
[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Rules and Regulations]
[Pages 3105-3108]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00902]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0880]
RIN 1625-AAOO


Safety Zone; Houma Navigation Canal, Mile Marker 35.5 to 36.5, 
and Gulf Intracoastal Waterway, Mile Marker 59.0 to 60.0, West of 
Harvey Locks, Bank to Bank; Houma, Terrebonne Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a safety zone in the Houma 
Navigation Canal, from Mile Marker 35.5 to 36.5, and in the Gulf 
Intracoastal Waterway (GIWW), from Mile Marker 59.0 to 60.0, West of 
Harvey Locks, bank to bank, during the completion of construction and 
repair work on the HWY 661 Swing Bridge, Terrebonne Parish, LA. 
Restrictions under this safety zone will be enforced intermittently as 
necessary to protect persons and property from hazards associated with 
the construction and repair operations on the Highway 661 Swing Bridge.

DATES: This rule is effective without actual notice January 17, 2014 
through July 1, 2014. For purposes of enforcement, actual notice will 
be used from the date the rule was signed, December 13, 2013 until 
January 17, 2014.
    Comments and related material must be received by the Coast Guard 
on or before February 18, 2014.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2012-0880. 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.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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 Isaac.J.Chavalia@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

GIWW Gulf Intracoastal Waterway
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
rulemaking
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed

[[Page 3106]]

postcard or envelope. We will consider all comments and material 
received during the comment period and may change the rule based on 
your comments.

2. Viewing Comments and Documents

    To view comments, as well as 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    As provided under the ``Public Participation and Request for 
Comments'' section above, this interim rule includes a request for 
comments and the Coast Guard encourages the public to participate 
through the comment process. Comments received will be reviewed to 
determine if this interim safety zone requires further review or 
revision.
    The Coast Guard is issuing this interim rule without prior notice 
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 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 providing notice and making 
this rule effective less than 30 days after publication in the Federal 
Register. The construction and repairs on the Highway 661 Swing Bridge 
have been ongoing since December 2012, for approximately one year, 
during which time the Coast Guard established temporary safety zones 
effective during certain construction periods. These restrictions were 
enacted and rescinded through broadcast notices to mariners and marine 
safety information bulletins. Local mariners and waterway users are 
aware of the ongoing bridge construction and repairs and transit 
through the area with restricted navigational requirements necessary to 
ensure safety of navigation continues without issue.
    The Coast Guard received notice of a revised and extended timeline 
to complete construction and repair on the Highway 661 Swing Bridge on 
November 15, 2013. The Coast Guard reviewed the revised and extended 
timeline and remaining construction work to be done and determined that 
additional safety measures to ensure safety of navigation remain 
necessary. Based on the necessity of the work to be done and extended 
construction timeline presented to the Coast Guard, immediate action is 
required to establish this interim safety zone. Delaying the effective 
date for this interim rule to provide a full 30 days notice through 
publication in the Federal Register would be impracticable and contrary 
to public interest because it would unnecessarily delay the immediate 
action needed to protect persons and property from potential safety 
hazards associated with construction and repair operations on the 
Highway 661 Swing Bridge.
    For the same reason discussed above, 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.

C. Basis and Purpose

    The Coast Guard received notice on November 15, 2013 that the 
construction and repair work on the Highway 661 Swing Bridge, Houma 
Navigation Canal, Mile Marker 36.0, to refurbish and retrofit 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 interim safety zone which will continue through July 1, 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; 
Public Law 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 Highway 661 Swing Bridge, 
Houma Navigation Canal Mile Marker 36.0. There will be numerous work 
and support vessels and personnel present and associated with the 
construction and repair operation. This operation poses significant 
safety hazards to both vessels and mariners operating in the vicinity 
of the Highway 661 Swing Bridge, Houma Navigation Canal Mile Marker 
36.0.

D. Discussion of the Interim Rule

    The Coast Guard is establishing an interim safety zone in the Houma 
Navigation Canal, from Mile Marker 35.5 to 36.5, and in the GIWW, from 
Mile Marker 59.0 to 60.0, West of Harvey Locks, bank to bank. This 
safety zone is effective December 13, 2013 and will continue through 
July 1, 2014.
    The Captain of the Port (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 Houma Navigation Canal Mile Markers 35.5 to 
36.5 and GIWW Mile Markers 59.0 to 60.0, West of Harvey Locks, are 
required to proceed at slowest safe speed to minimize wake until 
construction is completed or July 1, 2014, whichever occurs earlier. 
Additionally, Houma Navigation Canal, from Mile Marker 35.5 to 36.5 
will have varying restricted horizontal clearance for marine traffic 
from 6:30 a.m. to 11:30 a.m. and 1:00 p.m. to 6:00 p.m., seven days a 
week. To minimize waterway impact, this area will be open without 
channel restrictions to marine traffic from 6:00 p.m. to 6:30 a.m. and 
from 11:30 a.m. to 1:00 p.m. or until traffic clears, seven days a 
week. Waterway closures, if necessary to assist in the construction and 
repair process, will be made through Broadcast Notice to

[[Page 3107]]

Mariners. Deviation from this safety zone may be requested from the 
COTP Morgan City or a designated representative. Deviation requests 
will be considered on a case-by-case basis.

E. 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 COTP to deviate from this rule; and (3) the 
impacts on routine navigation are expected to be minimal due to 
scheduled periods without channel restrictions and required channel 
openings to clear traffic following a closure, if a closure is 
necessary. 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 and Houma Navigation Canal in the 
vicinity of the Highway 661 Bridge, Houma Navigation Canal Mile Marker 
36.0. 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 (985) 850-6456.

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 
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 From Environmental Health Risks

    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 3108]]

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 
Highway 661 Swing Bridge is being 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 will be made available as 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, 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.T08-0880 is added to read as follows:


Sec.  165.T08-0880  Safety Zone; Houma Navigation Canal, from Mile 
Marker 35.5 to 36.5, and Gulf Intracoastal Waterway, from Mile Marker 
59.0 to 60.0, West of Harvey Locks, bank to bank; Houma, Terrebonne 
Parish, LA.

    (a) Location. The following area is a safety zone: All waters of 
the Houma Navigation Canal, from Mile Marker 35.5 to 36.5, and in the 
Gulf Intracoastal Waterway, from Mile Marker 59.0 to 60.0, West of 
Harvey Locks, bank to bank, Houma, Terrebonne Parish, LA.
    (b) Effective date. This rule is effective January 17, 2014 through 
July 1, 2014. For purposes of enforcement, actual notice has been used 
from December 13, 2013.
    (c) Periods of enforcement. This rule will be enforced with actual 
notice beginning on December 13, 2013 through July 1, 2014. The Captain 
of the Port (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 scheduled times 
for changes in the planned schedule.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the COTP Morgan City or a designated representative.
    (2) Vessels requiring entry into or transit through the safety zone 
must request permission from the COTP Morgan City, or a designated 
representative. As a designated representative, the DOT 661 swing 
bridge operator may be contacted on VHF Channel 13 or 71.
    (3) Mariners should contact the DOT 661 swing bridge operator prior 
to 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 COTP Morgan City or a designated 
representative and pass at slowest safe speed to minimize wake.
    (5) While the safety zone is in effect, there will be restricted 
clearance for marine traffic on the Houma Navigation Canal, from Mile 
Marker 35.5 to 36.5 from 6:30 a.m. to 11:30 a.m. and 1:00 p.m. to 6:00 
p.m., seven days a week. 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 11:30 a.m. to 1:00 p.m. or until traffic clears, seven days a 
week.
    (6) 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: December 13, 2013.
D.G. McClellan,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2014-00902 Filed 1-16-14; 8:45 am]
BILLING CODE 9110-04-P


