Safety Zone; Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile Marker 35.5, West of Harvey Locks, Bank to Bank, Lafourche Parish, Larose, LA, 46287-46289 [2012-19009]
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Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Rules and Regulations
If
you have questions on this rule, call or
email Jim Wetherington, Bridge Branch
Office, Coast Guard; telephone 504–
671–2128, email
james.r.wetherington@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:
On July
20, 2012, the Coast published a notice
of temporary deviation from regulations
in the Federal Register (77 FR 42637).
The BNSF Railway Company requested
this temporary deviation from the
operating schedule of the swing span
railroad bridge across Bayou Boeuf, mile
10.2, at Amelia, St. Mary Parish,
Louisiana, for August 16, 2012, to
perform repairs necessitated by an
allision. Due to delay in production and
delivery of repair equipment, the BNSF
Railway requested a modification to the
effective date from August 16, 2012 to
September 13, 2012. The bridge
provides no vertical clearance in the
closed-to-navigation position.
Notices will be published in the
Eighth Coast Guard District Local Notice
to Mariners and will be broadcast via
the Coast Guard Broadcast Notice to
Mariners System.
In accordance with 33 CFR 117.5, the
bridge currently opens on signal for the
passage of vessels. This deviation allows
the vertical lift span of the bridge to
remain in the closed-to-navigation
position from 7 a.m. through 11 p.m. on
Thursday, September 13, 2012.
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.
SUPPLEMENTARY INFORMATION:
Dated: July 24, 2012.
David M. Frank,
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2012–18997 Filed 8–2–12; 8:45 am]
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BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0634]
RIN 1625–AAOO
Safety Zone; Gulf Intracoastal
Waterway, Mile Marker 35.2 to Mile
Marker 35.5, West of Harvey Locks,
Bank to Bank, Lafourche Parish,
Larose, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is reestablishing a temporary safety zone in
the Gulf Intracoastal Waterway, Mile
Marker 35.2 to Mile Marker 35.5, west
of Harvey Locks, bank to bank, Larose,
Lafourche Parish, LA. This 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 August 3,
2012 through January 1, 2013. This rule
is enforceable with actual notice on July
1, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0634]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 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:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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NPRM
46287
Notice of Proposed Rulemaking
A. 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. This rule reestablishes a safety zone necessary to
protect life and property from hazards
associated with the ongoing floodwall
repair and construction project. The
Coast Guard established the initial
safety zone for this project in a
Temporary Final Rule on January 25,
2012 at docket USCG–2011–1128 (77 FR
3609) to be enforced through June 30,
2012. The floodwall repair and
construction project are still ongoing
and this safety zone is needed
immediately to ensure there is no gap in
providing the necessary safety measures
to protect personnel, general public,
vessel and tows, and mariners from
hazards associated with the ongoing
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.
For the same reasons, 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.
Delaying the effective date for this
temporary rule to provide a full 30 days
notice is contrary to protect persons and
vessels from potential safety hazards
associated with the floodwall repair and
construction project.
B. Basis and Purpose
The Coast Guard is reestablishing the
safety zone in the Gulf Intracoastal
Waterway, Mile Marker 35.2 to Mile
Marker 35.5, bank to bank, West of
Harvey Locks. The U.S. 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.
This construction and repair project is
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46288
Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Rules and Regulations
now scheduled to continue through
January 1, 2013.
The Coast Guard determined that
reestablishing the temporary safety zone
is needed during these operations. The
legal basis and authorities for this
rulemaking establishing a safety zone
are found in 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; Public Law 107–295, 116 Stat.
2064; and Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish and define regulatory safety
zones.
The purpose of this safety zone is to
protect life and property during the
continued construction of the floodwall
in Larose in the vicinity of GIWW Mile
Marker 35.2 to Mile Marker 35.5. This
construction project poses significant
safety hazards to both vessels and
mariners operating in the vicinity of
GIWW Mile Maker 35.2 to Mile Marker
35.5.
1. 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under that
Order.
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 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.
C. Discussion of Rule
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 January 1, 2013.
This Safety Zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: The zone is
limited in size, is of short duration and
vessel traffic are allowed to transit
through the safety zone at slowest safe
speed.
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.
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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The Coast Guard is reestablishing a
temporary Safety Zone in the Gulf
Intracoastal Waterway, Mile Marker
35.2–35.5, bank to bank, West of Harvey
locks. The temporary Safety Zone will
continue through January 1, 2013.
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 January 1, 2013.
Continuing through January 1, 2013,
two barges will be staged on the south
side of the waterway at all times but
will remain clear of the main channel
limit. The COTP Morgan City or a
designated representative will inform
the public through Broadcast Notice to
Mariners of changes in the effective and
enforcement periods for the safety zone.
This rule is enforceable with actual
notice on July 1, 2012. 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.
Charts: 11355.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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4. 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).
5. Federalism
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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.
8. 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
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Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Rules and Regulations
Interference with Constitutionally
Protected Property Rights.
made available at the docket as
indicated in the ADDRESSES section.
9. Civil Justice Reform
List of Subjects in 33 CFR Part 165
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.
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:
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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14. 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 January 1, 2013,
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
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46289
1. The authority citation for part 165
continues to read as follows:
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.
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.
Dated: June 29, 2012.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the
Port Morgan City, Louisiana.
2. A new temporary § 165.T08–0634 is
added to read as follows:
[FR Doc. 2012–19009 Filed 8–2–12; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
■
§ 165.T08–0634 Safety Zone; Gulf
Intracoastal Waterway, Mile Marker 35.2–
35.5, West of Harvey Locks, bank to bank,
Lafourche Parish, Larose, LA.
(a) Location. Gulf Intracoastal
Waterway, Mile Marker 35.2 to Mile
Marker 35.5, West of Harvey Locks,
bank to bank, Lafourche Parish, Larose,
LA.
(b) Effective date. This rule is effective
August 3, 2012 through January 1, 2013
and enforceable with actual notice on
July 1, 2012.
(c) Periods of Enforcement. This rule
will be enforced July 1, 2012 thru
January 1, 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 § 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 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
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BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 1, 9, 150, 164, 178, 179,
700, 712, 716, 720, 723, 725, 761, 763,
766, 795, 796, and 799
[EPA–HQ–OPPT–2010–0629; FRL–8846–7]
Technical Corrections to
Organizational Names, Addresses, and
OMB Control Numbers
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This document contains
minor amendments to regulations under
the Federal Insecticide, Fungicide
(FIFRA), and Rodenticide Act, the
Federal Food, Drug, and Cosmetic Act
(FFDCA), and the Toxic Substances
Control Act (TSCA). These amendments
will make EPA’s regulations more
accurate and user friendly with regard
to the name of the EPA office that
administers these statutes and various
Agency addresses.
DATES: This rule is effective August 3,
2012.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2010–0629, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Rules and Regulations]
[Pages 46287-46289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19009]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0634]
RIN 1625-AAOO
Safety Zone; Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile
Marker 35.5, West of Harvey Locks, Bank to Bank, Lafourche Parish,
Larose, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is re-establishing a temporary safety zone in
the Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile Marker 35.5,
west of Harvey Locks, bank to bank, Larose, Lafourche Parish, LA. This
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 August 3, 2012 through January 1, 2013.
This rule is enforceable with actual notice on July 1, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0634]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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. This rule re-establishes a safety zone
necessary to protect life and property from hazards associated with the
ongoing floodwall repair and construction project. The Coast Guard
established the initial safety zone for this project in a Temporary
Final Rule on January 25, 2012 at docket USCG-2011-1128 (77 FR 3609) to
be enforced through June 30, 2012. The floodwall repair and
construction project are still ongoing and this safety zone is needed
immediately to ensure there is no gap in providing the necessary safety
measures to protect personnel, general public, vessel and tows, and
mariners from hazards associated with the ongoing 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.
For the same reasons, 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. Delaying the
effective date for this temporary rule to provide a full 30 days notice
is contrary to protect persons and vessels from potential safety
hazards associated with the floodwall repair and construction project.
B. Basis and Purpose
The Coast Guard is reestablishing the safety zone in the Gulf
Intracoastal Waterway, Mile Marker 35.2 to Mile Marker 35.5, bank to
bank, West of Harvey Locks. The U.S. 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. This
construction and repair project is
[[Page 46288]]
now scheduled to continue through January 1, 2013.
The Coast Guard determined that reestablishing the temporary safety
zone is needed during these operations. The legal basis and authorities
for this rulemaking establishing a safety zone are found in 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; Public Law 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
The purpose of this safety zone is to protect life and property
during the continued construction of the floodwall in Larose in the
vicinity of GIWW Mile Marker 35.2 to Mile Marker 35.5. This
construction project poses significant safety hazards to both vessels
and mariners operating in the vicinity of GIWW Mile Maker 35.2 to Mile
Marker 35.5.
C. Discussion of Rule
The Coast Guard is reestablishing a temporary Safety Zone in the
Gulf Intracoastal Waterway, Mile Marker 35.2-35.5, bank to bank, West
of Harvey locks. The temporary Safety Zone will continue through
January 1, 2013. 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 January 1,
2013.
Continuing through January 1, 2013, two barges will be staged on
the south side of the waterway at all times but will remain clear of
the main channel limit. The COTP Morgan City or a designated
representative will inform the public through Broadcast Notice to
Mariners of changes in the effective and enforcement periods for the
safety zone. This rule is enforceable with actual notice on July 1,
2012. 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.
Charts: 11355.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order.
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.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 January 1, 2013. This Safety Zone will
not have a significant economic impact on a substantial number of small
entities for the following reasons: The zone is limited in size, is of
short duration and vessel traffic are allowed to transit through the
safety zone at slowest safe speed.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. 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.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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
[[Page 46289]]
Interference with Constitutionally Protected Property Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 January 1,
2013, 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.T08-0634 is added to read as follows:
Sec. 165.T08-0634 Safety Zone; Gulf Intracoastal Waterway, Mile
Marker 35.2-35.5, West of Harvey Locks, bank to bank, Lafourche Parish,
Larose, LA.
(a) Location. Gulf Intracoastal Waterway, Mile Marker 35.2 to Mile
Marker 35.5, West of Harvey Locks, bank to bank, Lafourche Parish,
Larose, LA.
(b) Effective date. This rule is effective August 3, 2012 through
January 1, 2013 and enforceable with actual notice on July 1, 2012.
(c) Periods of Enforcement. This rule will be enforced July 1, 2012
thru January 1, 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 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 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: June 29, 2012.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2012-19009 Filed 8-2-12; 8:45 am]
BILLING CODE 9110-04-P
