drug abuse, Drug testing, Reporting and
recordkeeping requirements, Safety, and
Transportation.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol
abuse, Aviation safety, Drug abuse, Drug
testing, and Reporting and
recordkeeping requirements.
The Amendments
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations as follows:
program preceding the performance of
any flight instructor duty in a flight
simulator.
*
*
*
*
*
PART 135—OPERATING
REQUIREMENTS: COMMUTER AND
ON DEMAND OPERATIONS AND
RULES GOVERNING PERSONS ON
BOARD SUCH AIRCRAFT
3. The authority citation for part 135
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 41706, 40113,
44701–44702, 44705, 44709, 44711–44713,
44715–44717, 44722, 45101–45105.
4. Amend § 135.338 by revising
paragraph (f)(2) to read as follows:
■
§ 135.338 Qualifications: Flight instructors
(aircraft) and flight instructors (simulator).
*
*
*
*
*
(f) * * *
(2) Satisfactorily complete an
approved line-observation program
within the period prescribed by that
program preceding the performance of
any flight instructor duty in a flight
simulator.
*
*
*
*
*
Issued in Washington, DC, on June 10,
2011.
Dennis R. Pratte,
Acting Director, Office of Rulemaking.
[FR Doc. 2011–14999 Filed 6–15–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0433]
RIN 1625–AA00
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
Safety Zone; Waterway Closure,
Atchafalaya River From Mile Marker
117 (Morgan City Railroad Bridge) to
Mile Marker 0 (Simmesport, LA)
1. The authority citation for part 121
continues to read as follows:
AGENCY:
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 46105.
SUMMARY:
■
ACTION:
2. Amend § 121.412 by revising
paragraph (f)(2) to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
§ 121.412 Qualifications: Flight instructors
(airplane) and flight instructors (simulator).
*
*
*
*
*
(f) * * *
(2) Satisfactorily complete an
approved line-observation program
within the period prescribed by that
VerDate Mar<15>2010
16:24 Jun 15, 2011
Jkt 223001
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone
closing the Atchafalaya River to all
commercial traffic from MM 117
(Morgan City Railroad Bridge) to MM 0
(Simmesport, LA). This temporary
safety zone is needed to protect the
general public, vessels and tows from
destruction, and the levee system from
destruction, loss or injury due to
hazards associated with rising flood
water.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Effective Date: this rule is
effective in the CFR from June 16, 2011
until 11:59 p.m. July 31, 2011. This rule
is effective with actual notice for
purposes of enforcement beginning
12:01 a.m. May 16, 2011 through 11:59
p.m. July 31, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0433 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0433 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 (LT)
Russell Pickering, Coast Guard;
telephone 985–380–5334, e-mail
russell.t.pickering@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
DATES:
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 since immediate action is
needed to protect the general public,
levee system, vessels and tows from the
hazards associated with rising flood
water on the Atchafalaya River.
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 since immediate action is
needed to protect the general public,
levee system, vessels and tows from
destruction, loss or injury due to the
E:\FR\FM\16JNR1.SGM
16JNR1
Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Rules and Regulations
hazards associated with rising flood
water in the Atchafalaya River.
Basis and Purpose
Captain of the Port Morgan City,
Louisiana has determined that there is
a need to establish a temporary safety
zone due to high water. This temporary
safety zone is needed to protect the
general public, levee system, vessels
and tows from destruction, loss or
injury from flood waters and associated
hazards.
Discussion of Rule
The Coast Guard is establishing a
temporary Safety Zone in the
Atchafalaya River for all commercial
traffic from MM 117 (Morgan City
Railroad Bridge) to MM 0 (Simmesport,
LA). Vessels and tows may not enter
this zone unless authorized by the
Captain of the Port Morgan City or
designated representative.
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.
mstockstill on DSK4VPTVN1PROD with RULES
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.
Although this regulation will restrict
access to the area, the effect of the rule
will not be significant because vessels
requiring entry into or passage through
the Safety Zone may request permission
from the Captain of the Port Morgan
City, or a designated representative and
entry will be evaluated on a case-bycase basis to minimize impact and
protect the general public, levee system,
vessels and tows from destruction, loss
or injury due to the hazards associated
with rising flood water. Notifications to
the marine community will be made
through broadcast notices to mariners
and Local Notices to Mariners and
Marine Safety Information Bulletins.
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
VerDate Mar<15>2010
16:24 Jun 15, 2011
Jkt 223001
35105
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 May 16, 2011 through
July 31, 2011. This temporary safety
zone is not expected to have a
significant economic impact on a
substantial number of small entities
because vessels and tows requiring
entry into or passage through the
temporary safety zone may request
permission from the Captain of the Port
Morgan City, or a designated
representative. If you are a small
business entity and are significantly
affected by this regulation, please
contact LT Russell Pickering, Marine
Safety Unit Morgan City, at (985) 380–
5334.
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.
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.
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.
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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
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 affect 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
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
E:\FR\FM\16JNR1.SGM
16JNR1
35106
Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Rules and Regulations
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
determination will be provided and
made available at the docket as
indicated in the ADDRESSES section.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 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.
2. A new temporary § 165.T08–0433 is
added to read as follows:
■
§ 165.T08–0433 Safety Zone; Waterway
Closure, Atchafalaya River from Mile Marker
117 (Morgan City Railroad Bridge) to Mile
Marker 0 (Simmesport, LA).
(a) Location. This temporary safety
zone is located on the specified waters
of the Atchafalaya River between MM
117 (Morgan City Railroad Bridge) and
MM 0 (Simmesport, LA).
(b) Effective date. This rule is effective
May 16, 2011 through July 31, 2011 and
enforceable with actual notice upon
signature, May 16, 2011.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 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 985–380–5370.
(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: May 16, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the
Port Morgan City, Louisiana.
E.M. Stanton,
Captain, U.S. Coast Guard Captain of the
Port New Orleans, Louisiana.
[FR Doc. 2011–14922 Filed 6–15–11; 8:45 am]
BILLING CODE 9110–04–P
mstockstill on DSK4VPTVN1PROD with RULES
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(Water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
VerDate Mar<15>2010
16:24 Jun 15, 2011
Jkt 223001
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
33 CFR Part 165
[Docket No. USCG–2011–0228]
RIN 1625–AA00
Safety Zone, Brandon Road Lock and
Dam to Lake Michigan Including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, and
Calumet-Saganashkee Channel,
Chicago, IL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a permanent safety zone
from Brandon Road Lock and Dam to
Lake Michigan. This safety zone will
cover 77 miles of navigable waterways
in the Chicago area and is intended to
restrict vessels from entering certain
segments of the navigable waters of the
Des Plaines River, the Chicago Sanitary
and Ship Canal, branches of the Chicago
River, and the Calumet-Saganashkee
Channel. This safety zone is necessary
to protect the waters, waterway users
and vessels from hazards associated
with a myriad of actions designed to
control the spread of aquatic nuisance
species. Because the Asian Carp
Regional Coordinating Committee
(ACRCC) may take such actions at any
time and in any segment of the
waterways covered by this safety zone,
this safety zone will provide the Captain
of the Port, Sector Lake Michigan, the
ability to take targeted and expeditious
action to protect vessels and persons
from the hazards associated with any
Federal and state efforts to control
aquatic nuisance species.
DATES: This rule is effective July 18,
2011.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket USCG–2011–0228 and are
available online at https://
www.regulations.gov. This material is
also available for inspection or copying
at two locations: 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 and the U.S.
Coast Guard Sector Lake Michigan, 2420
South Lincoln Memorial Drive,
Milwaukee, WI 53207, between 8 a.m.
SUMMARY:
E:\FR\FM\16JNR1.SGM
16JNR1
]]>Agencies
[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Rules and Regulations]
[Pages 35104-35106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14922]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0433]
RIN 1625-AA00
Safety Zone; Waterway Closure, Atchafalaya River From Mile Marker
117 (Morgan City Railroad Bridge) to Mile Marker 0 (Simmesport, LA)
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
closing the Atchafalaya River to all commercial traffic from MM 117
(Morgan City Railroad Bridge) to MM 0 (Simmesport, LA). This temporary
safety zone is needed to protect the general public, vessels and tows
from destruction, and the levee system from destruction, loss or injury
due to hazards associated with rising flood water.
DATES: Effective Date: this rule is effective in the CFR from June 16,
2011 until 11:59 p.m. July 31, 2011. This rule is effective with actual
notice for purposes of enforcement beginning 12:01 a.m. May 16, 2011
through 11:59 p.m. July 31, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0433 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0433 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 (LT) Russell Pickering, Coast
Guard; telephone 985-380-5334, e-mail russell.t.pickering@uscg.mil. 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 since immediate action is needed to protect the general
public, levee system, vessels and tows from the hazards associated with
rising flood water on the Atchafalaya River.
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 since immediate action is needed
to protect the general public, levee system, vessels and tows from
destruction, loss or injury due to the
[[Page 35105]]
hazards associated with rising flood water in the Atchafalaya River.
Basis and Purpose
Captain of the Port Morgan City, Louisiana has determined that
there is a need to establish a temporary safety zone due to high water.
This temporary safety zone is needed to protect the general public,
levee system, vessels and tows from destruction, loss or injury from
flood waters and associated hazards.
Discussion of Rule
The Coast Guard is establishing a temporary Safety Zone in the
Atchafalaya River for all commercial traffic from MM 117 (Morgan City
Railroad Bridge) to MM 0 (Simmesport, LA). Vessels and tows may not
enter this zone unless authorized by the Captain of the Port Morgan
City or designated representative.
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.
Although this regulation will restrict access to the area, the
effect of the rule will not be significant because vessels requiring
entry into or passage through the Safety Zone may request permission
from the Captain of the Port Morgan City, or a designated
representative and entry will be evaluated on a case-by-case basis to
minimize impact and protect the general public, levee system, vessels
and tows from destruction, loss or injury due to the hazards associated
with rising flood water. Notifications to the marine community will be
made through broadcast notices to mariners and Local Notices to
Mariners and Marine Safety Information Bulletins.
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 May 16, 2011 through July 31,
2011. This temporary safety zone is not expected to have a significant
economic impact on a substantial number of small entities because
vessels and tows requiring entry into or passage through the temporary
safety zone may request permission from the Captain of the Port Morgan
City, or a designated representative. If you are a small business
entity and are significantly affected by this regulation, please
contact LT Russell Pickering, Marine Safety Unit Morgan City, at (985)
380-5334.
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 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 affect 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
[[Page 35106]]
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
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.
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; 46 U.S.C. Chapter 701, 3306, 3703;
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.T08-0433 is added to read as follows:
Sec. 165.T08-0433 Safety Zone; Waterway Closure, Atchafalaya River
from Mile Marker 117 (Morgan City Railroad Bridge) to Mile Marker 0
(Simmesport, LA).
(a) Location. This temporary safety zone is located on the
specified waters of the Atchafalaya River between MM 117 (Morgan City
Railroad Bridge) and MM 0 (Simmesport, LA).
(b) Effective date. This rule is effective May 16, 2011 through
July 31, 2011 and enforceable with actual notice upon signature, May
16, 2011.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 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 985-380-5370.
(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: May 16, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
E.M. Stanton,
Captain, U.S. Coast Guard Captain of the Port New Orleans, Louisiana.
[FR Doc. 2011-14922 Filed 6-15-11; 8:45 am]
BILLING CODE 9110-04-P
