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]

Download as PDF 44288 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] mstockstill on DSK4VPTVN1PROD with RULES 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 http:// 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 VerDate Mar<15>2010 17:37 Jul 30, 2014 Jkt 232001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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. E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 17:37 Jul 30, 2014 Jkt 232001 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, PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 44289 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). E:\FR\FM\31JYR1.SGM 31JYR1 44290 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. mstockstill on DSK4VPTVN1PROD with RULES 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, VerDate Mar<15>2010 17:37 Jul 30, 2014 Jkt 232001 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. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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. E:\FR\FM\31JYR1.SGM 31JYR1 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 mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:37 Jul 30, 2014 Jkt 232001 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 44291 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 http://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