80 FR 59049 - Safety Zone; West Larose Vertical Lift Bridge; Houma, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 190 (October 1, 2015)

Page Range		59049-59052
FR Document		2015-24827

The Coast Guard is establishing a temporary safety zone extending 400 yards east and west of the West Larose Vertical Lift Bridge in Bayou Lafourche, LA. This safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with construction work on the bridge. 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.

Federal Register, Volume 80 Issue 190 (Thursday, October 1, 2015)

[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Rules and Regulations]
[Pages 59049-59052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24827]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0886]
RIN 1625-AA00


Safety Zone; West Larose Vertical Lift Bridge; Houma, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone 
extending 400 yards east and west of the West Larose Vertical Lift 
Bridge in Bayou Lafourche, LA. This safety zone is necessary to protect 
persons, property, and infrastructure from potential damage and safety 
hazards associated with construction work on the bridge. 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 October 1, 
2015 through 3 p.m. on October 2, 2015. For the purposes of 
enforcement, actual notice will be used from 6 a.m. to 8 a.m.

[[Page 59050]]

and from 1 p.m. to 3 p.m. on September 28, 2015, until October 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0886]. 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 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. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 1-800-647-5527.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
MSU Marine Safety Unit

A. Regulatory History and Information

    The Coast Guard is issuing this 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 doing so would be impracticable, 
unnecessary, and contrary to the public interest. An NPRM is 
impracticable and contrary to the public interest because the Coast 
Guard was only notified of the construction on September 08, 2015 and 
the work is scheduled to occur from September 28, 2015 through October 
2, 2015. Providing a full NPRM process would delay the effectiveness 
the temporary safety zone until after the bridge construction project 
has been completed and immediate action is needed to protect vessels 
and the public from the safety hazards associated with bridge 
construction over a public waterway. Furthermore, an NPRM is 
unnecessary because the Coast Guard will inform the public through 
Broadcast Notice to Mariners, Local Notice to Mariners, and/or Safety 
Marine Information Broadcasts of the enforcement period for the safety 
zone as well as any changes in the planned and published dates and 
times of enforcement.
    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. Delaying the 
effectiveness of the rule is impracticable and contrary to the public 
interest because the Coast Guard was only notified of the construction 
on September 08, 2015 and the work is scheduled to occur from September 
28, 2015 through October 02, 2015. Waiting to apply the rule until it 
has been published for 30 days would delay the effectiveness the 
temporary safety zone until after the bridge construction project has 
been completed and immediate action is needed to protect vessels and 
the public from the safety hazards associated with bridge construction 
over a public waterway. Additionally, the Coast Guard will inform the 
public through Broadcast Notice to Mariners, Local Notice to Mariners, 
and/or Safety Marine Information Broadcasts of the enforcement period 
for the safety zone as well as any changes in the planned and published 
dates and times of enforcement.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The purpose of the rule is to establish the necessary temporary 
safety zone to provide protection for persons and property, including 
commercial and recreational vessels that may be in the area during the 
bridge construction project from the hazards associated with the 
project.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone for all 
waters in Bayou Lafourche extending 400 yards to the east and west of 
the West Larose Vertical Lift Bridge located at position 
29[deg]34'142'' N, 090[deg]23'109'' W in Bayou Lafourche, LA from 6 
a.m. to 8 a.m. and 1 p.m. to 3 p.m. on September 28, 2015 through 
October 2, 2015. This temporary safety zone will be enforced with 
actual notice from 6 a.m. to 8 a.m. and 1 p.m. to 3 p.m. on September 
28, 2015 through October 2, 2015.
    Entry into, transiting or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

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.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and enforced over two days. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

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. 
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. This 
rule would affect the following entities, some of which might

[[Page 59051]]

be small entities: The owners or operators of recreational vessels 
intending to transit or anchor in a portion of Bayou Lafourche, LA from 
6 a.m. to 8 a.m. and 1 p.m. to 3 p.m. on September 28, 2015 through 
October 2, 2015.

3. 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).

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
or 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.

10. 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 substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution or power and responsibilities 
between the Federal Government and Indian tribes.

11. 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.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.1D, 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 establishing a safety zone. 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 Exclusions 
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 (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. A new temporary Sec.  165.T08-0886 is added to read as follows:


Sec.  165.T08-0886  Safety Zone; West Larose Vertical Lift Bridge; 
Houma, LA.

    (a) Location. All waters of Bayou Lafourche within 400yds to the 
east and west of the West Larose Vertical Lift bridge in position 
29[deg]34'142'' N., 090[deg]23'109'' W.
    (b) Effective and Enforcement Period. This rule is effective from 6 
a.m. to 8 a.m. and from 1 p.m. to 3 p.m. on September 28, 2015 through 
October 2, 2015. This rule will be enforced with actual notice from 6 
a.m. to 8 a.m. and from 1 p.m. to 3 p.m. on September 28, 2015 through 
October 2, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Morgan City, or his designated on-scene representative.
    (2) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.
    (3) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Morgan City or his on-scene 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain of the Port Morgan City or his 
on-scene representative.
    (d) Informational Broadcasts. The COTP Morgan City or a designated 
representative will inform the public through Broadcast Notice to 
Mariners, Local Notice to Mariners, and/or Safety Marine Information 
Broadcasts of the enforcement period for the safety zone as well as any 
changes in the planned and published dates and times of enforcement.


[[Page 59052]]


    Dated: September 10, 2015.
F.L. Gilmore,
Captain, U.S. Coast Guard, Acting Captain of the Port Morgan City, LA.
[FR Doc. 2015-24827 Filed 9-30-15; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations 59049

adopted by the Commission, the Pacific on FADs or to use FADs in specific paragraph (g) of this section will include
Islands Regional Administrator may other ways. an advisement that specific activities
specify limits on catch or fishing effort (d) [Reserved] will be prohibited during a specific
by fishing vessels of the United States (e) Allocation of limits among sectors period. The notice will specify the
in the Convention Area, and other or vessels. (1) The Pacific Islands prohibitions and their start and end
fishing-related restrictions and Regional Administrator may allocate a dates. The start date of the prohibitions
requirements (collectively called Commission-adopted limit among may not be earlier than 7 days after the
‘‘limits’’). The limits will be specified as particular sectors or groups of fishing date of filing for public inspection at the
may be necessary to carry out the vessels of the United States, such as for Office of the Federal Register the notice
international obligations of the United vessels that use different types of fishing to be published under paragraph (g) of
States under the WCPF Convention and gear. In other words, the Pacific Islands this section. The prohibited activities
the Act, and will be designed to Regional Administrator may specify may include, but are not limited to,
implement particular provisions of separate limits for different sectors or possessing, retaining on board,
Commission-adopted conservation and groups of fishing vessels even when not transshipping, landing, or selling
management measures. For each required to do so under the specific types and/or sizes of fish or
specified limit, the Pacific Islands Commission’s conservation and other living marine resources, and
Regional Administrator will specify the management measures. fishing with specified gear types or
area and period in which it applies, and (2) The Pacific Islands Regional methods in specified areas. The Pacific
as appropriate, the vessel types, gear Administrator may not, under this Islands Regional Administrator may,
types, species, fish sizes, and any other framework, allocate a Commission- based on revised estimates or
relevant attributes to which it applies. adopted limit among individual fishing projections of catch or fishing effort
In addition to quantitative limits on vessels of the United States. In other with respect to specified limits, rescind
catches and fishing effort, the Pacific words, the Pacific Islands Regional or modify the prohibitions specified
Islands Regional Administrator may Administrator may not, under this under this section. The Pacific Islands
specify areas or periods in which framework, specify limits for individual Regional Administrator will publish
particular fishing activities are restricted fishing vessels of the United States,
notice of any such rescissions or
or prohibited, and other fishing-related except in the case where there is only
modifications in the Federal Register.
requirements. For each specified one fishing vessel in a sector or group
of fishing vessels that is subject to the [FR Doc. 2015–24853 Filed 9–30–15; 8:45 am]
quantitative limit, the Pacific Islands
Regional Administrator will also specify limit. This does not preclude NMFS BILLING CODE 3510–22–P

the prohibitions and requirements that from allocating Commission-adopted
would go into effect after the limit is limits among individual fishing vessels
reached and the applicable dates of through other regulations. DEPARTMENT OF HOMELAND
those prohibitions. (f) Procedures for specifying limits. (1) SECURITY
(b) Application in territorial seas and For each specified limit, the Pacific
archipelagic waters. Unless stated Islands Regional Administrator will Coast Guard
otherwise in particular specifications, publish in the Federal Register a notice
the limits specified under the of the proposed catch or fishing effort 33 CFR Part 165
framework shall not apply in the limit specification and a request for
[Docket Number USCG–2015–0886]
territorial seas or archipelagic waters of public comment on the proposed
the United States or any other nation, as specification, unless exempted under RIN 1625–AA00
defined by the domestic laws and the Administrative Procedure Act, 5
regulations of that nation and U.S.C. 553. The specification will Safety Zone; West Larose Vertical Lift
recognized by the United States. include the characteristics of the limit Bridge; Houma, LA
(c) Types of limits. The types of limits and the restrictions that will go into
that may be specified under this section effect if the limit is reached. AGENCY: Coast Guard, DHS.
include, but are not limited to: (2) For each specified limit that is ACTION: Temporary final rule.
(1) Limits on the weight or number of subject to prior notice and public
fish or other living marine resources of comment, the Pacific Islands Regional SUMMARY: The Coast Guard is
specific types and/or sizes that may be Administrator will consider any public establishing a temporary safety zone
caught, retained, transshipped, landed, comment received on the proposed extending 400 yards east and west of the
and/or sold; specification, and publish in the West Larose Vertical Lift Bridge in
(2) Limits on the amount of fishing Federal Register a notice of the final Bayou Lafourche, LA. This safety zone
effort that may be expended, such as the catch or fishing effort limit is necessary to protect persons,
amount of time vessels spend at sea specification, if appropriate. property, and infrastructure from
(e.g., days at sea) or engaged in fishing (g) Notification of limits being potential damage and safety hazards
(e.g., fishing days), the amount of time reached. For quantitative limits, NMFS associated with construction work on
vessels spend engaged in particular will monitor catch or fishing effort with the bridge. During the periods of
fishing activities (e.g., trolling hours), respect to the specified limit using data enforcement, entry into and transiting or
and the quantity of specific fishing submitted in vessel logbooks and other anchoring within this safety zone is
activities (e.g., number of hooks set; available information. When NMFS prohibited unless specifically
number of longline sets or purse seine estimates or projects that the specified authorized by Captain of the Port
srobinson on DSK5SPTVN1PROD with RULES

sets; number of purse seine sets made limit has or will be reached, the Pacific (COTP) Morgan City or other designated
on FADs; number of FADs deployed); Islands Regional Administrator will representative.
and publish notification to that effect in the DATES: This rule is effective without
(3) Areas or periods in which Federal Register. actual notice from October 1, 2015
particular activities are restricted or (h) Prohibitions after limit is reached. through 3 p.m. on October 2, 2015. For
prohibited, such as periods during For quantitative limits, the Federal the purposes of enforcement, actual
which it is prohibited to set purse seines Register notice published under notice will be used from 6 a.m. to 8 a.m.

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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations 59051

be small entities: The owners or 9. Protection of Children For the reasons discussed in the
operators of recreational vessels We have analyzed this rule under preamble, the Coast Guard amends 33
intending to transit or anchor in a Executive Order 13045, Protection or CFR part 165 as follows:
portion of Bayou Lafourche, LA from 6 Children from Environmental Health
a.m. to 8 a.m. and 1 p.m. to 3 p.m. on PART 165—REGULATED NAVIGATION
Risks and Safety Risks. This rule is not AREAS AND LIMITED ACCESS AREAS
September 28, 2015 through October 2, an economically significant rule and
2015. does not create an environmental risk to ■ 1. The authority citation for Part 165
3. Collection of Information health or risk to safety that may continues to read as follows:
disproportionately affect children. Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
This rule will not call for a new
10. Indian Tribal Governments 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
collection of information under the Department of Homeland Security Delegation
Paperwork Reduction Act of 1995 (44 This rule does not have tribal No. 0170.1.
U.S.C. 3501–3520). implications under Executive Order
13175, Consultation and Coordination ■ 2. A new temporary § 165.T08–0886 is
4. Federalism added to read as follows:
with Indian Tribal Governments,
A rule has implications for federalism because it does not have substantial § 165.T08–0886 Safety Zone; West Larose
under Executive Order 13132, direct effect on one or more Indian Vertical Lift Bridge; Houma, LA.
Federalism, if it has a substantial direct tribes, on the relationship between the (a) Location. All waters of Bayou
effect on the States, on the relationship Federal Government and Indian tribes, Lafourche within 400yds to the east and
between the national government and or on the distribution or power and west of the West Larose Vertical Lift
the States, or on the distribution of responsibilities between the Federal bridge in position 29°34′142″ N.,
power and responsibilities among the Government and Indian tribes. 090°23′109″ W.
various levels of government. We have (b) Effective and Enforcement Period.
11. Energy Effects
analyzed this rule under that Order and This rule is effective from 6 a.m. to 8
determined that this rule does not have This action is not a ‘‘significant a.m. and from 1 p.m. to 3 p.m. on
implications for federalism. energy action’’ under Executive Order September 28, 2015 through October 2,
13211, Actions Concerning Regulations 2015. This rule will be enforced with
5. Protest Activities That Significantly Affect Energy Supply, actual notice from 6 a.m. to 8 a.m. and
The Coast Guard respects the First Distribution or Use. from 1 p.m. to 3 p.m. on September 28,
Amendment rights of protesters. 12. Technical Standards 2015 through October 2, 2015.
Protesters are asked to contact the (c) Regulations. (1) In accordance with
person listed in the FOR FURTHER This rule does not use technical the general regulations in § 165.23 of
INFORMATION CONTACT section to standards. Therefore, we did not this part, entry into, transiting, or
coordinate protest activities so that your consider the use of voluntary consensus anchoring within this safety zone is
message can be received without standards. prohibited unless authorized by the
jeopardizing the safety or security of 13. Environment Captain of the Port Morgan City, or his
people, places or vessels. designated on-scene representative.
We have analyzed this rule under (2) The ‘‘on-scene representative’’ of
6. Unfunded Mandates Reform Act Department of Homeland Security the Captain of the Port is any Coast
Management Directive 023–01 and Guard commissioned, warrant, or petty
The Unfunded Mandates Reform Act Commandant Instruction M16475.1D,
of 1995 (2 U.S.C. 1531–1538) requires officer who has been designated by the
which guide the Coast Guard in Captain of the Port to act on his behalf.
Federal agencies to assess the effects of complying with the National
their discretionary regulatory actions. In The on-scene representative of the
Environmental Policy Act of 1969 Captain of the Port will be aboard either
particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and
that may result in the expenditure by a a Coast Guard or Coast Guard Auxiliary
have determined that this action is one vessel. The Captain of the Port or his
State, local, or tribal government, in the of a category of actions that do not
aggregate, or by the private sector of designated on-scene representative may
individually or cumulatively have a be contacted via VHF Channel 16.
$100,000,000 (adjusted for inflation) or significant effect on the human (3) Vessel operators desiring to enter
more in any one year. Though this rule environment. This rule involves or operate within the safety zone shall
will not result in such expenditure, we establishing a safety zone. This rule is contact the Captain of the Port Morgan
do discuss the effects of this rule categorically excluded from further City or his on-scene representative to
elsewhere in this preamble. review under paragraph 34(g) of Figure obtain permission to do so. Vessel
7. Taking of Private Property 2–1 of the Commandant Instruction. An operators given permission to enter or
environmental analysis checklist operate in the safety zone must comply
This rule will not cause a taking of supporting this determination and a with all directions given to them by the
private property or otherwise have Categorical Exclusions Determination Captain of the Port Morgan City or his
taking implications under Executive are available in the docket where on-scene representative.
Order 12630, Governmental Actions and indicated under ADDRESSES. We seek (d) Informational Broadcasts. The
Interference with Constitutionally any comments or information that may COTP Morgan City or a designated
Protected Property Rights. lead to the discovery of a significant representative will inform the public
srobinson on DSK5SPTVN1PROD with RULES

8. Civil Justice Reform environmental impact from this rule. through Broadcast Notice to Mariners,
Local Notice to Mariners, and/or Safety
This rule meets applicable standards List of Subjects in 33 CFR Part 165 Marine Information Broadcasts of the
in sections 3(a) and 3(b)(2) of Executive Harbors, Marine Safety, Navigation enforcement period for the safety zone
Order 12988, Civil Justice Reform, to (waters), Reporting and recordkeeping as well as any changes in the planned
minimize litigation, eliminate requirements, Security measures, and published dates and times of
ambiguity, and reduce burden. Waterways. enforcement.

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59052 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations

Dated: September 10, 2015. D. Hand Delivery: At the previously- FOR FURTHER INFORMATION CONTACT:
F.L. Gilmore, listed EPA Region III address. Such Maria A. Pino, (215) 814–2181, or by
Captain, U.S. Coast Guard, Acting Captain deliveries are only accepted during the email at pino.maria@epa.gov.
of the Port Morgan City, LA. Docket’s normal hours of operation, and SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–24827 Filed 9–30–15; 8:45 am] special arrangements should be made
for deliveries of boxed information. I. Background
BILLING CODE 9110–04–P
Instructions: Direct your comments to Ground-level ozone is formed when
Docket ID No. EPA–R03–OAR–2015– nitrogen oxides (NOX) and volatile
ENVIRONMENTAL PROTECTION 0455. EPA’s policy is that all comments organic compounds (VOC) react in the
received will be included in the public presence of sunlight. Referred to as
AGENCY
docket without change, and may be ozone precursors, these two pollutants
40 CFR Part 52 made available online at are emitted by many types of pollution
www.regulations.gov, including any sources, including on- and off-road
[EPA–R03–OAR–2015–0455; FRL–9934–81– personal information provided, unless motor vehicles and engines, power
Region 3] the comment includes information plants and industrial facilities, and area
claimed to be Confidential Business wide sources, such as consumer
Approval and Promulgation of Air
Information (CBI) or other information products and lawn and garden
Quality Implementation Plans;
whose disclosure is restricted by statute. equipment. Scientific evidence
Delaware; 2011 Base Year Inventories
Do not submit information that you indicates that adverse public health
for the 2008 8-Hour Ozone National
consider to be CBI, or otherwise effects occur following a person’s
Ambient Air Quality Standard for New
protected, through www.regulations.gov exposure to ozone, particularly children
Castle and Sussex Counties
or email. The www.regulations.gov Web and adults with lung disease. Breathing
AGENCY: Environmental Protection site is an ‘‘anonymous access’’ system, air containing ozone can reduce lung
Agency (EPA). which means EPA will not know your function and inflame airways, which
ACTION: Direct final rule. identity or contact information unless can increase respiratory symptoms and
you provide it in the body of your aggravate asthma or other lung diseases.
SUMMARY: The Environmental Protection comment. If you send an email As a consequence of this scientific
Agency (EPA) is taking direct final comment directly to EPA without going evidence, EPA promulgated the 0.12
action to approve the 2011 base year through www.regulations.gov, your part per million (ppm) 1-hour ozone
inventories for the 2008 8-hour ozone email address will be automatically NAAQS. See 44 FR 8202 (February 8,
National Ambient Air Quality Standard captured and included as part of the 1979).
(NAAQS) for New Castle and Sussex comment that is placed in the public On July 18, 1997 (62 FR 38855), EPA
Counties, submitted by the State of docket and made available on the promulgated a revised ozone NAAQS of
Delaware. The emission inventories Internet. If you submit an electronic 0.08 ppm, averaged over eight hours.
were submitted to meet the comment, EPA recommends that you This standard was determined to be
nonattainment requirements for the include your name and other contact more protective of public health than
marginal ozone nonattainment areas for information in the body of your the previous 1979 1-hour ozone
the 2008 8-hour ozone NAAQS. EPA is comment and with any disk or CD–ROM standard. In 2008, EPA revised the 8-
approving the 2011 base year emissions you submit. If EPA cannot read your hour ozone NAAQS from 0.08 to 0.075
inventories for the 2008 8-hour ozone comment due to technical difficulties ppm. See 73 FR 16436 (March 27, 2008).
NAAQS for New Castle and Sussex and cannot contact you for clarification, On May 21, 2012 (77 FR 30088), New
Counties, Delaware, in accordance with EPA may not be able to consider your Castle and Sussex Counties were
the requirements of the Clean Air Act comment. Electronic files should avoid designated as marginal nonattainment
(CAA). the use of special characters, any form for the more stringent 2008 8-hour
of encryption, and be free of any defects ozone NAAQS. New Castle County is
DATES: This rule is effective on or viruses. part of the Philadelphia-Wilmington-
November 30, 2015 without further Docket: All documents in the Atlantic City nonattainment area for the
notice, unless EPA receives adverse electronic docket are listed in the 2008 8-hour ozone NAAQS. Sussex
written comment by November 2, 2015. www.regulations.gov index. Although County is designated as the Seaford
If EPA receives such comments, it will listed in the index, some information is nonattainment area for the 2008 8-hour
publish a timely withdrawal of the not publicly available, i.e., CBI or other ozone NAAQS. Under section 172(c)(3)
direct final rule in the Federal Register information whose disclosure is of the CAA, Delaware is required to
and inform the public that the rule will restricted by statute. Certain other submit comprehensive, accurate, and
not take effect. material, such as copyrighted material, current inventories of actual emissions
ADDRESSES: Submit your comments, is not placed on the Internet and will be from all sources of the relevant
identified by Docket ID Number EPA– publicly available only in hard copy pollutants in its marginal nonattainment
R03–OAR–2015–0455 by one of the form. Publicly available docket areas, i.e., New Castle and Sussex
following methods: materials are available either Counties.
A. www.regulations.gov. Follow the electronically in www.regulations.gov or
on-line instructions for submitting in hard copy during normal business II. Summary of SIP Revision
comments. hours at the Air Protection Division, Under CAA section 172(c)(3), states
B. Email: fernandez.cristina@epa.gov. U.S. Environmental Protection Agency, are required to submit a comprehensive,
srobinson on DSK5SPTVN1PROD with RULES

C. Mail: EPA–R03–OAR–2015–0455, Region III, 1650 Arch Street, accurate, current accounting of actual
Cristina Fernandez, Associate Director, Philadelphia, Pennsylvania 19103. emissions from all sources (point,
Office of Air Program Planning, Copies of the State submittal are nonpoint, nonroad, and onroad) in the
Mailcode 3AP30, U.S. Environmental available at the Delaware Department of nonattainment area. CAA section
Protection Agency, Region III, 1650 Natural Resources and Environmental 182(a)(1) requires that areas designated
Arch Street, Philadelphia, Pennsylvania Control, 89 Kings Highway, P.O. Box as nonattainment and classified as
19103. 1401, Dover, Delaware 19903. marginal are to submit an inventory of

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from October 1, 2015 through 3 p.m. on October 2, 2015. For the purposes of enforcement, actual notice will be used from 6 a.m. to 8 a.m. and from 1 p.m. to 3 p.m. on September 28, 2015, until October 1, 2015.
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 [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 1-800-647-5527.
FR Citation		80 FR 59049
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (waters); Reporting and Recordkeeping Requirements; Security Measures and Waterways

80 FR 59049 - Safety Zone; West Larose Vertical Lift Bridge; Houma, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 190 (October 1, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard