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 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 http://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 http:// 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 http://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