
[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44288-44291]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[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 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

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.

[[Page 44289]]

    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 985-857-3666 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 985-857-3666 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 (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).

[[Page 44290]]

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 985-857-3666 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.


[[Page 44291]]


    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


