[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44288-44291]
[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<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

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.

    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<PHONE_NUMBER> 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<PHONE_NUMBER> 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<PHONE_NUMBER>.

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).

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<PHONE_NUMBER> 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.

    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