Safety Zone; Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile Marker 35.5, Larose, Lafourche Parish, LA, 3609-3611 [2012-1536]
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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1128]
RIN 1625–AA00
Safety Zone; Gulf Intracoastal
Waterway, Mile Marker 35.2 to Mile
Marker 35.5, Larose, Lafourche Parish,
LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the specified waters of the Gulf
Intracoastal Waterway, Larose,
Lafourche 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 a new
sheetpile floodwall on the waterward
side of the existing Larose floodwall and
construction of a new rip-rap barge
impact barrier on the Gulf Intracoastal
Waterway side of the new floodwall.
DATES: This rule is effective January 25,
2012 through 11:59 p.m. June 30, 2012.
This rule is enforceable with actual
notice beginning 12:01 a.m. December
12, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
1128 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1128 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 email Ensign (ENS)
Nicholas Jones, Coast Guard; telephone
(985) 857–8507 ext. 232, email
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:
sroberts on DSK4TPTVN1PROD with RULES
SUMMARY:
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)
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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. The Coast
Guard received notice of the timeline for
this project on December 2, 2011. This
floodwall construction and repair
project is necessary for flood
protections; therefore, the Coast Guard
determined that immediate action is
needed to protect the personnel, general
public, vessel and tows, and mariners
from hazards associated with the
floodwall repair and construction
process. Publishing a NPRM would
unnecessarily delay the effective date
for this rule which would be contrary to
the public interest. Delaying this project
for the NPRM process would also
interfere with the contractually imposed
timeline for repair of the floodwall.
Under 5 U.S.C. 553(d)(3), good cause
exists for not providing 30 days notice
for this rulemaking. The Coast Guard
received notice of the timeline for this
project on December 2, 2011. Based on
the necessity of this floodwall repair
and construction project and the repair
and construction timeline presented to
the Coast Guard, immediate action is
required. Delaying the effective date
would be contrary to public interest.
Delaying or rescheduling the
construction and repair to provide 30
days notice also is impracticable
because of the dates the construction
barges may be deployed to the project
site. By making the rule effective
immediately upon publication and
enforceable with actual notice on
December 12, 2011, the construction
and repair of the floodwall can continue
under the applicable contract.
Basis and Purpose
The US Army Corps of Engineers
contracted installation of a new
sheetpile floodwall on the waterward
side of the existing Larose Floodwall
and construction of a new rip-rap barge
impact barrier on the waterward side of
the new floodwall that will extend
approximately 20–45 feet from the
existing wall into the Gulf Intracoastal
Waterway, Mile Markers 35.2–35.5, west
of Harvey Locks.
Discussion of Rule
The Coast Guard is establishing a
temporary Safety Zone in the Gulf
Intracoastal Waterway, Mile Marker
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3609
35.2–35.5, bank to bank, West of Harvey
locks, Larose, Lafourche Parish,
Louisiana. The temporary safety zone
will continue through June 30, 2012.
Vessels and tows shall transit at slowest
safe speed to minimize wake and, after
leaving the slowest safe speed zone,
proceed with caution to minimize
interference with construction activities.
All work on the project is scheduled to
be complete by June 30, 2012.
Beginning December 12, 2011 thru
June 30, 2012 two barges will be staged
on the south side of the waterway at all
times but will remain clear of the main
channel limit. Notices to Mariners,
regarding channel restrictions and
closures, will be updated as the project
progresses and as the information
becomes available. Mariners can contact
the contractor via VHF–FM channel 69.
Mariners shall transit at their slowest
safe speed to minimize wake and
proceed with caution while passing
through the construction area.
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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that those Orders.
This rule creates a safety zone
implementing slowest safe speed to
minimize wake. Vessels will be allowed
to enter and transit through the area.
Advance notifications to the marine
community regarding this safety zone
and any restrictions or closures related
to the floodwall repair and construction
project will be made through Broadcast
Notice to Mariners and Local Notice to
Mariners. 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
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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations
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 through June 30, 2012. This
Safety Zone will not have a significant
economic impact on a substantial
number of small entities because this
rule will be in effect for only a short
period of time.
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 (Public Law 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.
sroberts on DSK4TPTVN1PROD with RULES
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.
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21:03 Jan 24, 2012
Jkt 226001
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such 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
PO 00000
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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 will
be in effect until June 30, 2012, 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;
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Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations
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.T08–1128 is
added to read as follows:
■
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§ 165.T08–1128 Safety Zone; Gulf
Intracoastal Waterway, Mile Marker 35.2 to
Mile Marker 35.5, Larose, Lafourche Parish,
LA.
(a) Location. Gulf Intracoastal
Waterway, Mile Marker 35.2–35.5, West
of Harvey Locks, bank to bank,
Lafourche Parish, Larose, Louisiana.
(b) Effective date. This rule is effective
from 12:01 a.m. December 12, 2011
through 11:59 p.m. June 30, 2012.
(c) Periods of Enforcement. This rule
will be enforced from 12:01 a.m.
December 12, 2011 through 11:59 p.m.
June 30, 2012. 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 § 165.23
of this part, entry into this zone should
be at slowest safe speed to minimize
wake through the duration of this rule.
During waterway closures entry into
this zone is prohibited unless
authorized by the Captain of the Port
Morgan City.
(2) Mariners shall transit from Mile
Marker 35.2 to Mile Marker 35.5 and
pass at slowest safe speed to minimize
wake.
(3) Mariners should contact the
attendant tug, the M/V YAYA on VHF–
FM Channel 69 prior to arrival at the
construction site for information
regarding available horizontal clearance
and passing instructions.
(4) 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.
(5) Advance notification of any
anticipated waterway closures will be
made through Broadcast Notice to
Mariners and Local Notice to 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.
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Dated: December 8, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the
Port Morgan City, Louisiana.
[FR Doc. 2012–1536 Filed 1–24–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2011–0455–201131(a);
FRL–9621–8]
Approval and Promulgation of
Implementation Plans; North Carolina:
Approval of Section 110(a)(1)
Maintenance Plan for the GreensboroWinston-Salem-High Point 1-Hour
Ozone Maintenance Area to Maintain
the 1997 8-Hour Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a revision to the North
Carolina State Implementation Plan
(SIP), submitted to EPA on April 13,
2011, with supplemental information
submitted on May 18, 2011, by the State
of North Carolina, through the North
Carolina Department of Environment
and Natural Resources (NCDENR),
through the Department of Air Quality.
The revisions propose to modify North
Carolina’s SIP to address the required
maintenance plan for the 1997 8-hour
ozone national ambient air quality
standards (NAAQS) for the GreensboroWinston-Salem-High Point, North
Carolina 1-hour ozone maintenance
area, hereafter referred to as ‘‘the Triad
Area.’’ The Triad Area is comprised of
Davidson, Forsyth, and Guilford and a
portion of Davie County. This
maintenance plan was submitted to
ensure the continued attainment of the
1997 8-hour ozone NAAQS through the
year 2018 in the Triad Area. EPA is
approving these SIP revisions pursuant
to section 110 of the Clean Air Act (CAA
or Act). The submitted maintenance
plan meets all of the statutory and
regulatory requirements, and is
consistent with EPA’s guidance.
DATES: This rule is effective on March
26, 2012 without further notice, unless
EPA receives relevant adverse comment
by February 24, 2012. If EPA receives
such comment, EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
SUMMARY:
PO 00000
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3611
OAR–2011–0455 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2011–0455,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2011–
0455. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
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]]>Agencies
[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Rules and Regulations]
[Pages 3609-3611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1536]
[[Page 3609]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1128]
RIN 1625-AA00
Safety Zone; Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile
Marker 35.5, Larose, Lafourche Parish, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the specified waters of the Gulf Intracoastal Waterway, Larose,
Lafourche 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 a new sheetpile floodwall on the
waterward side of the existing Larose floodwall and construction of a
new rip-rap barge impact barrier on the Gulf Intracoastal Waterway side
of the new floodwall.
DATES: This rule is effective January 25, 2012 through 11:59 p.m. June
30, 2012. This rule is enforceable with actual notice beginning 12:01
a.m. December 12, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1128 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-1128 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 email Ensign (ENS) Nicholas Jones, Coast Guard;
telephone (985) 857-8507 ext. 232, email 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. The Coast Guard received notice of the
timeline for this project on December 2, 2011. This floodwall
construction and repair project is necessary for flood protections;
therefore, the Coast Guard determined that immediate action is needed
to protect the personnel, general public, vessel and tows, and mariners
from hazards associated with the floodwall repair and construction
process. Publishing a NPRM would unnecessarily delay the effective date
for this rule which would be contrary to the public interest. Delaying
this project for the NPRM process would also interfere with the
contractually imposed timeline for repair of the floodwall.
Under 5 U.S.C. 553(d)(3), good cause exists for not providing 30
days notice for this rulemaking. The Coast Guard received notice of the
timeline for this project on December 2, 2011. Based on the necessity
of this floodwall repair and construction project and the repair and
construction timeline presented to the Coast Guard, immediate action is
required. Delaying the effective date would be contrary to public
interest. Delaying or rescheduling the construction and repair to
provide 30 days notice also is impracticable because of the dates the
construction barges may be deployed to the project site. By making the
rule effective immediately upon publication and enforceable with actual
notice on December 12, 2011, the construction and repair of the
floodwall can continue under the applicable contract.
Basis and Purpose
The US Army Corps of Engineers contracted installation of a new
sheetpile floodwall on the waterward side of the existing Larose
Floodwall and construction of a new rip-rap barge impact barrier on the
waterward side of the new floodwall that will extend approximately 20-
45 feet from the existing wall into the Gulf Intracoastal Waterway,
Mile Markers 35.2-35.5, west of Harvey Locks.
Discussion of Rule
The Coast Guard is establishing a temporary Safety Zone in the Gulf
Intracoastal Waterway, Mile Marker 35.2-35.5, bank to bank, West of
Harvey locks, Larose, Lafourche Parish, Louisiana. The temporary safety
zone will continue through June 30, 2012. Vessels and tows shall
transit at slowest safe speed to minimize wake and, after leaving the
slowest safe speed zone, proceed with caution to minimize interference
with construction activities. All work on the project is scheduled to
be complete by June 30, 2012.
Beginning December 12, 2011 thru June 30, 2012 two barges will be
staged on the south side of the waterway at all times but will remain
clear of the main channel limit. Notices to Mariners, regarding channel
restrictions and closures, will be updated as the project progresses
and as the information becomes available. Mariners can contact the
contractor via VHF-FM channel 69. Mariners shall transit at their
slowest safe speed to minimize wake and proceed with caution while
passing through the construction area.
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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
This rule creates a safety zone implementing slowest safe speed to
minimize wake. Vessels will be allowed to enter and transit through the
area. Advance notifications to the marine community regarding this
safety zone and any restrictions or closures related to the floodwall
repair and construction project will be made through Broadcast Notice
to Mariners and Local Notice to Mariners. 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
[[Page 3610]]
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 through June 30, 2012. This Safety Zone
will not have a significant economic impact on a substantial number of
small entities because this rule will be in effect for only a short
period of time.
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 (Public Law 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 (adjusted for
inflation) 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 will be in effect until June 30,
2012, 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;
[[Page 3611]]
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.
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2. A new temporary Sec. 165.T08-1128 is added to read as follows:
Sec. 165.T08-1128 Safety Zone; Gulf Intracoastal Waterway, Mile
Marker 35.2 to Mile Marker 35.5, Larose, Lafourche Parish, LA.
(a) Location. Gulf Intracoastal Waterway, Mile Marker 35.2-35.5,
West of Harvey Locks, bank to bank, Lafourche Parish, Larose,
Louisiana.
(b) Effective date. This rule is effective from 12:01 a.m. December
12, 2011 through 11:59 p.m. June 30, 2012.
(c) Periods of Enforcement. This rule will be enforced from 12:01
a.m. December 12, 2011 through 11:59 p.m. June 30, 2012. 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
Sec. 165.23 of this part, entry into this zone should be at slowest
safe speed to minimize wake through the duration of this rule. During
waterway closures entry into this zone is prohibited unless authorized
by the Captain of the Port Morgan City.
(2) Mariners shall transit from Mile Marker 35.2 to Mile Marker
35.5 and pass at slowest safe speed to minimize wake.
(3) Mariners should contact the attendant tug, the M/V YAYA on VHF-
FM Channel 69 prior to arrival at the construction site for information
regarding available horizontal clearance and passing instructions.
(4) 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.
(5) Advance notification of any anticipated waterway closures will
be made through Broadcast Notice to Mariners and Local Notice to
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: December 8, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2012-1536 Filed 1-24-12; 8:45 am]
BILLING CODE 9110-04-P
