

[Federal Register: October 26, 2007 (Volume 72, Number 207)]
[Rules and Regulations]               
[Page 60779-60781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc07-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. COTP Morgan City--07-018]
RIN 1625--AA00

 
Safety Zone; Morgan City-Port Allen Alternate Route, Mile Marker 
0.5 to Mile Marker 1.0, Bank to Bank

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary Safety Zone on the 
Morgan City-Port Allen Alternate Route, from Mile Marker 0.5 to Mile 
Marker 1.0, bank to bank. This Safety Zone is needed to protect divers, 
vessels, and tows from destruction, loss, or injury from salvage 
operations to remove a crane from beneath the Long-Allen Fixed Bridge, 
and to facilitate compliance with a court approved Consent Judgment 
whereby the crane must be removed prior to December 1, 2007.

DATES: This rule is effective from 6 a.m. on October 29, 2007 until 6 
p.m. on November 11, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of COTP Morgan City-07-018 and are available for 
inspection or copying at Marine Safety Unit Morgan City, 800 David 
Drive, Morgan City, Louisiana, 70380 between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander (LCDR) Rick 
Paciorka, Marine Safety Unit Morgan City, at (985) 380-5320.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. Establishment of this safety 
zone is required to comply with a Consent Judgment approved by the 
Honorable Kurt D. Engelhardt, U.S. District Judge, in his order dated 
May 17, 2007. Pursuant to his Order, the Consent Judgment between 
Jefferson Marine Towing Inc., et al and the United States requires the 
crane to be removed by Jefferson Marine not later than 1 December 2007. 
In order to effect the Consent Judgment's court approved deadline, the 
U.S. Army Corps of Engineers (ACOE), the U.S. Coast Guard, and 
Jefferson Marine met to discuss the parameters of a salvage plan. This 
plan was preliminarily approved on 29 August 2007. The preliminary plan 
projected salvage operations beginning on 17 September 2007. Given the 
potential impact on the public and industry of this near term major 
waterway closure, the Coast Guard and the ACOE negotiated a later date 
beginning 29 October 2007. This later date allowed for transit planning 
that accommodates the vast majority of fall harvest barge movement 
while still allowing for completion of the salvage work by the court 
ordered deadline. The 29 October date was tentatively agreed upon on 13 
September 2007. Publishing an NPRM and delaying its effective date 
would be contrary to public interest since immediate action is needed 
to protect divers, vessels, and mariners from the hazards associated 
with salvage operations in the area, and to facilitate compliance with 
the court approved Consent Judgment whereby the salvage operation must 
be concluded by 1 December 2007.

Background and Purpose

    Due to an allision with the Long-Allen fixed bridge, a crane was 
lost from a barge into the Morgan City-Port Allen Alternate Route. 
Salvage operations will be conducted in the vicinity of the Long-Allen 
Fixed bridge to recover the crane. The Morgan City-Port Allen Alternate 
Route will be closed to marine traffic during salvage operations. This 
Safety Zone is needed to protect divers, vessels, and tows from 
destruction, loss or injury from the dangers associated with the 
salvage operations, and to facilitate compliance with a court approved 
Consent Judgment whereby the salvage operation must be concluded by 1 
December 2007.

Discussion of Rule

    The Coast Guard is establishing a temporary Safety Zone on the 
Morgan City-Port Allen Alternate Route, from Mile Marker 0.5 to Mile 
Marker 1.0, bank to bank. The temporary Safety Zone will continue in 
effect until the salvage operations are complete. Vessels and tows may 
not enter this zone while salvage operations are taking place. This 
rule is effective from 6 a.m. on October 29, 2007 until 6 p.m. on 
November 11, 2007.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    This rule will only be in effect for a 14 day period of time and 
notifications to the marine community will be made through broadcast 
notice to mariners. The impacts on routine navigation are expected to 
be moderate to great. Vessels may continue to transit through alternate 
routes to their destinations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601--612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities.

[[Page 60780]]

The term ``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605 (b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit through the Safety Zone from 6 a.m. CDT on October 
29, 2007 until 6 p.m. CST on November 11, 2007. This Safety Zone will 
not have a significant economic impact on a substantial number of small 
entities because this rule will be in effect for a 14 day period of 
time. Additionally, vessels may continue to transit through alternate 
routes to their destinations.
    If you are a small business entity and are significantly affected 
by this regulation, please contact LCDR Rick Paciorka, Marine Safety 
Unit Morgan City, at (985) 380-5320.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so they could better evaluate its 
effects on them and participate in the rulemaking process.
    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).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation because this rule is not expected to result 
in any significant adverse environmental impact as described in NEPA.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. A new temporary Sec.  165.T08-018 is added to read as follows:


Sec.  165.T08-018  Safety Zone; Morgan City-Port Allen Alternate Route, 
from Mile Marker 0.5 to Mile Marker 1.0, bank to bank.

    (a) Enforcement Areas. Morgan City-Port Allen Alternate Route, from 
Mile Marker 0.5 to Mile Marker 1.0, bank to bank.
    (b) Effective date. This section is effective from 6 a.m. on 
October 29, 2007 until 6 p.m. on November 11, 2007.
    (c) 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 Morgan City.
    (2) Vessels requiring entry into or passage through the Safety Zone 
must

[[Page 60781]]

request permission from the Captain of the Port Morgan City, or a 
designated representative. They may be contacted on VHF Channel 11, or 
by telephone at (985) 380-5320.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Morgan City and designated on-scene U.S. Coast 
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel 
include commissioned, warrant, and petty officers of the U.S. Coast 
Guard.

    Dated: October 23, 2007.
J. Scott Paradis,
Captain, U.S. Coast Guard, Captain of the Port Morgan City.
[FR Doc. 07-5354 Filed 10-24-07; 1:09 pm]

BILLING CODE 4910-15-P
