[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61506-61508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22093]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0819]
RIN 1625-AA00


Safety Zone; Atchafalaya River--Berwick Bay, Morgan City, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone of 
100-meters from the western side of the channel in the Atchafalaya 
River through Berwick Bay between mile marker (MM) 119 and MM 121. This 
temporary safety zone is needed to protect personnel, vessels, and the 
marine environment from potential hazards created by the recreational 
paddling race, Tour Du Teche 135. Entry of vessels into this zone is 
prohibited unless specifically authorized the Captain of the Port Houma 
or a designated Patrol Commander.

DATES: This rule is effective from 10 a.m. through 5 p.m. on October 9, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2022-0819 in the search box and click ``search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
action, call or email Lieutenant Jenelle Pich[eacute], MSU Morgan City, 
LA, U.S. Coast Guard; telephone (985) 855-0724, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Houma

[[Page 61507]]

DHS Department of Homeland Security
FR Federal Register
MSU Marine Safety Unit
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 (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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable and 
contrary to the public interest. It is impracticable to publish an NPRM 
because we must establish this safety zone by October 9, 2022 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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. Delaying the effective date of 
this rule is contrary to public interest because it would delay the 
safety measures necessary to respond to potential hazards associated 
with the Tour Du Teche 135 paddle race. Immediate action is needed to 
protect vessels, event participants, and mariners from the safety 
hazards associated with the race.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Houma (COTP) 
has determined that potential hazards associated with the Tour Du Teche 
135 paddle race will be a safety concern to vessels and persons. This 
rule is needed to protect the public, mariners, event participants, and 
vessels from the potential hazards associated with the Tour Du Teche 
135 paddle race.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone from 10 
a.m. through 5 p.m. on October 9, 2022. The temporary safety zone 
encompasses the Berwick Bay lock and dam (in the proximity of MM 119) 
and extends 100-meters from the western shore outwards of the 
Atchafalaya River through Berwick Bay, ending at the Southwest ``Red'' 
Reef Lighthouse, near the I-90 Bridge (in the proximity of MM 121). 
This temporary safety zone will not interfere with navigable waterway. 
No person or vessel will be permitted to enter or transit within the 
safety zone, unless specifically authorized by the COTP or a designated 
Patrol Commander. Public notifications will be made to the local 
maritime community through Broadcast Notice to Mariners (BNM). Mariners 
and other members of the public may contact the Waterways Management 
Division at MSU Morgan City, to inquire about the safety zone by 
telephone at (985) 855-0724.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analysis 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protectors.

A. Regulatory Planning and Review

    Executive Orders 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. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget. This 
regulatory determination is based on the size, location, and duration, 
of the safety zone.
    This temporary safety zone will not restrict navigation on the 
Atchafalaya River thought Berwick Bay. Moreover, the Coast Guard will 
issue a Local Notice to Mariners (LNM) about the zone, and the rule 
will allow vessels to seek permission to enter the zone.

B. Impact 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 will 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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

[[Page 61508]]

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 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 
Directive 023-01, Rev. 1., associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 that will not prohibit mariners and the public to transit 
through the navigational channel in the Atchafalaya River through 
Berwick Bay. It is categorically excluded from further review under 
paragraph L60 (a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 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: US U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T08-0819 to read as follows:


Sec.  165.T08-0819  Safety Zone; Atchafalaya River--Berwick Bay, Morgan 
City, LA.

    (a) Location. The following area is a safety zone: 100-meters from 
the shore from the opening of Berwick Bay Lock approximately near MM 
119 along the western side of the channel in the Atchafalaya River 
through Berwick Bay to MM 121. This safety zone does not include the 
navigational channel.
    (b) Definitions. As used in this section, Patrol Commander means a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel or a Federal, State, or local officer designated by or 
assisting the Captain of the Port Houma (COTP) in the enforcement of 
the regulations in this section.
    (c) Enforcement period. This section will be enforced from 10 a.m. 
until 5 p.m. on October 9, 2022.
    (d) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or a Patrol 
Commander.
    (2) Entry into this zone is prohibited unless authorized by the 
COTP or a Patrol Commander
    (3) Persons or vessels seeking to enter into or transit through the 
zone must request permission from the COTP or a Patrol Commander. They 
may be contacted on VHF-FM channels 15 and 16 or by telephone at (985) 
855-0724.
    (4) If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or a Patrol Commander.
    (e) Informational broadcasts. The COTP or a Patrol Commander will 
inform the public through broadcast notices to mariners of the 
enforcement period for the safety zone as appropriate.

    Dated: October 3, 2022.
L.T. O'Brien,
Captain, U.S. Coast Guard, Captain of the Port Houma.
[FR Doc. 2022-22093 Filed 10-7-22; 2:00 pm]
BILLING CODE 9110-04-P


