
[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Rules and Regulations]               
[Page 71543-71545]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no10-10]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0999]
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, Lafourche 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 in the CFR on November 24, 2010 through 
February 28, 2011. This rule is effective with actual notice for 
purposes of enforcement on October 28, 2010. This rule will remain in 
effect until February 28, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0999 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0999 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 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 
temporary rule, call or e-mail Lieutenant Junior Grade (LTJG) Barron 
Lacy, Coast Guard; telephone 985-857-8507 ext. 232, e-mail 
Barron.K.Lacy@uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory 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 
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 publishing a NPRM would be 
impracticable, as 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, Gulf Intracoastal 
Waterway, West of Harvey Locks.
    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 impracticable, as 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, 
Gulf Intracoastal Waterway, West of Harvey Locks.

Background and Purpose

    The Bayou Blue Pontoon Bridge on State Route 316 across the Gulf 
Intracoastal Waterway, Mile 49.8 West of Harvey Lock, near Bourg, 
Louisiana has been severely damaged as the result of a vessel allision. 
The pontoon barge has been secured along the north side of the waterway 
and protrudes approximately 30 feet into the navigational channel. Most 
of the fender system has been destroyed or has been seriously damaged. 
As a result, the bridge must be repaired, and the Coast Guard is 
establishing a safety zone to ensure the safety of persons and vessels 
due to the hazards during this time.

Discussion of Rule

    The Coast Guard is establishing a temporary Safety Zone in the Gulf 
Intracoastal Waterway from Mile Marker 49.0 to 50.0, bank to bank, West 
of Harvey locks. The temporary Safety Zone will continue from November 
1, 2010 through February 28, 2011. Vessels and tows may not enter this 
zone unless authorized by the Captain of the Port Morgan City.
    In order to facilitate repairs, the following waterway closure 
schedule will be implemented Mondays through Fridays beginning November 
1, 2010 and continuing through the end of February, 2011, at the 
following times:
    6 a.m. to 10:30 a.m.--Complete closure with the exception of small 
tows less than 40 feet wide and small boats.
    10:30 a.m. to 1:30 p.m.--Open to all tows with eastbound traffic 
allowed to transit first, followed by westbound traffic.
    1:30 p.m. to 6 p.m.--Complete closure with the exception of small 
tows less than 40 feet and small boats. Outside of the above closure 
times and on weekends, mariners will be able to transit through the 
work zone unrestricted. Additionally, no waterway restrictions will 
occur during the following holidays: Thanksgiving holidays (November 25 
through 28, 2010); Christmas Holidays (December 24 through 26, 2010) 
and New Year's Holidays (December 31, 2010 through January 2, 2011). 
Diving operations will be conducted throughout the repair operation. 
All mariners are to contact the bridge on VHF-FM Channel 13 or at 
telephone 985-857-3666 in advance of arriving at the bridge for 
clearance and passing instructions. Mariners may also contact the 
attendant tug, M/V MISS DIXIE on VHF-FM Channel 13. Once cleared for 
passage, mariners should exercise extreme caution and transiting 
through the bridge at slowest safe speed.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.

[[Page 71544]]

    This rule will only be in effect for a short period of time and 
notifications to the marine community will be made through broadcast 
notice to mariners and Local Notice to Mariners. The impacts on routine 
navigation are expected to be minimal.

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. 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 01 NOV, 2010 through 28 FEB, 2011. 
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 only a short period of time.
    If you are a small business entity and are significantly affected 
by this regulation, please contact LTJG Barron Lacy, Marine Safety Unit 
Houma, at 985-857-8507 ext. 232.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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). 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.

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 (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.

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.

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 a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves an emergency situation 
and will be in effect for over one week, but is not expected to result 
in any significant adverse environmental impact as described in NEPA.
    An environmental analysis checklist and a categorical exclusion

[[Page 71545]]

determination will be provided and made available at the docket as 
indicated in the ADDRESSES section.

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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. Add Sec.  165.T08-0999 to read as follows:


Sec.  165.T08-0999  Safety Zone; Gulf Intracoastal Waterway, Mile 
Marker 49.0 to Mile Marker 50.0, West of Harvey Locks, bank to bank, 
Lafourche Parish, LA.

    (a) Enforcement areas. Gulf Intracoastal Waterway, Mile Marker 49.0 
to Mile Marker 50.0, West of Harvey Locks, bank to bank, Lafourche 
Parish, LA.
    (b) Enforcement times. This safety zone will be enforced at the 
following times:
    (1) 6 a.m. to 10:30 a.m.--Complete closure with the exception of 
small tows less than 40 feet wide and small boats.
    (2) 10:30 a.m. to 1:30 p.m.--Open to all tows with eastbound 
traffic allowed to transit first, followed by westbound traffic.
    (3) 1:30 p.m. to 6 p.m.--Complete closure with the exception of 
small tows less than 40 feet and small boats.
    (4) Outside of the above closure times and on weekends, mariners 
will be able to transit through the work zone unrestricted. 
Additionally, no waterway restrictions will occur during the following 
holidays: Thanksgiving holidays (November 25 through 28, 2010); 
Christmas Holidays (December 24 through 26, 2010) and New Year's 
Holidays (December 31, 2010 through January 2, 2011).
    (b) Effective date. This rule is effective from October 28, 2010, 
through February 28, 2011.
    (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 request permission from the Captain of the Port Morgan City, or a 
designated representative. They may be contacted on VHF Channel 13 or 
16, or by telephone at (985) 857-8507.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Morgan City and designated on-scene patrol 
personnel. On-scene patrol personnel include commissioned, warrant, and 
petty officers of the U.S. Coast Guard.

    Dated: October 28, 2010.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2010-29670 Filed 11-23-10; 8:45 am]
BILLING CODE 9110-04-P

