
[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Rules and Regulations]
[Pages 31725-31727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13031]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0392]
RIN 1625-AA00


Safety Zone; Belle Pass Dredge Operations, Belle Pass, Mile 
Marker 1.0 to Mile Marker (-0.2), Port Fourchon, Lafourche Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 500 foot temporary moving 
safety zone around the U.S. Government Contract Cutterhead Dredge 
MISSOURI H, while it conducts dredging operations in specified waters 
of Belle Pass, Port Fourchon, Louisiana. This action is necessary for 
the protection of persons and vessels on navigable waters during 
dredging operations. Entry into or transiting in this zone is 
prohibited to all vessels, mariners, and persons unless specifically 
authorized by the Captain of the Port (COTP) Morgan City or a 
designated representative.

DATES: Effective Date: This rule is effective in the CFR from May 30, 
2012 until 8 a.m. on June 30, 2012. This rule is effective with actual 
notice for purposes of enforcement beginning 8 a.m. on May 2, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0392]. 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 
temporary rule, call or email Ensign Nicholas Jones, U.S. Coast Guard; 
telephone (985) 857-8507 ext. 232, email Nicholas.B.Jones@uscg.mil. If 
you have questions on viewing the docket, call Renee V. Wright, 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

A. 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 there is insufficient time to publish 
a NPRM. The Coast Guard received notice on April 27, 2012 from Port 
Fourchon Harbor Police that fishing vessels were actively fishing in 
the immediate vicinity of the Dredge MISSOURI H, creating an unsafe 
condition for mariners. This notice did not provide the time needed for 
the NPRM process. Publishing a NPRM would be impracticable and contrary 
to public interest because it would unnecessarily delay the immediate 
action needed to protect persons and vessels from potential safety 
hazards associated with dredging operations.
    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. The Coast Guard received notice on 
April 27, 2012 from Port Fourchon Harbor Police that fishing vessels 
were actively fishing in the immediate vicinity of the Dredge MISSOURI 
H, creating an unsafe condition for mariners. This notice did not 
provide an opportunity to make this rule effective only upon a lapsing 
of 30 days post publication in the Federal Register. Making this rule 
effective only upon the lapse of 30 days post publication in the 
Federal Register would be contrary to public interest because it would 
unnecessarily delay the immediate action needed to protect persons and 
vessels from potential safety hazards associated with dredging 
operations.

B. Basis and Purpose

    The purpose of this temporary safety zone is to protect persons and 
vessels during the dredging operations of the Dredge MISSOURI H. The 
Dredge MISSOURI H will work 24 hours a day, 7 days a week, and will 
deposit material using floating and submerged pipelines along the Gulf 
Shoreline of Belle Pass. In addition to the dredging equipment 
described above, there are numerous work and support vessels associated 
with the dredging operation. This dredging operation poses significant 
safety hazards to both vessels and mariners operating in the vicinity 
of the Dredge MISSOURI H.

C. Discussion of Rule

    The Coast Guard is establishing a 500 foot temporary moving safety 
zone around the Dredge MISSOURI H while

[[Page 31726]]

it conducts dredging operations from Mile Marker 1.0 to Mile Marker (-
0.2) located in Belle Pass, Port Fourchon, Louisiana. Entry into or 
transiting in this zone is prohibited to all vessels, mariners, and 
persons unless specifically authorized by the Captain of the Port 
(COTP) Morgan City or a designated representative.
    The COTP Morgan City or a designated representative will inform the 
public through Broadcast Notice to Mariners of changes in the effective 
period for the safety zone. This rule is effective from 8 a.m. on May 
2, 2012 until 8 a.m. on June 30, 2012.

D. 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.

 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 temporary safety zone listed in this rule will only restrict 
vessel traffic from entering or transiting within 500 feet of the 
Dredge MISSOURI H. The effect of this regulation will not be a 
significant regulatory action because: (1) This rule will only affect 
vessel traffic for a short duration; (2) vessels may request permission 
from the COTP to transit through the safety zone; and (3) the impacts 
on routine navigation are expected to be minimal. Notifications to the 
marine community will be made through Broadcast Notice to Mariners. 
These notifications will allow the public to plan operations around the 
affected area.

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 Dredge MISSOURI H's proposed dredging 
areas. 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, is of short duration and vessel traffic may 
request permission from the COTP Morgan City or a designated 
representative to enter or transit through the zone.
    If you are a small business entity and are significantly affected 
by this regulation, please contact Ensign Nicholas Jones, Marine Safety 
Unit Houma, at (985) 857-8507 ext. 232.

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 or 
government. We have analyzed this rule under that Order and have 
determined that it 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 
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.

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

[[Page 31727]]

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. This rule involves a moving safety zone in effect for a 
limited period of time. The moving safety zone provides safety for the 
public while the Dredge MISSOURI H is conducting dredging operations. 
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.

E. List of Subjects in 33 CFR Part 165

    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, 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.T08-0392 is added to read as follows:


Sec.  165.T08-0392  Safety Zone; Belle Pass Dredge Operations, Belle 
Pass, Mile Marker 1.0 to Mile Marker (-0.2), Port Fourchon, Lafourche 
Parish, LA.

    (a) Location. The following area is a moving safety zone: all 
waters 500 feet around the Dredge MISSOURI H, while it conducts 
dredging operations from Belle Pass Mile Marker 1.0 to Mile Marker (-
0.2).
    (b) Effective date. This rule is effective from 8 a.m. on May 2, 
2012 until 8 a.m. on June 30, 2012.
    (c) Periods of enforcement. This rule will be enforced with actual 
notice from 8 a.m. on May 2, 2012 until 8 a.m. on June 30, 2012. The 
Captain of the Port Morgan City or a designated representative will 
inform the public through Broadcast Notice to Mariners of the 
enforcement period for the safety zone as well as any changes in the 
planned schedule.
    (d) Regulations. (1) In accordance with the general regulations in 
33 CFR part 165, subpart C, entry into this zone is prohibited unless 
authorized by the Captain of the Port Morgan City or a designated 
representative.
    (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) Mariners should contact the Dredge MISSOURI H, on VHF-FM 
Channel 13 or 16 prior to the arrival at the safety zone for permission 
to enter or transit through the safety zone.
    (4) If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port or a designated 
representative.
    (5) 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.
    (e) Informational Broadcasts. The Captain of the Port Morgan City 
or a designated representative will inform the public through Broadcast 
Notice to Mariners of the enforcement period for the safety zone as 
well as any changes in the planned schedule.

    Dated: May 1, 2012.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2012-13031 Filed 5-29-12; 8:45 am]
BILLING CODE 9110-04-P


