Safety Zone; Bayou Petite Caillou, Boudreaux Canal Floodgate; Chauvin, LA, 6179-6181 [2016-02281]
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02281]
DEPARTMENT OF HOMELAND SECURITY
33 CFR Part 165
[Docket Number USCG-2015-1125]
Safety Zone; Bayou Petite Caillou, Boudreaux Canal Floodgate;
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is establishing a temporary safety zone on all
navigable waters within a 750 foot radius around the center of the
Boudreaux Canal Flood Gates in Chauvin, LA. This safety zone is
necessary to protect persons, property, and infrastructure from
potential damage and safety hazards associated with repair work on the
Boudreaux Canal Sector Flood Gates located on Bayou Petite Caillou.
During the periods of enforcement, entry into and transiting or
anchoring within this safety zone is prohibited unless specifically
authorized by Captain of the Port (COTP) Morgan City or other
DATES: This rule is effective without actual notice from February 5,
2016 until February 27, 2016. For the purposes of enforcement, actual
notice will be used from January 6, 2016 until February 5, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1125 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Vanessa Taylor, Chief of
Waterways Management, U.S. Coast Guard MSU Morgan City 800 David Dr.,
Morgan City, LA 70380; telephone (985) 380-5334, email
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because repair work on the Boudreaux Canal
Sector Flood Gates located on Bayou Petite Caillou needs to be
completed before marine traffic increases during the extremely high
traffic periods of the upcoming shrimping season. The Coast Guard
received notice of the need for this repair December 16, 2015. Repair
work pushed to any later date will unnecessarily create major traffic
delays. It is impracticable to publish an NPRM because we must
establish this safety zone by January 6, 2016.We are issuing this rule,
and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. Delaying the effective date of this rule would be
contrary to public interest because immediate action is needed to
provide additional safety measure during the repair work so that it may
be completed before the high traffic periods during the upcoming
III. Legal Authority and Need for Rule
The legal basis and authorities for this rule are found in 33
The purpose of the rule is to establish the necessary temporary
safety zone to provide protection for persons and property from the
hazards associated with the repairs. This includes commercial and
recreational vessels that may be in the area during the repair, removal
and re-installation of the Boudreaux Canal Flood Gates.
IV. Discussion of the Rule
This rule establishes a safety zone from January 6, 2016 through
January 15, 2016 and from February 18, 2016 through February 27, 2016.
The safety zone will cover all navigable waters within a 750 foot
radius around coordinate 29[deg]23.117 N., 90[deg]37.038 W. which is
located in center of the Boudreaux Canal Flood Gates. This safety zone
is intended to protect personnel, vessels, and the marine environment
in these navigable waters while the inspection, repair, removal, and
re-installation of flood gates occurs. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly,
it has not been reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, duration, and traffic during the time-of-year of the safety
zone. The safety zone only impacts a small designated area of the
Waterway in Chauvin, LA during two scheduled time periods. First,
during 10 days from January 6, 2016 through January 15, 2016; and
second during 9 days from February 18, 2016 through February 27, 2016.
This is a time of year when vessel traffic is normally low.
Additionally, vessel traffic will be allowed to transit from January
16, 2016 through February 17, 2016, mid-way through the repair
timeline. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 informing waterway users of the
safety zone and any changes in the schedule. Finally, the rule allows
vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. 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.
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 (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. This
rule involves a safety zone lasting less than 20 days that will
prohibit entry within a 750 foot radius around coordinate 29[deg]23.117
N., 90[deg]37.038 W., which is located in the center of the Boudreaux
Canal Flood Gates in Chauvin, LA. It 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (waters), 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
2. Add Sec. 165.T08-1121 to read as follows:
Sec. 165.T08-1121 Safety Zone; Bayou Petite Caillou, Boudreaux Canal
Floodgate; Chauvin, LA.
(a) Location. The following area is a safety zone: All waters
within a 750 foot radius around coordinate 29[deg]23.117 N.,
90[deg]37.038 W., which is located in the center of the Boudreaux Canal
Flood Gates in Chauvin, LA.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officers operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Morgan City in the enforcement of the safety
(c) Regulations. (1) Under the general safety zone regulations in
33 CFR part 165, subpart C, you may not enter the safety zones
described in paragraph (a) of this section unless authorized by the
COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16, or through Coast Guard Marine
Safety Unit Morgan City at 985-380-5334. Those in the safety zones must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This rule will be enforced from January 6,
2016 through January 15, 2016, and from February 18, 2016 through
February 27, 2016.
(e) Informational Broadcasts. The COTP or a designated
representative will inform the public through broadcasts notice to
mariners of the enforcement period for the emergency safety zones as
well as any changes in the dates and times of enforcement.
Dated: January 5, 2016.
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2016-02281 Filed 2-4-16; 8:45 am]
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