Safety Zone; Houma Navigation Canal, From Waterway Mile Markers 19.0 to 20.0, Southwest of Bayou Plat, Bank to Bank, Terrebonne Parish, LA, 45421-45424 [2011-19185]
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Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0677]
Drawbridge Operation Regulation;
China Basin, San Francisco, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Third
Street Drawbridge across China Basin,
mile 0.0, at San Francisco, CA. The
deviation is necessary to allow the
public to cross the bridge to participate
in the scheduled San Francisco
Marathon, a community event. This
deviation allows the bridge to remain in
the closed-to-navigation position during
the deviation period.
DATES: This deviation is effective from
7 a.m. to 1 p.m. on July 31, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of the docket USCG–
2011–0677 and are available online by
going to https://www.regulations.gov,
inserting USCG–2011–0677 in the
‘‘Keyword’’ box and then clicking
‘‘Search’’. They are also available for
inspection or copying at the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, e-mail
David.H.Sulouff@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The City
of San Francisco requested a temporary
change to the operation of the Third
Street Drawbridge, mile 0.0, over China
Basin, at San Francisco, CA. The Third
Street Drawbridge navigation span
provides a vertical clearance of 7 feet
above Mean High Water in the closedto-navigation position. The draw opens
on signal if at least one hour notice is
given as required by 33 CFR 117.149.
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SUMMARY:
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Navigation on the waterway is
recreational.
The drawspan will be secured in the
closed-to-navigation position 7 a.m. to 1
p.m. on July 31, 2011, to allow
participants in the San Francisco
Marathon to cross the bridge during the
event. This temporary deviation has
been coordinated with the waterway
users. No objections to the proposed
temporary deviation were raised. The
drawspan can be operated upon one
hour advance notice for emergencies
requiring the passage of waterway
traffic.
Vessels that can transit the bridge,
while in the closed-to-navigation
position, may continue to do so at any
time.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: July 12, 2011.
D.H. Sulouff,
Bridge Section Chief, Eleventh Coast Guard
District.
[FR Doc. 2011–19187 Filed 7–28–11; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0523]
RIN 1625–AAOO
Safety Zone; Houma Navigation Canal,
From Waterway Mile Markers 19.0 to
20.0, Southwest of Bayou Plat, Bank to
Bank, Terrebonne Parish, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the Houma Navigation Canal, from
Waterway Mile Markers 19.0 to 20.0,
Southwest of Bayou Plat, bank to bank,
Terrebonne Parish, Louisiana. This
temporary safety zone is needed to
protect the general public, vessels and
tows from destruction, loss or injury
due to the installation of flood control
structures/barriers. Vessels and tows
transiting this zone transiting the
specified water are required to proceed
at slowest safe speed to minimize wake.
If necessary, entry into, transit through,
mooring, or anchoring within the safety
zone during time of enforcement may be
prohibited unless authorized by the
SUMMARY:
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Captain of the Port, Morgan City or
designated representative.
DATES: Effective Date: this rule is
effective in the CFR from July 29, 2011
until 11:59 p.m., March 14, 2013. This
rule is effective with actual notice for
purposes of enforcement beginning
12:01 a.m June 27, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0523 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0523 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Ensign (ENS)
Nicholas Jones, Coast Guard; telephone
985–857–8507 ext. 232, e-mail
Nicholas.B.Jones@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 contrary
to public interest due to the amount of
notification received by the Coast Guard
and the contractually imposed timeline
for the installation of flood control
structures/barriers. The Coast Guard
received notice of the installation
timeline in late May and promptly
completed its required review and
approval of the plan in June, leaving
insufficient time to complete the NPRM
process before the initial canal
operations in June. Additionally,
delaying the canal operations will
impact L & A Contracting Co.
requirements for delivery and
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Federal Register / Vol. 76, No. 146 / Friday, July 29, 2011 / Rules and Regulations
installation by Mar 2013. Therefore, it
would be impracticable to publish a
NPRM and immediate action is needed
to protect the personnel, general public,
vessel and tows, and mariners from
hazards associated with the installation
process.
Under 5 U.S.C. 553(d)(3), based on the
contractually imposed timeline and the
notification received by the Coast Guard
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. The
installation timeline presented to the
USCG required immediate action and a
delayed effective date would be contrary
to public interest. Delaying or
rescheduling the installation to provide
30 days notice also is impractical
because the contractual timelines for
beginning delivery and installation of
the canal structures/barriers are in June,
2011. By making the rule effective
immediately upon publication and
enforceable with actual notice upon
signature, the delivery and installation
of the canal structures/barriers can
continue under the applicable contract.
Delaying the effective date would be
impracticable as immediate action is
need to protect the personnel, general
public, vessel and tows, and mariners
from hazards associated with the
installation process.
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Basis and Purpose
The Coast Guard received notice and
application for the installation of Flood
Control Structures/Barriers in the
Houma Navigation Canal, from
Waterway Mile Markers 19.0 to 20.0,
southwest of Bayou Plat, Terrebonne
Parish, LA. These structures/barriers are
part of a plan to implement storm surge
protection identified as Reach F and
Segment 1 of Reach G of the Morganza
to the Gulf hurricane protection system.
The installation of the Flood Control
Structures/Barriers requires the staging
of equipment along the banks of the
Houma Navigation Canal. To protect the
general public, vessels and tows from
destruction, loss or injury due to the
installation, the Coast Guard is
establishing a temporary safety zone
which will continue through March 14,
2013. Vessels and tows transiting this
zone will proceed at slowest safe speed
to minimize wake.
Discussion of Rule
The Coast Guard is establishing a
temporary Safety Zone in the Houma
Navigation Canal, from Waterway Mile
Markers 19.0 to 20.0, Southwest of
Bayou Plat, bank to bank, Terrebonne
Parish, LA. The temporary safety zone
will continue through 11:59 p.m., March
14, 2013. Vessels and tows transiting
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this zone will proceed at slowest safe
speed to minimize wake. All work on
the project is scheduled to be complete
by March 14, 2013.
The installation of the Flood Control
Structures/Barriers requires the staging
of equipment along the banks of the
Houma Navigation Canal. The sequence
of construction must allow a minimum
of 125 feet for navigation to be open
continuously as coordinated and
approved by the U.S. Coast Guard and
local industry.
The installation process will involve
the following activities which are
estimated to occur as scheduled, but
Broadcast Notice to Mariners and Local
Notice to Mariners will be used to
inform the public of the safety zone
enforcement periods as the project
progresses.
Beginning on June 27, 2011, between
Houma Navigation Canal Mile Markers
19.0 to 20.0, slowest safe speed to
minimize wake will be required by all
mariners transiting the zone until
installation is completed on March 14,
2013.
During the installation, any
anticipated waterway closures, if
necessary to assist in the installation
process, will be made through Broadcast
Notice to Mariners and Local Notice to
Mariners. During a closure, vessels and
tows may request permission and the
necessary restrictions from the Captain
of the Port Morgan City, or a designated
representative, for passage through the
Safety Zone. During a closure, passage
through the safety zone will be
evaluated on a case-by-case basis.
Mariners should exercise extreme
caution when transiting through the
construction site and pass at slowest
safe speed to minimize wake.
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.
This rule will only require mariners to
proceed at the slowest safe speed to
minimize wake while transiting the
safety zone and any waterways closures
needed to assist in the installation will
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be made through Broadcast Notice to
Mariners and Local Notice to Mariners.
Passage during a closure may be
requested and will be considered on a
case-by-case basis. The impacts on
routine navigation are expected to be
minimal.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit through the
safety zone June 27, 2011 through
March 14, 2013. This safety zone will
not have a significant economic impact
on a substantial number of small entities
because the slowest safe speed to
minimize wake is the only requirement
through March 14, 2013. Any waterway
closures, if necessary to assist in the
installation process, will be made
through Broadcast Notice to Mariners
and Local Notice to Mariners. Passage
during a closure may be requested and
will be considered on a case-by-case
basis.
If you are a small business entity and
are significantly affected by this
regulation, please contact ENS Nicholas
Jones, Marine Safety Unit Houma, at
(985) 857–8507 ext. 232.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
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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 effect 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.
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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
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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
establishes a temporary safety zone to
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45423
protect the public from the dangers
associated with construction activity.
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.T11–0523 is
added to read as follows:
■
§ 165.T11–0523 Safety Zone; Houma
Navigation Canal, From Waterway Mile
Markers 19.0 to 20.0, Southwest of Bayou
Plat, Bank to Bank, Terrebonne Parish, LA.
(a) Location. Houma Navigation
Canal, from Waterway Mile Markers
19.0 to 20.0, Southwest of Bayou Plat,
bank to bank, Terrebonne Parish,
Louisiana.
(b) Effective date. This rule is effective
June 27, 2011, through March 14, 2013.
(c) Periods of Enforcement. This rule
will be enforced upon signature through
March 14, 2013. The Captain of the Port
Morgan City or a designated
representative will inform the public
through Broadcast Notice to Mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
(d) Regulations. (1) In accordance
with the general regulations in 33 CFR
part 165, subpart C, entry into this zone
should be at slowest safe speed to
minimize wake unless authorized by the
Captain of the Port Morgan City.
(2) Mariners shall transit through the
construction site and pass at slowest
safe speed to minimize wake.
(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.
(4) Any anticipated waterway closures
will be made through Broadcast Notice
to Mariners and Local Notice to
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Mariners. During a closure, 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 and passage will be
considered on a case-by-case basis. They
may be contacted on VHF Channel 11,
13, or 16, or by telephone at (985) 380–
5370.
Dated: June 21, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the
Port Morgan City, Louisiana.
[FR Doc. 2011–19185 Filed 7–28–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0419; FRL–9445–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Determinations of
Attainment of the 1997 Fine Particle
Standard for the Harrisburg-LebanonCarlisle, Johnstown, Lancaster, York,
and Reading Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to determine that the HarrisburgLebanon-Carlisle (Harrisburg),
Johnstown, Lancaster, York, and
Reading fine particle (PM2.5)
nonattainment areas (the Areas) in the
Commonwealth of Pennsylvania have
attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS)
by the applicable attainment date of
April 5, 2010. These determinations are
based upon complete, quality assured,
and certified ambient air monitoring
data that show the Areas monitored
attainment of the 1997 annual PM2.5
NAAQS for the 2007–2009 monitoring
period. EPA is finding these Areas to be
in attainment in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on
September 27, 2011 without further
notice, unless EPA receives adverse
written comment by August 29, 2011. If
EPA receives such comments, it will
publish a timely withdrawal of the
direct final rules in the Federal Register
and inform the public that the rules will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
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DATES:
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R03–OAR–2011–0419 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2011–0419,
Cristina Fernandez, Associate Director,
Office of Air Quality Planning, Mailcode
3AP30, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2011–
0419. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
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the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Gaige, (215) 814–5676, or by
e-mail at gaige.elizabeth@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
This supplementary information
section is arranged as follows:
I. What actions are EPA taking?
II. What is the background of these actions?
III. What is EPA’s analysis of the relevant air
quality data?
IV. What are the effects of these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What actions are EPA taking?
In accordance with section 179(c)(1)
of the CAA, EPA is determining that the
Harrisburg, Johnstown, Lancaster, York,
and Reading PM2.5 nonattainment areas
have attained the 1997 annual PM2.5
NAAQS by the applicable attainment
date of April 5, 2010 and in accordance
with EPA’s PM2.5 Implementation Rule
of April 25, 2007 (72 FR 20664). These
determinations are based upon
complete, quality assured, and certified
ambient air monitoring data from 2007–
2009 that show the Areas monitored
attainment of the 1997 annual PM2.5
NAAQS during this monitoring period.
II. What is the background for these
actions?
On July 18, 1997 (62 FR 36852), EPA
established a health-based PM2.5
NAAQS at 15.0 micrograms per cubic
meter (μg/m3) based on a 3-year average
of annual mean PM2.5 concentrations
(hereafter referred to as ‘‘the annual
PM2.5 NAAQS’’ or ‘‘the annual
standard’’). At that time, EPA also
established a 24-hour standard of 65 μg/
m3 (the ‘‘1997 24-hour standard’’). See
40 CFR 50.7. On January 5, 2005 (70 FR
944), EPA published its air quality
designations and classifications for the
1997 PM2.5 NAAQS based upon air
quality monitoring data for calendar
years 2001–2003. These designations
became effective on April 5, 2005. The
Harrisburg, Johnstown, Lancaster, York,
and Reading areas were designated
nonattainment for the 1997 annual
PM2.5 NAAQS during this designations
process. See 40 CFR 81.339. The
Harrisburg nonattainment area consists
E:\FR\FM\29JYR1.SGM
29JYR1
]]>Agencies
[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Rules and Regulations]
[Pages 45421-45424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19185]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0523]
RIN 1625-AAOO
Safety Zone; Houma Navigation Canal, From Waterway Mile Markers
19.0 to 20.0, Southwest of Bayou Plat, Bank to Bank, Terrebonne Parish,
LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Houma Navigation Canal, from Waterway Mile Markers 19.0 to 20.0,
Southwest of Bayou Plat, bank to bank, Terrebonne Parish, Louisiana.
This temporary safety zone is needed to protect the general public,
vessels and tows from destruction, loss or injury due to the
installation of flood control structures/barriers. Vessels and tows
transiting this zone transiting the specified water are required to
proceed at slowest safe speed to minimize wake. If necessary, entry
into, transit through, mooring, or anchoring within the safety zone
during time of enforcement may be prohibited unless authorized by the
Captain of the Port, Morgan City or designated representative.
DATES: Effective Date: this rule is effective in the CFR from July 29,
2011 until 11:59 p.m., March 14, 2013. This rule is effective with
actual notice for purposes of enforcement beginning 12:01 a.m June 27,
2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0523 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0523 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign (ENS) Nicholas Jones, Coast
Guard; telephone 985-857-8507 ext. 232, e-mail
Nicholas.B.Jones@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 contrary
to public interest due to the amount of notification received by the
Coast Guard and the contractually imposed timeline for the installation
of flood control structures/barriers. The Coast Guard received notice
of the installation timeline in late May and promptly completed its
required review and approval of the plan in June, leaving insufficient
time to complete the NPRM process before the initial canal operations
in June. Additionally, delaying the canal operations will impact L & A
Contracting Co. requirements for delivery and
[[Page 45422]]
installation by Mar 2013. Therefore, it would be impracticable to
publish a NPRM and immediate action is needed to protect the personnel,
general public, vessel and tows, and mariners from hazards associated
with the installation process.
Under 5 U.S.C. 553(d)(3), based on the contractually imposed
timeline and the notification received by the Coast Guard good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The installation timeline
presented to the USCG required immediate action and a delayed effective
date would be contrary to public interest. Delaying or rescheduling the
installation to provide 30 days notice also is impractical because the
contractual timelines for beginning delivery and installation of the
canal structures/barriers are in June, 2011. By making the rule
effective immediately upon publication and enforceable with actual
notice upon signature, the delivery and installation of the canal
structures/barriers can continue under the applicable contract.
Delaying the effective date would be impracticable as immediate action
is need to protect the personnel, general public, vessel and tows, and
mariners from hazards associated with the installation process.
Basis and Purpose
The Coast Guard received notice and application for the
installation of Flood Control Structures/Barriers in the Houma
Navigation Canal, from Waterway Mile Markers 19.0 to 20.0, southwest of
Bayou Plat, Terrebonne Parish, LA. These structures/barriers are part
of a plan to implement storm surge protection identified as Reach F and
Segment 1 of Reach G of the Morganza to the Gulf hurricane protection
system. The installation of the Flood Control Structures/Barriers
requires the staging of equipment along the banks of the Houma
Navigation Canal. To protect the general public, vessels and tows from
destruction, loss or injury due to the installation, the Coast Guard is
establishing a temporary safety zone which will continue through March
14, 2013. Vessels and tows transiting this zone will proceed at slowest
safe speed to minimize wake.
Discussion of Rule
The Coast Guard is establishing a temporary Safety Zone in the
Houma Navigation Canal, from Waterway Mile Markers 19.0 to 20.0,
Southwest of Bayou Plat, bank to bank, Terrebonne Parish, LA. The
temporary safety zone will continue through 11:59 p.m., March 14, 2013.
Vessels and tows transiting this zone will proceed at slowest safe
speed to minimize wake. All work on the project is scheduled to be
complete by March 14, 2013.
The installation of the Flood Control Structures/Barriers requires
the staging of equipment along the banks of the Houma Navigation Canal.
The sequence of construction must allow a minimum of 125 feet for
navigation to be open continuously as coordinated and approved by the
U.S. Coast Guard and local industry.
The installation process will involve the following activities
which are estimated to occur as scheduled, but Broadcast Notice to
Mariners and Local Notice to Mariners will be used to inform the public
of the safety zone enforcement periods as the project progresses.
Beginning on June 27, 2011, between Houma Navigation Canal Mile
Markers 19.0 to 20.0, slowest safe speed to minimize wake will be
required by all mariners transiting the zone until installation is
completed on March 14, 2013.
During the installation, any anticipated waterway closures, if
necessary to assist in the installation process, will be made through
Broadcast Notice to Mariners and Local Notice to Mariners. During a
closure, vessels and tows may request permission and the necessary
restrictions from the Captain of the Port Morgan City, or a designated
representative, for passage through the Safety Zone. During a closure,
passage through the safety zone will be evaluated on a case-by-case
basis.
Mariners should exercise extreme caution when transiting through
the construction site and pass at slowest safe speed to minimize wake.
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.
This rule will only require mariners to proceed at the slowest safe
speed to minimize wake while transiting the safety zone and any
waterways closures needed to assist in the installation will be made
through Broadcast Notice to Mariners and Local Notice to Mariners.
Passage during a closure may be requested and will be considered on a
case-by-case basis. The impacts on routine navigation are expected to
be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit through the safety zone June 27, 2011 through March 14, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities because the slowest safe speed to
minimize wake is the only requirement through March 14, 2013. Any
waterway closures, if necessary to assist in the installation process,
will be made through Broadcast Notice to Mariners and Local Notice to
Mariners. Passage during a closure may be requested and will be
considered on a case-by-case basis.
If you are a small business entity and are significantly affected
by this regulation, please contact ENS Nicholas Jones, Marine Safety
Unit Houma, at (985) 857-8507 ext. 232.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by
[[Page 45423]]
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 effect 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 establishes a temporary safety
zone to protect the public from the dangers associated with
construction activity.
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.T11-0523 is added to read as follows:
Sec. 165.T11-0523 Safety Zone; Houma Navigation Canal, From Waterway
Mile Markers 19.0 to 20.0, Southwest of Bayou Plat, Bank to Bank,
Terrebonne Parish, LA.
(a) Location. Houma Navigation Canal, from Waterway Mile Markers
19.0 to 20.0, Southwest of Bayou Plat, bank to bank, Terrebonne Parish,
Louisiana.
(b) Effective date. This rule is effective June 27, 2011, through
March 14, 2013.
(c) Periods of Enforcement. This rule will be enforced upon
signature through March 14, 2013. The Captain of the Port Morgan City
or a designated representative will inform the public through Broadcast
Notice to Mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
(d) Regulations. (1) In accordance with the general regulations in
33 CFR part 165, subpart C, entry into this zone should be at slowest
safe speed to minimize wake unless authorized by the Captain of the
Port Morgan City.
(2) Mariners shall transit through the construction site and pass
at slowest safe speed to minimize wake.
(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.
(4) Any anticipated waterway closures will be made through
Broadcast Notice to Mariners and Local Notice to
[[Page 45424]]
Mariners. During a closure, 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 and passage will be
considered on a case-by-case basis. They may be contacted on VHF
Channel 11, 13, or 16, or by telephone at (985) 380-5370.
Dated: June 21, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2011-19185 Filed 7-28-11; 8:45 am]
BILLING CODE 9110-04-P
