Safety Zone; Lower Mississippi River, Mile Marker 219 to Mile Marker 229, in the Vicinity of Port Allen Lock, 35567-35570 [2013-14073]
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Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations
and (i). Copies available for purchase
from the International Safety Equipment
Association, 1901 North Moore Street,
Arlington, VA 22209–1762; telephone:
703–525–1695; fax: 703–528–2148; Web
site: www.safetyequipment.org.
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(u) * * *
(1) Manual on Uniform Traffic Control
Devices (MUTCD), Part VI, Standards
and Guides for Traffic Controls for
Street and Highway Construction,
Maintenance, Utility, and Incident
Management Operation, 1988 Edition,
Revision 3, September 3, 1993; IBR
approved for §§ 1926.200(g),
1926.201(a), and 1926.202. Electronic
copies of the MUTCD, 1988 Edition,
Revision 3, are available for
downloading at https://www.osha.gov/
doc/highway_workzones/mutcd/
index.html.
(2) Manual on Uniform Traffic Control
Devices (MUTCD), Millennium Edition,
Dec. 2000; IBR approved for
§§ 1926.200(g)), 1926.201(a), and
1926.202. Electronic copies of the
MUTCD 2000 are available for
downloading at https://
mutcd.fhwa.dot.gov/knomillennium_12.18.00.htm.
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Subpart G—[Amended]
11. Revise the authority citation for
subpart G of part 1926 to read as
follows:
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Authority: 40 U.S.C. 333; 29 U.S.C. 653,
655, 657; Secretary of Labor’s Order No. 12–
71 (36 FR 8754), 8–76 (41 FR 25059), 9–83
(48 FR 35736), 3–2000 (65 FR 50017), 5–2002
(67 FR 65008), 5–2007 (72 FR 31159), 4–2010
(75 FR 55355), or 1–2012 (77 FR 3912), as
applicable; and 29 CFR part 1911.
12. Amend § 1926.200 by revising
paragraphs (b)(1), (c)(1), (c)(3), (g)(2),
(h)(2), and (i) to read as follows:
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§ 1926.200
tags.
Accident prevention signs and
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(b) Danger signs. (1) Danger signs
shall be used only where an immediate
hazard exists, and shall follow the
specifications provided in Figure 1 of
ANSI Z35.1–1968 or in Figure 2 of ANSI
Z535.2–2011, incorporated by reference
in § 1926.6.
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(c) Caution signs. (1) Caution signs
shall be used only to warn against
potential hazards or to caution against
unsafe practices, and shall follow the
specifications provided in Figure 4 of
ANSI Z35.1–1968 or in Figure 2 of ANSI
Z535.2–2011, incorporated by reference
for the sections specified in § 1926.6.
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(3) The standard color of the
background shall be yellow; and the
panel, black with yellow letters. Any
letters used against the yellow
background shall be black. The colors
shall be those of opaque glossy samples
as specified in Table 1 of ANSI Z53.1–
1967 or in Table 1 of ANSI Z535.1–
2006(R2011), incorporated by reference
in § 1926.6.
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(g) * * *
(2) All traffic control signs or devices
used for protection of construction
workers shall conform to Part VI of the
MUTCD, 1988 Edition, Revision 3, or
Part VI of the MUTCD, Millennium
Edition, incorporated by reference in
§ 1926.6.
(h) * * *
(2) For accident prevention tags,
employers shall follow specifications
that are similar to those in Figures 1 to
4 of ANSI Z35.2–1968 or Figures 1 to 8
of ANSI Z535.5–2011, incorporated by
reference in § 1926.6.
(i) Additional rules. ANSI Z35.1–
1968, ANSI Z535.2–2011, ANSI Z35.2–
1968, and ANSI Z535.5–2011,
incorporated by reference in § 1926.6,
contain rules in addition to those
specifically prescribed in this subpart.
The employer shall comply with ANSI
Z35.1–1968 or ANSI Z535.2–2011, and
ANSI Z35.2–1968 or Z535.5–2011, with
respect to such additional rules.
13. Amend § 1926.201 by revising
paragraph (a) to read as follows:
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§ 1926.201
Signaling.
(a) Flaggers. Signaling by flaggers and
the use of flaggers, including warning
garments worn by flaggers, shall
conform to Part VI of the Manual on
Uniform Traffic Control Devices (1988
Edition, Revision 3, or the Millennium
Edition), incorporated by reference in
§ 1926.6.
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14. Revise § 1926.202 to read as
follows:
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§ 1926.202
Barricades.
Barricades for protection of
employees shall conform to Part VI of
the Manual on Uniform Traffic Control
Devices (1988 Edition, Revision 3, or the
Millennium Edition), incorporated by
reference in § 1926.6.
[FR Doc. 2013–13909 Filed 6–12–13; 8:45 am]
BILLING CODE 4510–26–P
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35567
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0376]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Mile Marker 219 to Mile Marker 229, in
the Vicinity of Port Allen Lock
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
all waters of the Lower Mississippi
River beginning at mile marker 219 and
ending at mile marker 229, extending
the entire width of the river, in the
vicinity of Port Allen Lock. This safety
zone is needed to protect persons and
vessels from the potential safety hazards
associated with high water. Entry into
this zone is prohibited unless vessels
have met the specified instructions or
specifically authorized by the Captain of
the Port, New Orleans or a designated
representative.
This rule will be enforced with
actual notice from 12 p.m. on May 5,
2013, until June 13, 2013. This rule is
effective in the Code of Federal
Regulations on June 13, 2013 until 12
p.m. on June 16, 2013.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0376. To view documents mentioned in
this preamble as being available in the
docket, go to https://
www.regulations.gov, type the docket
number in ‘‘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 rule, call or
email Lieutenant Christopher Norton,
Coast Guard Marine Safety Unit Baton
Rouge; telephone (225) 298–5400, email
Christopher.R.Norton@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
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Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. Immediate action is
necessary to ensure the safe operation of
vessels on the river during this period
of elevated water levels. The water
levels on the Lower Mississippi River in
this area have risen very rapidly,
creating a faster than normal current
that is a hazard to the safe operation of
vessels in the area. Publishing an NPRM
would be impracticable because it
would unnecessarily delay the
immediate action needed to protect
persons and vessels from the potential
safety hazards associated with high
water.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. As discussed above, a safety
zone is immediately needed to protect
the public from hazards associated with
flooding caused by the elevated water
levels. Therefore, publishing a NPRM
and delaying its effective date would be
impracticable and contrary to the public
interest.
B. Basis and Purpose
The Baton Rouge gauge has reached
33 feet and continues to rise. This
elevated water level is creating a faster
than usual current in the area of the
Lower Mississippi River, therefore the
Captain of the Port, New Orleans has
implemented a safety zone from mile
marker 219 to mile marker 225, Lower
Mississippi River (LMR). This safety
zone prohibits certain commercial
vessels from operating in this area,
unless they are in compliance with
specific operational directions of the
Captain of the Port, New Orleans.
The legal basis and authorities for this
rule 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,
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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.
C. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone for all waters of
the Lower Mississippi River beginning
at mile marker 219 and ending at mile
marker 229, extending the entire width
of the river, in the vicinity of Port Allen
Lock. Commercial vessels are prohibited
from entering into this safety zone
unless they comply with the following
directions of the Captain of the Port,
New Orleans: Canal towing companies
and tow operators with tows 600 feet in
length or greater, excluding the length of
the towing vessel, are required to use
private assist vessels with a minimum of
1000 horse power when entering and
exiting the Port Allen Locks. Tows
exiting the Port Allen Locks intending
to head northbound shall initially
proceed southbound and then top
around at or below mile marker 226
prior to heading north. Additionally, the
Captain of the Port, New Orleans is
recommending a tonnage restriction of 1
horse power per 5 ton or 280 horse
power per regulation barge, while empty
barges may be calculated at 1⁄2 the horse
power requirement. Commercial vessels
that are not in compliance with the
above directions may request special
authorization to enter into or transit
through the safety zone from the
Captain of the Port, New Orleans.
This rule is effective from 12 p.m. on
May 5, 2013, until 12 p.m. on June 16,
2013, unless cancelled earlier by the
Captain of the Port, New Orleans. The
Captain of the Port, New Orleans may
cancel this safety zone in the event the
Baton Rouge Gage is reading below 33
feet and falling. The Captain of the Port,
New Orleans or a designated
representative will inform the public
through Broadcast Notice to Mariners of
changes in the effective period and
enforcement times for the safety zone.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and 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
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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 those
Orders.
This rule will be in effect for a limited
time period and notifications to the
marine community will be made by
local notice to mariners, and subsequent
notifications through broadcast notice to
mariners. Deviation from the rule may
be requested and will be considered on
a case-by-case basis by the Captain of
the Port, New Orleans or a designated
representative. Most vessels will be able
to transit through the zone, therefore the
impacts on routine navigation are
expected to be minimal, and this rule is
not a significant regulatory action.
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 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
certain commercial vessels intending to
transit the Lower Mississippi River
between mile marker 219 and mile
marker 229. 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, and these
commercial vessels may transit freely
though the zone if they are operating in
compliance with the Captain of the Port,
New Orleans’ direction. If you are a
small business entity with a concern
about this temporary final rule, contact
LT Christopher Norton, Marine Safety
Unit Baton Rouge, at (225) 298–5400 or
Christopher.R.Norton@uscg.mil.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
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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 will not call for a 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.
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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 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
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 involves the
establishment of a temporary safety
zone as a result of elevated water levels
on the Lower Mississippi River at mile
marker 219 to mile marker 229 in the
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35569
vicinity of Port Allen Lock. This rule is
categorically excluded from further
review under paragraph 34(g) of figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES.
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. Add § 165.T08–0376 to read as
follows:
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§ 165.T08–0376 Safety Zone; Lower
Mississippi River, Mile Marker 219 to Mile
Marker 229, in the vicinity of Port Allen
Lock.
(a) Location. The following area is a
safety zone: All waters of the Lower
Mississippi River beginning at mile
marker 219 and ending at mile marker
229, extending the entire width of the
river, in the vicinity of Port Allen Lock.
(b) Effective date. This section is
effective from 12 p.m. local on May 5,
2013, until 12 p.m. local on June 16,
2013, unless cancelled earlier by the
Captain of the Port, New Orleans.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, commercial towing vessels are
prohibited from entering into this safety
zone unless operating in compliance
with the Captain of the Port, New
Orleans’ direction below, or unless
specifically authorized by the Captain of
the Port, New Orleans or designated
representative. The Captain of the Port,
New Orleans may be contacted via
telephone at (225) 281–4785. A
designated representative may include
commissioned, warrant, and petty
officers of the U.S. Coast Guard on scene
within the safety zone area.
(2) Commercial towing vessels
requiring entry into or passage through
this safety zone must comply with the
Captain of the Port, New Orleans’
following directions: Canal towing
companies and tow operators with tows
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600 feet in length or greater, excluding
the length of the towing vessel, are
required to use private assist vessels
with a minimum of 1000 horse power
when entering and exiting the Port
Allen Locks. Tows exiting the Port
Allen Locks intending to head
northbound shall initially proceed
southbound and then top around at or
below mile marker 226 prior to heading
north. Additionally, the Captain of the
Port, New Orleans is recommending a
tonnage restriction of 1 horse power per
5 ton or 280 horse power per regulation
barge, while empty barges may be
calculated at 1⁄2 the horse power
requirement.
(3) Commercial towing vessels that
are not in compliance with the above
direction may request special
authorization from the Captain of the
Port, New Orleans to enter or transit
through the safety zone. Any vessel
granted special authorization must
comply with any specific additional
restrictions imposed by the Captain of
the Port, New Orleans.
(d) Informational Broadcasts. The
Captain of the Port, New Orleans or a
designated representative will inform
the public through broadcast notices to
mariners (BNM) of any changes in the
effective period or size of the safety
zone.
Dated: May 5, 2013.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
[FR Doc. 2013–14073 Filed 6–12–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 1820
[LLOR957000–L63100000–HD0000]
other documents relating to public lands
in the States of Oregon and Washington
must be filed at the new address of the
State Office.
DATES: This rule is effective August 5,
2013.
ADDRESSES: You may send inquiries or
suggestions to Deputy State Director,
Management Services (950), Bureau of
Land Management, P.O. Box 2965,
Portland, OR 97208.
FOR FURTHER INFORMATION CONTACT: Pat
Russell, 503–808–6603. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339, 24 hours a day, 7 days
a week, to leave a message for Ms.
Russell.
SUPPLEMENTARY INFORMATION:
I. Background
II. Procedural Matters
I. Background
This administrative final rule reflects
the administrative action of changing
the street address of the Oregon/
Washington State Office of the BLM.
Both the postal mailing address (P.O.
Box 2965, Portland, OR 97208) and the
phone number (503–808–6001) remain
the same. This rule changes the street
address for the personal filing of
documents relating to public lands in
Oregon and Washington, but makes no
other changes in filing requirements.
The BLM has determined that the rule
has no substantive impact on the public,
imposes no costs, and merely updates a
list of addresses included in the Code of
Federal Regulations for the convenience
of the public. The Department of the
Interior, therefore, for good cause finds
that under 5 U.S.C. 553 (b)(B) and 553
(d)(3) notice and public comment
procedures are unnecessary and that the
rule may take effect on the date of the
move, August 5, 2013.
RIN 1004–AE31
II. Procedural Matters
Application Procedures, Execution and
Filing of Forms: Correction of State
Office Address for Filings and
Recordings, Including Proper Offices
for Recording of Mining Claims;
Oregon/Washington
Regulatory Planning and Review
(Executive Order 12866)
This administrative final rule is an
administrative action to change the
address for one BLM State Office. This
rule was not subject to review by the
Office of Management and Budget under
Executive Order 12866. The rule
imposes no costs, and merely updates a
list of addresses included in the Code of
Federal Regulations for the convenience
of the public.
Bureau of Land Management,
Interior.
ACTION: Administrative final rule.
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AGENCY:
SUMMARY: This administrative final rule
amends the regulations pertaining to
execution and filing of forms in order to
reflect the new address of the Oregon/
Washington State Office of the Bureau
of Land Management (BLM), which will
move on August 5, 2013. All filings and
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National Environmental Policy Act
The BLM has found that the
administrative final rule is of a
procedural nature and thus is
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categorically excluded from
environmental review under Section
102(2)(C) of the Environmental
Protection Act of 1969 (NEPA), 42
U.S.C. 4332(2)(C), pursuant to 43 CFR
46.210(i). In addition, the administrative
final rule does not present any of the 12
extraordinary circumstances listed at 43
CFR 46.215. Pursuant to the Council on
Environmental Quality regulations (40
CFR 1508.4) and the environmental
regulations, policies, and procedures of
the Department of the Interior, the term
‘‘categorical exclusions’’ means a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment and that have been found
to have no such effect in procedures
adopted by a Federal agency and for
which neither an environmental
assessment nor an environmental
impact statement is required.
Regulatory Flexibility Act
Congress enacted the Regulatory
Flexibility Act of 1980 (5 U.S.C. 601, et
seq.) to ensure that Government
regulations do not unnecessarily or
disproportionately burden small
entities. This administrative final rule is
a purely administrative regulatory
action having no effect upon the public
or the environment and it has been
determined that the rule will not have
a significant effect on the economy or
small entities.
Small Business Regulatory Enforcement
Fairness Act
This administrative final rule is a
purely administrative regulatory action
having no effects upon the public or the
economy. This is not a major rule under
the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C.
804(2)). The rule will not have an
annual effect on the economy of $100
million or more. The rule will not cause
a major increase in costs of prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. The
rule will not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to complete with foreignbased enterprises.
Unfunded Mandate Reform Act
The BLM has determined that this
administrative final rule is not
significant under the Unfunded
Mandates Reform Act of 1995 because
the rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
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[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Rules and Regulations]
[Pages 35567-35570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14073]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0376]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Mile Marker 219 to Mile
Marker 229, in the Vicinity of Port Allen Lock
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Lower Mississippi River beginning at mile marker 219
and ending at mile marker 229, extending the entire width of the river,
in the vicinity of Port Allen Lock. This safety zone is needed to
protect persons and vessels from the potential safety hazards
associated with high water. Entry into this zone is prohibited unless
vessels have met the specified instructions or specifically authorized
by the Captain of the Port, New Orleans or a designated representative.
DATES: This rule will be enforced with actual notice from 12 p.m. on
May 5, 2013, until June 13, 2013. This rule is effective in the Code of
Federal Regulations on June 13, 2013 until 12 p.m. on June 16, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0376. To view documents
mentioned in this preamble as being available in the docket, go to
https://www.regulations.gov, type the docket number in ``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 rule,
call or email Lieutenant Christopher Norton, Coast Guard Marine Safety
Unit Baton Rouge; telephone (225) 298-5400, email
Christopher.R.Norton@uscg.mil. If you have questions on viewing the
docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 35568]]
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. Immediate
action is necessary to ensure the safe operation of vessels on the
river during this period of elevated water levels. The water levels on
the Lower Mississippi River in this area have risen very rapidly,
creating a faster than normal current that is a hazard to the safe
operation of vessels in the area. Publishing an NPRM would be
impracticable because it would unnecessarily delay the immediate action
needed to protect persons and vessels from the potential safety hazards
associated with high water.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. As discussed above, a safety zone
is immediately needed to protect the public from hazards associated
with flooding caused by the elevated water levels. Therefore,
publishing a NPRM and delaying its effective date would be
impracticable and contrary to the public interest.
B. Basis and Purpose
The Baton Rouge gauge has reached 33 feet and continues to rise.
This elevated water level is creating a faster than usual current in
the area of the Lower Mississippi River, therefore the Captain of the
Port, New Orleans has implemented a safety zone from mile marker 219 to
mile marker 225, Lower Mississippi River (LMR). This safety zone
prohibits certain commercial vessels from operating in this area,
unless they are in compliance with specific operational directions of
the Captain of the Port, New Orleans.
The legal basis and authorities for this rule 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.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone for all
waters of the Lower Mississippi River beginning at mile marker 219 and
ending at mile marker 229, extending the entire width of the river, in
the vicinity of Port Allen Lock. Commercial vessels are prohibited from
entering into this safety zone unless they comply with the following
directions of the Captain of the Port, New Orleans: Canal towing
companies and tow operators with tows 600 feet in length or greater,
excluding the length of the towing vessel, are required to use private
assist vessels with a minimum of 1000 horse power when entering and
exiting the Port Allen Locks. Tows exiting the Port Allen Locks
intending to head northbound shall initially proceed southbound and
then top around at or below mile marker 226 prior to heading north.
Additionally, the Captain of the Port, New Orleans is recommending a
tonnage restriction of 1 horse power per 5 ton or 280 horse power per
regulation barge, while empty barges may be calculated at \1/2\ the
horse power requirement. Commercial vessels that are not in compliance
with the above directions may request special authorization to enter
into or transit through the safety zone from the Captain of the Port,
New Orleans.
This rule is effective from 12 p.m. on May 5, 2013, until 12 p.m.
on June 16, 2013, unless cancelled earlier by the Captain of the Port,
New Orleans. The Captain of the Port, New Orleans may cancel this
safety zone in the event the Baton Rouge Gage is reading below 33 feet
and falling. The Captain of the Port, New Orleans or a designated
representative will inform the public through Broadcast Notice to
Mariners of changes in the effective period and enforcement times for
the safety zone.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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 those Orders.
This rule will be in effect for a limited time period and
notifications to the marine community will be made by local notice to
mariners, and subsequent notifications through broadcast notice to
mariners. Deviation from the rule may be requested and will be
considered on a case-by-case basis by the Captain of the Port, New
Orleans or a designated representative. Most vessels will be able to
transit through the zone, therefore the impacts on routine navigation
are expected to be minimal, and this rule is not a significant
regulatory action.
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 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 certain
commercial vessels intending to transit the Lower Mississippi River
between mile marker 219 and mile marker 229. 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, and these commercial vessels may transit freely though the zone
if they are operating in compliance with the Captain of the Port, New
Orleans' direction. If you are a small business entity with a concern
about this temporary final rule, contact LT Christopher Norton, Marine
Safety Unit Baton Rouge, at (225) 298-5400 or
Christopher.R.Norton@uscg.mil.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
[[Page 35569]]
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 will not call for a 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 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 cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and 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 involves the establishment of a temporary safety zone as a
result of elevated water levels on the Lower Mississippi River at mile
marker 219 to mile marker 229 in the vicinity of Port Allen Lock. This
rule is categorically excluded from further review under paragraph
34(g) of figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES.
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. Add Sec. 165.T08-0376 to read as follows:
Sec. 165.T08-0376 Safety Zone; Lower Mississippi River, Mile Marker
219 to Mile Marker 229, in the vicinity of Port Allen Lock.
(a) Location. The following area is a safety zone: All waters of
the Lower Mississippi River beginning at mile marker 219 and ending at
mile marker 229, extending the entire width of the river, in the
vicinity of Port Allen Lock.
(b) Effective date. This section is effective from 12 p.m. local on
May 5, 2013, until 12 p.m. local on June 16, 2013, unless cancelled
earlier by the Captain of the Port, New Orleans.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, commercial towing vessels are prohibited
from entering into this safety zone unless operating in compliance with
the Captain of the Port, New Orleans' direction below, or unless
specifically authorized by the Captain of the Port, New Orleans or
designated representative. The Captain of the Port, New Orleans may be
contacted via telephone at (225) 281-4785. A designated representative
may include commissioned, warrant, and petty officers of the U.S. Coast
Guard on scene within the safety zone area.
(2) Commercial towing vessels requiring entry into or passage
through this safety zone must comply with the Captain of the Port, New
Orleans' following directions: Canal towing companies and tow operators
with tows
[[Page 35570]]
600 feet in length or greater, excluding the length of the towing
vessel, are required to use private assist vessels with a minimum of
1000 horse power when entering and exiting the Port Allen Locks. Tows
exiting the Port Allen Locks intending to head northbound shall
initially proceed southbound and then top around at or below mile
marker 226 prior to heading north. Additionally, the Captain of the
Port, New Orleans is recommending a tonnage restriction of 1 horse
power per 5 ton or 280 horse power per regulation barge, while empty
barges may be calculated at \1/2\ the horse power requirement.
(3) Commercial towing vessels that are not in compliance with the
above direction may request special authorization from the Captain of
the Port, New Orleans to enter or transit through the safety zone. Any
vessel granted special authorization must comply with any specific
additional restrictions imposed by the Captain of the Port, New
Orleans.
(d) Informational Broadcasts. The Captain of the Port, New Orleans
or a designated representative will inform the public through broadcast
notices to mariners (BNM) of any changes in the effective period or
size of the safety zone.
Dated: May 5, 2013.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2013-14073 Filed 6-12-13; 8:45 am]
BILLING CODE 9110-04-P
