Safety Zone; Gulf Intracoastal Waterway, Mile Marker 49.0 to 50.0, West of Harvey Locks, Bank to Bank, Bayou Blue Pontoon Bridge, Lafourche Parish, LA, 44288-44291 [2014-18081]
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
significant effect on the human
environment. This rule involves
changing the open on demand bridge
operating schedule to three times an
hour Monday through Friday and twice
an hour on Saturday, Sunday and
Federal holidays and will meet the
reasonable needs of navigation. This
rule is categorically excluded, under
figure 2–1, paragraph (32)(e), of the
Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.287, revise paragraph (g) to
read as follows:
■
Gulf Intracoastal Waterway.
*
*
*
*
*
(g) The draw of the Treasure Island
Causeway bridge, mile 119.0 shall open
on signal except that from 7 a.m. to 7
p.m. the draw need open on the hour,
20 minutes after the hour and 40
minutes after the hour Monday through
Friday and on the quarter hour and
three quarter hour on Saturday, Sunday
and Federal holidays.
*
*
*
*
*
Dated: June 18, 2014.
J. H. Korn,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2014–18079 Filed 7–30–14; 8:45 am]
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BILLING CODE 9110–04–P
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0411]
RIN 1625–AA00
Safety Zone; Gulf Intracoastal
Waterway, Mile Marker 49.0 to 50.0,
West of Harvey Locks, Bank to Bank,
Bayou Blue Pontoon Bridge, Lafourche
Parish, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the Gulf Intracoastal Waterway
extending from Mile Marker 49.0 to
Mile Marker 50.0, bank to bank, West of
Harvey Locks, Terrebone Parish, LA.
This Safety Zone is needed to protect
the general public, vessels, and tows
from destruction, loss or injury due to
repairs of the Bayou Blue Pontoon
Bridge and associated hazards.
DATES: This rule is effective without
actual notice from July 31, 2014 until
August 10, 2014. For the purposes of
enforcement, actual notice will be used
from June 23, 2014, until July 31, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0411]. 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 rule, call or
email MST1 Isaac Chavalia, U.S. Coast
Guard; telephone (985) 850–6456, email
Isaac.J.Chavalia@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Bridges.
§ 117.287
DEPARTMENT OF HOMELAND
SECURITY
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
WHL West of Harvey Locks
GIWW Gulf Intracoastal Waterway
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COTP
Captain of the Port
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 an 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 was made aware of the necessary
Bayou Blue Pontoon Bridge repairs on
May 6, 2014. The Coast Guard reviewed
the details for the necessary bridge
repairs and determined that additional
safety measures are necessary during
these repairs to maintain safety of
navigation. Completing the full NPRM
process would be contrary to public
interest as it would delay the immediate
action needed to protect the general
public, vessel and tows from potential
hazards associated with the repairs of
the Bayou Blue Pontoon Bridge, Mile
Marker 49.8, Gulf Intracoastal Waterway
(GIWW), West of the Harvey Locks
(WHL). Additionally, completing the
NPRM process is impracticable and it
would unnecessarily delay the bridge
repairs.
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.
Publishing a NPRM and delaying its
effective date would be contrary to
public interest since immediate action is
needed to protect the general public,
vessel and tows from hazards associated
with the repairs of the Bayou Blue
Pontoon Bridge, Mile Marker 49.8,
GIWW, WHL.
B. Basis and Purpose
The Coast Guard received notice on
May 6, 2014, that the construction and
repair work on the Bayou Blue, LA State
Route 316, Pontoon Bridge, Mile Marker
49.8, GIWW, WHL, to repair the bridge
to better serve the maritime commerce
will continue through mid 2014. To
protect the general public, vessels and
tows from destruction, loss or injury
due to the hazards associated with these
construction operations in and around
the waterways, the Coast Guard is
establishing this temporary final safety
zone which will continue through Aug.
10, 2014.
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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; Pub. L. 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
provide additional safety measures for
persons and vessels transiting in and
through a specified area on the
waterway and to protect life and
property during the construction and
repair operations on the Bayou Blue, LA
State Route 316, Pontoon Bridge, Mile
Marker 49.8, GIWW, WHL. There will
be a work barge, support vessels and
personnel present in the channel
associated with the construction and
repair operation. This operation poses
significant safety hazards to both vessels
and mariners operating in the vicinity of
the Bayou Blue, LA State Route 316,
Pontoon Bridge, Mile Marker 49.8,
GIWW, WHL.
C. Discussion of the Final Rule
The Coast Guard is establishing a
temporary safety zone in the GIWW
extending from Mile Marker 49.0 to
Mile Marker 50.0, bank to bank, WHL,
Terrebonne Parish, LA. This Safety
Zone is needed to protect the general
public, vessels and tows from
destruction, loss or injury due to repairs
of the Bayou Blue Pontoon Bridge and
associated hazards.
The COTP Morgan City or a
designated representative will inform
the public through Broadcast Notice to
Mariners of schedule changes in the
construction work and changes in
effective dates and times for the safety
zone. At all times, vessels and tows
transiting between GIWW Mile Markers
49.0 to 50.0, WHL, are required to
proceed at slowest safe speed to
minimize wakes until construction is
completed or August 10, 2014,
whichever occurs earlier. In order to
facilitate repairs, the following
waterway schedule will be implemented
Mondays through Fridays beginning
June 23, 2014, and continuing through
August 10, 2014. From 6:00 a.m. to
10:30 a.m. there will be a restricted
clearance of 40 feet limiting access for
all transits with the exception of small
tows less than 40 feet wide and small
boats. From 10:30 a.m. to 1:30 p.m. the
waterway will be open to all tows with
eastbound traffic allowed to transit first,
followed by westbound traffic. From
1:30 p.m. to 6:00 p.m. there will be a
restricted clearance of 40 feet limiting
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access for all transits with the exception
of small tows less than 40 feet and small
boats. Outside of the above schedule
and on weekends, mariners will be able
to transit through the work zone
unrestricted. Additionally, no waterway
restrictions will occur during the
following holidays: Independence Day
(July 4, 2014). Work to repair the fender
will be performed on a crane barge
staged in the channel during the closure
schedule. All mariners are to contact the
bridge operator on VHF–FM Channel 13
or at telephone 985–857–3666 in
advance of arriving at the bridge for
clearance and passing instructions.
Once cleared for passage, mariners
should exercise extreme caution and
transit through the bridge at the slowest
safe speed.
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.
The safety zone listed in this rule will
only restrict vessel traffic during
construction and repair operations and
enforcement periods are short in
duration. The effect of this regulation
will not be a significant regulatory
action because: (1) This rule will only
affect vessel traffic for short durations of
time; (2) vessels may request permission
from the HWY 316 bridge operator on
VHF–FM Channel 13 or at telephone
985–857–3666 to deviate from this rule;
and (3) the impacts on routine
navigation are expected to be minimal
due to scheduled periods without
channel restrictions. Notifications to the
marine community will be made
through Broadcast Notice to Mariners
and Local Notice to Mariners. These
notifications will allow the public to
plan operations around the affected area
and enforcement periods.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
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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 in the
affected portions of the GIWW in the
vicinity of the Bayou Blue, LA State
Route 316, Pontoon Bridge MM 49.8
WHL. 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, enforcement periods are
of short duration and vessel traffic may
request permission from the COTP
Morgan City or a designated
representative to deviate from the safety
zone.
If you are a small business entity and
are significantly affected by this
regulation, please contact MST1 Isaac
Chavalia, Marine Safety Unit Houma, at
(985) 850–6456.
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 will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule 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
INTFORMATION 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 cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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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,
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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.
(a) Location. The following area is a
safety zone: all waters of the GIWW,
from Mile Marker 49.0 to 50.0, WHL,
bank to bank, Houma, Terrebonne
Parish, LA.
(b) Enforcement Areas. Gulf
Intracoastal Waterway, Mile Marker 49.0
to Mile Marker 50.0, WHL, bank to
bank, Lafourche Parish, LA.
(c) Effective date. This rule is effective
without actual notice from July 31, 2014
until August 10, 2014. For the purposes
of enforcement, actual notice will be
used from June 23, 2014, until July 31,
2014.
(d) Regulations. (1) In accordance
with the general regulations in § 165.33
of this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port (COTP) Morgan City.
(2) Vessels requiring entry into or
passage through the Safety Zone must
request permission from the COTP
Morgan City, the Hwy 316 bridge
tender, or a designated representative.
The Hwy 316 bridge tender can be
contacted on VHF–FM Channel 13 or at
telephone 985–857–3666 in advance of
arriving for clearance and passing
instructions.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP Morgan
City, the Hwy 316 bridge tender, or a
designated representative and pass at
slowest safe speed to minimize wake.
(4) While the safety zone is in effect,
there will be restricted clearance of 40
feet for marine traffic on the GIWW,
from Mile Marker 49.0 to 50.0 from 6:30
a.m. to 10:30 a.m. and 1:30 p.m. to 6:00
p.m., Monday through Friday. To
minimize waterway impact, this area
will be open without restriction to
marine traffic from 6:00 p.m. to 6:30
a.m. and from 10:30 a.m. to 1:30 p.m. or
until traffic clears, Monday through
Friday.
(5) All persons and vessels shall
comply with the instructions of the
COTP Morgan City and designated onscene patrol personnel. On-scene patrol
personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
(e) Informational Broadcasts. The
COTP Morgan City or a designated
representative will inform the public
through Broadcast Notice to Mariners of
the enforcement periods for the safety
zone as well as any changes in the
planned schedule.
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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. The safety zone provides
safety for the public while the Bayou
Blue, LA State Route 316, Pontoon
Bridge MM 49.8 WHL is refurbished.
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. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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(g), 6.04–1, 6.04–6, 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 § 165.T08–0411 is
added to read as follows:
§ 165.T08–0411 Safety Zone; Gulf
Intracoastal Waterway, Mile Marker 49.0 to
Mile Marker 50.0, West of Harvey Locks,
Bank to Bank, Bayou Blue Pontoon Bridge,
Lafourche Parish, LA.
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
Dated: June 20, 2014.
D.G. McClellan,
Captain, U.S. Coast Guard, Captain of the
Port Morgan City, Louisiana.
Act of 2014, Public Law 113–76, 128
Stat. 5 (January 17, 2014) and the
Agricultural Act of 2014, Public Law
113–79, 128 Stat. 649 (February 7,
2014). Further, technical amendments
are made to update the legislative
authority provision for Part 218 of Title
36 of the Code of Federal Regulations
and to include a statutory prohibition
contained in the referenced legislation
in 36 CFR 218.23(a). This rulemaking is
ministerial in nature.
[FR Doc. 2014–18081 Filed 7–30–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 215 and 218
RIN 0596–AD18
Notice, Comment, and Appeal
Procedures for National Forest System
Projects and Activities and ProjectLevel Predecisional Administrative
Review Process
Forest Service, USDA.
Final rule.
AGENCY:
ACTION:
The U.S. Department of
Agriculture (Department) issues this
final rule to amend regulations
concerning administrative reviews
(appeals and objections) for projects or
activities that are categorically excluded
under the National Environmental
Policy Act. The combined effect of the
Consolidated Appropriations Act of
2014 and the 2014 Farm Bill makes the
36 CFR Part 215 regulations (postdecisional appeals) obsolete and permits
withdrawal in their entirety. An
amendment is also made to update the
legislative authority provision for 36
CFR Part 218 (pre-decisional objections)
and to include a statutory prohibition
contained in the referenced legislation.
The final rule enables the Department to
meet the intent of Congress.
DATES: This rule is effective July 31,
2014.
FOR FURTHER INFORMATION CONTACT:
Deborah Beighley, Assistant Director,
Judicial and Administrative Review,
Ecosystem Management Coordination
staff, at 202–205–1277 or via email at
dbeighley@fs.fed.us, or Joel Strong,
National Litigation Coordinator, Judicial
and Administrative Review, Ecosystem
Management Coordination staff, at 202–
205–0939 or via email at jstrong@
fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION: The
Department gives notice that Part 215 of
Title 36 of the Code of Federal
Regulations is repealed in conformity
with the Consolidated Appropriation
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SUMMARY:
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1. Background
In 1992, Congress enacted the
Appeals Reform Act (16 U.S.C. 1612
note) (ARA) directing the Secretary of
Agriculture to establish a notice and
comment process for certain Forest
Service projects and activities and
modify the agency’s voluntarily
provided, post-decisional administrative
appeal procedures concerning such
projects. Implementing regulations were
promulgated in 1993 (58 FR 58904) and
subsequently revised in 2003 (68 FR
33582). The 1993 and 2003 rulemakings
directed that project or activity
decisions that had been categorically
excluded from documentation in an
environmental assessment or
environmental impact statement were
exempt from the regulatory procedures.
That Department’s statutory
interpretation set forth in the
regulations was the subject of litigation.
See, for example, Summers v. Earth
Island Institute, 555 U.S. 488 (2009);
Wilderness Society v. Rey, 622 F.3d
1251 (9th Cir. 2010); Wildlaw v. United
States Forest Service, 471 F.Supp.2d
1221 (M.D. Ala. 2007).
On March 19, 2012, the U. S. District
Court for the Eastern District of
California issued a nationwide
injunction permanently enjoining the
Forest Service from implementing 36
CFR 215.4(a) and 215.12(f) (concerning
categorically excluded projects). The
United States appealed that ruling. In
response to the injunction, the Chief of
the Forest Service instructed all units of
the National Forest System to refrain
from applying Sections 215.4(a) and
215.12(f) and to provide notice,
comment, and appeal opportunities for
all projects and activities implementing
forest plans that are documented in a
decision memo, decision notice, or
record of decision. In addition, Line
Officers were instructed to write
decision memos for any proposed action
or activity that seeks to authorize the
sale of timber, and to offer the
opportunity for notice, comment, and
appeal on these proposed actions.
Just prior to the District Court’s
ruling, Congress enacted Section 428 of
the Consolidated Appropriation Act of
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2012, Public Law 112–74 (December 23,
2011) (2012 Act) superseding the 1993
ARAs administrative review process.
Specifically, Congress directed the
Secretary to promulgate new regulations
implementing a predecisional objection
process exclusively for projects and
activities documented with a Record of
Decision or Decision Notice in lieu of
the ARA process. The Secretary
published regulations implementing the
2012 Act on March 27, 2013 (78 FR
18481). In light of ongoing judicial and
legislative processes, the Secretary
reserved taking action concerning the
supplanted provisions in the ARA
regulations or from addressing whether
categorically excluded projects should
be included within the new
predecisional objection process.
On January 17, 2014, the President
signed into law the Consolidated
Appropriations Act, 2014, Public Law
113–76, 128 Stat. 5 (2014). Section 431
of that Act directs that the 1993 ARA
and the 2012 Act shall not apply to any
categorically excluded project or
activity. The legislative history
confirmed Congress’ intention to return
public involvement processes to the
preexisting regulatory norm prior to the
date of the District Court’s injunction.
The legislation recognizes and approves
the Department’s longstanding
interpretation of the Appeals Reform
Act in the Part 215 regulations and the
Forest Service’s other discrete
mechanisms for providing for public
participation in project development,
including its agency National
Environmental Policy Act (NEPA)
procedures.
On February 7, 2014, the President
signed into law the Agricultural Act of
2014, Public Law 113–79, 128 Stat. 649.
Section 8006 of that Act: (1) Repeals the
Appeal Reform Act in its entirety, and
(2) repeats the admonition of the
recently enacted fiscal year (FY) 2014
Appropriation Act that the
predecisional objection process required
under the 2012 Act shall not apply to
any categorically excluded project or
activity. The legislative history again
confirms Congress’ design to address the
management challenge that became
apparent following the nationwide
injunction by repealing the underlying
statute in order to ensure nonsignificant
actions may promptly proceed.
As a result of these statutes, the
Department has repealed Part 215 and
amended Part 218 of Title 36 of the
Code of Federal Regulations. As to Part
215, those regulations’ sole function was
to implement the now repealed 1992
Appeals Reform Act. With the passage
of the 2012 Appropriation, FY 2014
Appropriation, and the Agricultural Act
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44288-44291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18081]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0411]
RIN 1625-AA00
Safety Zone; Gulf Intracoastal Waterway, Mile Marker 49.0 to
50.0, West of Harvey Locks, Bank to Bank, Bayou Blue Pontoon Bridge,
Lafourche Parish, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Gulf Intracoastal Waterway extending from Mile Marker 49.0 to Mile
Marker 50.0, bank to bank, West of Harvey Locks, Terrebone Parish, LA.
This Safety Zone is needed to protect the general public, vessels, and
tows from destruction, loss or injury due to repairs of the Bayou Blue
Pontoon Bridge and associated hazards.
DATES: This rule is effective without actual notice from July 31, 2014
until August 10, 2014. For the purposes of enforcement, actual notice
will be used from June 23, 2014, until July 31, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0411]. 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 rule,
call or email MST1 Isaac Chavalia, U.S. Coast Guard; telephone (985)
850-6456, email Isaac.J.Chavalia@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
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
WHL West of Harvey Locks
GIWW Gulf Intracoastal Waterway
COTP Captain of the Port
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
an 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 was made aware of the
necessary Bayou Blue Pontoon Bridge repairs on May 6, 2014. The Coast
Guard reviewed the details for the necessary bridge repairs and
determined that additional safety measures are necessary during these
repairs to maintain safety of navigation. Completing the full NPRM
process would be contrary to public interest as it would delay the
immediate action needed to protect the general public, vessel and tows
from potential hazards associated with the repairs of the Bayou Blue
Pontoon Bridge, Mile Marker 49.8, Gulf Intracoastal Waterway (GIWW),
West of the Harvey Locks (WHL). Additionally, completing the NPRM
process is impracticable and it would unnecessarily delay the bridge
repairs.
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. Publishing a NPRM
and delaying its effective date would be contrary to public interest
since immediate action is needed to protect the general public, vessel
and tows from hazards associated with the repairs of the Bayou Blue
Pontoon Bridge, Mile Marker 49.8, GIWW, WHL.
B. Basis and Purpose
The Coast Guard received notice on May 6, 2014, that the
construction and repair work on the Bayou Blue, LA State Route 316,
Pontoon Bridge, Mile Marker 49.8, GIWW, WHL, to repair the bridge to
better serve the maritime commerce will continue through mid 2014. To
protect the general public, vessels and tows from destruction, loss or
injury due to the hazards associated with these construction operations
in and around the waterways, the Coast Guard is establishing this
temporary final safety zone which will continue through Aug. 10, 2014.
[[Page 44289]]
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;
Pub. L. 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 provide additional safety
measures for persons and vessels transiting in and through a specified
area on the waterway and to protect life and property during the
construction and repair operations on the Bayou Blue, LA State Route
316, Pontoon Bridge, Mile Marker 49.8, GIWW, WHL. There will be a work
barge, support vessels and personnel present in the channel associated
with the construction and repair operation. This operation poses
significant safety hazards to both vessels and mariners operating in
the vicinity of the Bayou Blue, LA State Route 316, Pontoon Bridge,
Mile Marker 49.8, GIWW, WHL.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone in the GIWW
extending from Mile Marker 49.0 to Mile Marker 50.0, bank to bank, WHL,
Terrebonne Parish, LA. This Safety Zone is needed to protect the
general public, vessels and tows from destruction, loss or injury due
to repairs of the Bayou Blue Pontoon Bridge and associated hazards.
The COTP Morgan City or a designated representative will inform the
public through Broadcast Notice to Mariners of schedule changes in the
construction work and changes in effective dates and times for the
safety zone. At all times, vessels and tows transiting between GIWW
Mile Markers 49.0 to 50.0, WHL, are required to proceed at slowest safe
speed to minimize wakes until construction is completed or August 10,
2014, whichever occurs earlier. In order to facilitate repairs, the
following waterway schedule will be implemented Mondays through Fridays
beginning June 23, 2014, and continuing through August 10, 2014. From
6:00 a.m. to 10:30 a.m. there will be a restricted clearance of 40 feet
limiting access for all transits with the exception of small tows less
than 40 feet wide and small boats. From 10:30 a.m. to 1:30 p.m. the
waterway will be open to all tows with eastbound traffic allowed to
transit first, followed by westbound traffic. From 1:30 p.m. to 6:00
p.m. there will be a restricted clearance of 40 feet limiting access
for all transits with the exception of small tows less than 40 feet and
small boats. Outside of the above schedule and on weekends, mariners
will be able to transit through the work zone unrestricted.
Additionally, no waterway restrictions will occur during the following
holidays: Independence Day (July 4, 2014). Work to repair the fender
will be performed on a crane barge staged in the channel during the
closure schedule. All mariners are to contact the bridge operator on
VHF-FM Channel 13 or at telephone 985-857-3666 in advance of arriving
at the bridge for clearance and passing instructions. Once cleared for
passage, mariners should exercise extreme caution and transit through
the bridge at the slowest safe speed.
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.
The safety zone listed in this rule will only restrict vessel
traffic during construction and repair operations and enforcement
periods are short in duration. The effect of this regulation will not
be a significant regulatory action because: (1) This rule will only
affect vessel traffic for short durations of time; (2) vessels may
request permission from the HWY 316 bridge operator on VHF-FM Channel
13 or at telephone 985-857-3666 to deviate from this rule; and (3) the
impacts on routine navigation are expected to be minimal due to
scheduled periods without channel restrictions. Notifications to the
marine community will be made through Broadcast Notice to Mariners and
Local Notice to Mariners. These notifications will allow the public to
plan operations around the affected area and enforcement periods.
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
in the affected portions of the GIWW in the vicinity of the Bayou Blue,
LA State Route 316, Pontoon Bridge MM 49.8 WHL. 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,
enforcement periods are of short duration and vessel traffic may
request permission from the COTP Morgan City or a designated
representative to deviate from the safety zone.
If you are a small business entity and are significantly affected
by this regulation, please contact MST1 Isaac Chavalia, Marine Safety
Unit Houma, at (985) 850-6456.
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 will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 44290]]
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule 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
INTFORMATION 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 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. The safety zone provides safety for the public while the
Bayou Blue, LA State Route 316, Pontoon Bridge MM 49.8 WHL is
refurbished. 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. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
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(g), 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. A new temporary Sec. 165.T08-0411 is added to read as follows:
Sec. 165.T08-0411 Safety Zone; Gulf Intracoastal Waterway, Mile
Marker 49.0 to Mile Marker 50.0, West of Harvey Locks, Bank to Bank,
Bayou Blue Pontoon Bridge, Lafourche Parish, LA.
(a) Location. The following area is a safety zone: all waters of
the GIWW, from Mile Marker 49.0 to 50.0, WHL, bank to bank, Houma,
Terrebonne Parish, LA.
(b) Enforcement Areas. Gulf Intracoastal Waterway, Mile Marker 49.0
to Mile Marker 50.0, WHL, bank to bank, Lafourche Parish, LA.
(c) Effective date. This rule is effective without actual notice
from July 31, 2014 until August 10, 2014. For the purposes of
enforcement, actual notice will be used from June 23, 2014, until July
31, 2014.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port (COTP) Morgan City.
(2) Vessels requiring entry into or passage through the Safety Zone
must request permission from the COTP Morgan City, the Hwy 316 bridge
tender, or a designated representative. The Hwy 316 bridge tender can
be contacted on VHF-FM Channel 13 or at telephone 985-857-3666 in
advance of arriving for clearance and passing instructions.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP Morgan City, the Hwy 316 bridge
tender, or a designated representative and pass at slowest safe speed
to minimize wake.
(4) While the safety zone is in effect, there will be restricted
clearance of 40 feet for marine traffic on the GIWW, from Mile Marker
49.0 to 50.0 from 6:30 a.m. to 10:30 a.m. and 1:30 p.m. to 6:00 p.m.,
Monday through Friday. To minimize waterway impact, this area will be
open without restriction to marine traffic from 6:00 p.m. to 6:30 a.m.
and from 10:30 a.m. to 1:30 p.m. or until traffic clears, Monday
through Friday.
(5) All persons and vessels shall comply with the instructions of
the COTP Morgan City and designated on-scene patrol personnel. On-scene
patrol personnel include commissioned, warrant, and petty officers of
the U.S. Coast Guard.
(e) Informational Broadcasts. The COTP Morgan City or a designated
representative will inform the public through Broadcast Notice to
Mariners of the enforcement periods for the safety zone as well as any
changes in the planned schedule.
[[Page 44291]]
Dated: June 20, 2014.
D.G. McClellan,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2014-18081 Filed 7-30-14; 8:45 am]
BILLING CODE 9110-04-P
