Safety Zone; Mile Marker 98.5 West of Harvey Lock Gulf Intracoastal Waterway to Mile Marker 108.5 West of Harvey Lock Gulf Intracoastal Waterway, 36314-36316 [2011-15583]
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Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Rules and Regulations
from 1 p.m. until 6 p.m., June 30, 2011
through July 4, 2011.
Dated: June 10, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2011–15584 Filed 6–21–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0434]
RIN 1625–AA00
Safety Zone; Mile Marker 98.5 West of
Harvey Lock Gulf Intracoastal
Waterway to Mile Marker 108.5 West of
Harvey Lock Gulf Intracoastal
Waterway
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
imposing restrictions on the Gulf
Intracoastal Waterway (GIWW) between
West Harvey Lock Gulf West (WHL)
mile marker 98.5 to 108.5. All vessels
are prohibited from transiting the zone
except as specifically authorized by the
Captain of the Port or a designated
representative. This temporary safety
zone is needed to protect the general
public, levee system, vessels and tows
from destruction, loss or injury due to
hazards associated with rising flood
water.
SUMMARY:
Effective Date: This rule is
effective in the CFR from June 22, 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 26, 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–
0434 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0434 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
jlentini on DSK4TPTVN1PROD with RULES
DATES:
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Jkt 223001
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 Analyses
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.
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. Providing 30 days notice 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
hazards associated with rising flood
water.
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
notifications to the marine community
will be made through broadcast notice
to mariners, Local Notice to Mariners
and Marine Safety Information
Bulletins. Vessels and tows may request
permission and comply with the
necessary restrictions from the Captain
of the Port Morgan City, or a designated
representative, for passage through the
temporary safety zone. Passage through
the safety zone 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.
Basis and Purpose
Captain of the Port Morgan City,
Louisiana has determined that there is
a need to impose temporary safety
restrictions for navigation on certain
waterways due to unprecedented high
water in conjunction with flood control
and protection operations by the Army
Corps of Engineers.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone imposing
restrictions on the Gulf Intracoastal
Waterway (GIWW) between West
Harvey Lock Gulf West (WHL) mile
markers (MM) 98.5 to 108.5 applicable
to all commercial traffic. This will affect
all East-West traffic through Morgan
City on the GIWW. Vessels and tows
may not enter this zone unless
authorized by the Captains of the Port
Morgan City.
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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
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 26, 2011 through
July 31, 2011. This safety zone is not
expected to have a significant economic
impact on a substantial number of small
entities because vessels and tows may
request permission and the necessary
restrictions from the Captain of the Port
Morgan City, or a designated
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Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Rules and Regulations
representative, for passage through the
temporary safety zone.
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.
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.
Assistance for Small Entities
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.
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.
jlentini on DSK4TPTVN1PROD with RULES
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.
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Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
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36315
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
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.
2. A new temporary § 165.T08–0434 is
added to read as follows:
■
§ 165.T08–0434 Safety Zone; Mile Marker
98.5 West of Harvey Lock Gulf Intracoastal
Waterway to Mile Marker 108.5 West of
Harvey Lock Gulf Intracoastal Waterway
(a) Location. Waters of the Gulf
Intracoastal Waterway (GIWW) between
West Harvey Lock Gulf West (WHL) MM
98.5 to MM 108.5.
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36316
Federal Register / Vol. 76, No. 120 / Wednesday, June 22, 2011 / Rules and Regulations
(b) Effective date. This rule is effective
May 26, 2011 through July 31, 2011 and
enforceable with actual notice upon
signature, May 26, 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 11, 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 26, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the
Port Morgan City, Louisiana.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0385]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Mile 180.0 to 179.0
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Upper Mississippi
River, from Mile 180.0 to 179.0,
extending the entire width of the river.
This safety zone is needed to protect
persons, spectators, and vessels from
safety hazards associated with a
demonstration of Marine Corps combat
capabilities. Entry into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Upper Mississippi River or a designated
representative.
DATES: This rule is effective from 12
p.m. on June 23, 2011 through 6 p.m.
CDT on June 25, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0385 and are available online by going
to https://www.regulations.gov, inserting
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SUMMARY:
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If
you have questions on this temporary
rule, call or e-mail Chief Petty Officer
Bryan Klostermeyer, Sector Upper
Mississippi River Response Department
at telephone (314) 269–2566, e-mail
Bryan.K.Klostermeyer@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Regulatory Information
[FR Doc. 2011–15583 Filed 6–21–11; 8:45 am]
ACTION:
USCG–2011–0385 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m. EST, Monday
through Friday, except Federal holidays.
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 using the NPRM process. The Coast
Guard received minimal notice that the
Marine Corps demonstration, which did
not allow for the time needed to publish
a NPRM and provide for a comment
period. Delaying this rule by publishing
a NPRM would be impracticable and
unnecessarily delay the scheduled
demonstration. This rule is needed to
protect vessels and mariners from the
safety hazards associated with such a
demonstration.
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. The Coast Guard received
minimal notice that the Marine Corps
demonstration, which did not allow for
a 30-day notice period. Delaying this
rule by providing 30 days notice would
be impracticable and unnecessarily
delay the scheduled demonstration.
Delaying the rule’s effective date would
be impracticable because immediate
action is needed to protect vessels and
mariners from the safety hazards
associated with a demonstration of
Marine Corps combat capabilities.
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Basis and Purpose
From June 23 through June 25, 2011
the USMC 3rd Battalion, 24th Marines
will conduct a series of demonstrations
of Marine Corps combat capabilities
between Mile 180.0 and 179.0 on the
Upper Mississippi River. This event
presents safety hazards to the navigation
of vessels between Mile 180.0 and
179.0, extending the entire width of the
river. To provide for the safety of the
public, the Coast Guard will temporarily
restrict access to this section of the
Upper Mississippi River during the
scheduled demonstrations.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone for all waters of
the Upper Mississippi River, Mile 180.0
to 179.0, extending the entire width of
the river. Entry into this zone is
prohibited to all vessels and persons
except participants and those persons
and vessels specifically authorized by
the Captain of the Port Upper
Mississippi River. This rule is effective
from 12 noon on June 23, 2011 through
6 p.m. CDT on June 25, 2011. This rule
will be enforced from 3:30 p.m. until 5
p.m. CDT on June 23 and 24, 2011, and
1:30 p.m. until 3 p.m. CDT on June 25,
2011. The Captain of the Port Upper
Mississippi River will inform the public
through broadcast notice to mariners of
all safety zone requirements changes
and enforcement periods.
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 this area, the effect of the rule
is not significant because: (1) This rule
will be in effect for a limited time
period and notifications to the marine
community will be made through local
notice to mariners; and (2) vessels may
be permitted to transit the area by the
Captain of the Port Upper Mississippi
River or designated representative.
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]]>Agencies
[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36314-36316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15583]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0434]
RIN 1625-AA00
Safety Zone; Mile Marker 98.5 West of Harvey Lock Gulf
Intracoastal Waterway to Mile Marker 108.5 West of Harvey Lock Gulf
Intracoastal Waterway
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
imposing restrictions on the Gulf Intracoastal Waterway (GIWW) between
West Harvey Lock Gulf West (WHL) mile marker 98.5 to 108.5. All vessels
are prohibited from transiting the zone except as specifically
authorized by the Captain of the Port or a designated representative.
This temporary safety zone is needed to protect the general public,
levee system, vessels and tows 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 22,
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 26, 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-2011-0434 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0434 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.
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. Providing 30 days notice 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 hazards associated
with rising flood water.
Basis and Purpose
Captain of the Port Morgan City, Louisiana has determined that
there is a need to impose temporary safety restrictions for navigation
on certain waterways due to unprecedented high water in conjunction
with flood control and protection operations by the Army Corps of
Engineers.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone imposing
restrictions on the Gulf Intracoastal Waterway (GIWW) between West
Harvey Lock Gulf West (WHL) mile markers (MM) 98.5 to 108.5 applicable
to all commercial traffic. This will affect all East-West traffic
through Morgan City on the GIWW. Vessels and tows may not enter this
zone unless authorized by the Captains of the Port Morgan City.
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 notifications to the
marine community will be made through broadcast notice to mariners,
Local Notice to Mariners and Marine Safety Information Bulletins.
Vessels and tows may request permission and comply with the necessary
restrictions from the Captain of the Port Morgan City, or a designated
representative, for passage through the temporary safety zone. Passage
through the safety zone 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.
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 26, 2011 through July 31,
2011. This safety zone is not expected to have a significant economic
impact on a substantial number of small entities because vessels and
tows may request permission and the necessary restrictions from the
Captain of the Port Morgan City, or a designated
[[Page 36315]]
representative, for passage through the temporary safety zone.
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 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.T08-0434 is added to read as follows:
Sec. 165.T08-0434 Safety Zone; Mile Marker 98.5 West of Harvey Lock
Gulf Intracoastal Waterway to Mile Marker 108.5 West of Harvey Lock
Gulf Intracoastal Waterway
(a) Location. Waters of the Gulf Intracoastal Waterway (GIWW)
between West Harvey Lock Gulf West (WHL) MM 98.5 to MM 108.5.
[[Page 36316]]
(b) Effective date. This rule is effective May 26, 2011 through
July 31, 2011 and enforceable with actual notice upon signature, May
26, 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 11, 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 26, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2011-15583 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-04-P
