
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Rules and Regulations]
[Pages 6179-6181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02281]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1125]
RIN 1625-AA00


Safety Zone; Bayou Petite Caillou, Boudreaux Canal Floodgate; 
Chauvin, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on all 
navigable waters within a 750 foot radius around the center of the 
Boudreaux Canal Flood Gates in Chauvin, LA. This safety zone is 
necessary to protect persons, property, and infrastructure from 
potential damage and safety hazards associated with repair work on the 
Boudreaux Canal Sector Flood Gates located on Bayou Petite Caillou. 
During the periods of enforcement, entry into and transiting or 
anchoring within this safety zone is prohibited unless specifically 
authorized by Captain of the Port (COTP) Morgan City or other 
designated representative.

DATES: This rule is effective without actual notice from February 5, 
2016 until February 27, 2016. For the purposes of enforcement, actual 
notice will be used from January 6, 2016 until February 5, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1125 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Vanessa Taylor, Chief of 
Waterways Management, U.S. Coast Guard MSU Morgan City 800 David Dr., 
Morgan City, LA 70380; telephone (985) 380-5334, email 
Vanessa.R.Taylor@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 repair work on the Boudreaux Canal 
Sector Flood Gates located on Bayou Petite Caillou needs to be 
completed before marine traffic increases during the extremely high 
traffic periods of the upcoming shrimping season. The Coast Guard 
received notice of the need for this repair December 16, 2015. Repair 
work pushed to any later date will unnecessarily create major traffic 
delays. It is impracticable to publish an NPRM because we must 
establish this safety zone by January 6, 2016.We are issuing this rule, 
and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. Delaying the effective date of this rule would be 
contrary to public interest because immediate action is needed to 
provide additional safety measure during the repair work so that it may 
be completed before the high traffic periods during the upcoming 
shrimping season.

III. Legal Authority and Need for Rule

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231.
    The purpose of the rule is to establish the necessary temporary 
safety zone to provide protection for persons and property from the 
hazards associated with the repairs. This includes commercial and 
recreational vessels that may be in the area during the repair, removal 
and re-installation of the Boudreaux Canal Flood Gates.

IV. Discussion of the Rule

    This rule establishes a safety zone from January 6, 2016 through 
January 15, 2016 and from February 18, 2016 through February 27, 2016. 
The safety zone will cover all navigable waters within a 750 foot 
radius around coordinate 29[deg]23.117 N., 90[deg]37.038 W. which is 
located in center of the Boudreaux Canal Flood Gates. This safety zone 
is intended to protect personnel, vessels, and the marine environment 
in these navigable waters while the inspection, repair, removal, and 
re-installation of flood gates occurs. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly,

[[Page 6180]]

it has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and traffic during the time-of-year of the safety 
zone. The safety zone only impacts a small designated area of the 
Waterway in Chauvin, LA during two scheduled time periods. First, 
during 10 days from January 6, 2016 through January 15, 2016; and 
second during 9 days from February 18, 2016 through February 27, 2016. 
This is a time of year when vessel traffic is normally low. 
Additionally, vessel traffic will be allowed to transit from January 
16, 2016 through February 17, 2016, mid-way through the repair 
timeline. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 informing waterway users of the 
safety zone and any changes in the schedule. Finally, the rule allows 
vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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 (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 safety zone lasting less than 20 days that will 
prohibit entry within a 750 foot radius around coordinate 29[deg]23.117 
N., 90[deg]37.038 W., which is located in the center of the Boudreaux 
Canal Flood Gates in Chauvin, LA. It 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.

G. 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (waters), 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T08-1121 to read as follows:


Sec.  165.T08-1121  Safety Zone; Bayou Petite Caillou, Boudreaux Canal 
Floodgate; Chauvin, LA.

    (a) Location. The following area is a safety zone: All waters 
within a 750 foot radius around coordinate 29[deg]23.117 N., 
90[deg]37.038 W., which is located in the center of the Boudreaux Canal 
Flood Gates in Chauvin, LA.

[[Page 6181]]

    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officers operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port (COTP) Morgan City in the enforcement of the safety 
zones.
    (c) Regulations. (1) Under the general safety zone regulations in 
33 CFR part 165, subpart C, you may not enter the safety zones 
described in paragraph (a) of this section unless authorized by the 
COTP or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Marine 
Safety Unit Morgan City at 985-380-5334. Those in the safety zones must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This rule will be enforced from January 6, 
2016 through January 15, 2016, and from February 18, 2016 through 
February 27, 2016.
    (e) Informational Broadcasts. The COTP or a designated 
representative will inform the public through broadcasts notice to 
mariners of the enforcement period for the emergency safety zones as 
well as any changes in the dates and times of enforcement.

    Dated: January 5, 2016.
D.G. McClellan,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2016-02281 Filed 2-4-16; 8:45 am]
BILLING CODE 9110-04-P


