81_FR_47166 81 FR 47027 - Safety Zone; Houma Navigation Canal Miles 23 to 23.5, Dulac, LA

81 FR 47027 - Safety Zone; Houma Navigation Canal Miles 23 to 23.5, Dulac, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 139 (July 20, 2016)

Page Range47027-47029
FR Document2016-17035

The Coast Guard is establishing a temporary safety zone for all navigable waters surface to bottom, of the Houma Navigation Canal from mile marker 23 to 23.5. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by replacement work of the Falgout Canal Pontoon Bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Morgan City or a designated representative.

Federal Register, Volume 81 Issue 139 (Wednesday, July 20, 2016)
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47027-47029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17035]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0650]
RIN 1625-AA00


Safety Zone; Houma Navigation Canal Miles 23 to 23.5, Dulac, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters surface to bottom, of the Houma Navigation Canal 
from mile marker 23 to 23.5. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by replacement work of the Falgout Canal Pontoon Bridge. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Morgan City or a designated 
representative.

DATES: This rule is effective without actual notice from 7:00 a.m. 
until 7:00 p.m. daily from July 20, 2016 through July 27, 2016. For the 
purposes of enforcement, actual notice will be used from 7:00 a.m. 
until 7:00 p.m. daily from July 7, 2016 through July 20, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0650 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, 
contact MSTC Justin Helton, Marine Safety Unit Houma, U.S. Coast Guard; 
telephone 985-850-6457, email [email protected].

[[Page 47028]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
MM Mile Marker

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 the Coast Guard did not receive 
notice of the bridge repairs until June 21, 2016. Completing the NPRM 
process would delay the immediate action needed to protect the public 
from hazards associated with the Falgout Canal Pontoon Bridge 
replacement. It is impracticable to publish an NPRM because we must 
establish this safety zone by July 7, 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. Providing 30 days 
notice for this occurrence would unnecessarily delay the effective date 
and would be impracticable based on the limited time frame, as well as 
be contrary to public interest because immediate action is needed to 
respond to the potential safety hazards associated with the replacement 
of the Falgout Canal Pontoon Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Morgan City (COTP) has determined that 
potential hazards associated with the Falgout Canal Pontoon Bridge 
replacement between 7:00 a.m. and 7:00 p.m. from July 7 through July 
27, 2016 will be a safety concern for anyone within the area extending 
from MM 23 to 23.5 of the Houma Navigation Canal. This rule is needed 
to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the Falgout Canal Pontoon 
Bridge is being replaced.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:00 a.m. until 7:00 p.m. 
from July 7 through July 27, 2016. The safety zone will cover all 
navigable waters, surface to bottom, of the Houma Navigation Canal from 
MM 23 to 23.5. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the Falgout Canal Pontoon Bridge is being repaired. 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 related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

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. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. This regulatory action determination is based on the size, 
location, duration, and specific times of enforcement for the temporary 
safety zone. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these navigable waters while the 
Falgout Canal Pontoon Bridge is being replaced. This temporary safety 
zone will be enforced during specific times during daylight hours for 
bridge replacement operations only, and limits access to a small area 
on the waterway covering one-half mile. Vessels will be able to request 
passage through area from the COTP. Additionally, there will be a break 
in operation allowing any build up of traffic to pass on a once daily 
basis.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. The Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone and 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).

[[Page 47029]]

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. 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, during daylight hours, lasting less than 
13 hours per day for 21 days that will prohibit entry into or transit 
within MM 23 to 23.5 of the Houma Navigation Canal. 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 (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; 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.T08-0650 to read as follows:


Sec.  165.T08-0650  Safety zone; Houma Navigation Canal between mile 23 
to 23.5, Dulac, LA.

    (a) Location. The following area is a temporary safety zone: All 
waters of the Houma Navigation Canal, surface to bottom, between mile 
23 and mile 23.5, Dulac, LA.
    (b) Enforcement period. This safety zone will be enforced from 7:00 
a.m. until 7:00 p.m. daily from July 7 through July 27, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port Morgan City (COTP) or designated 
personnel. Persons or vessels desiring to enter into or pass through 
the zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM radio channel 13 and 16 
or phone at 504-343-7928.
    (2) Persons and vessels permitted to deviate from this safety zone 
regulation and enter the restricted area must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP or 
the designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.

    Dated: July 1, 2016.
B.E. Welborn,
Captain, U.S. Coast Guard, Captain of the Port Morgan City.
[FR Doc. 2016-17035 Filed 7-19-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations                                                47027

                                             10¥4 would be exceeded if one person                     threshold, the applicant’s proposed launch             aircraft, from each proposed reentry
                                             were present in the open.                                site will fail the launch site location review.        does not exceed an expected number of
                                             *     *     *      *    *                                                                                       1 × 10¥4 casualties from impacting inert
                                                                                                      PART 431—LAUNCH AND REENTRY                            and explosive debris and toxic release
                                             ■ 6. In § 420.25, revise paragraph (b) to                OF A REUSABLE LAUNCH VEHICLE                           associated with the reentry; and
                                             read as follows:                                         (RLV)                                                    (c) The risk level to an individual
                                             § 420.25 Launch site location review—risk                ■ 9. The authority citation for part 431               does not exceed 1 × 10¥6 probability of
                                             analysis.
                                                                                                      continues to read as follows:                          casualty per mission.
                                             *     *     *    *    *                                                                                           Issued under authority provided by 49
                                                                                                           Authority: 51 U.S.C. 50901–50923.
                                               (b) For licensed launches, the FAA                                                                            U.S.C. 106(f), and 51 U.S.C. 50903, 50905 in
                                             will not approve the location of the                     ■ 10. In § 431.35, revise paragraph (b)(1)             Washington, DC, on July 11, 2016.
                                             proposed launch point if the estimated                   to read as follows:                                    Michael P. Huerta,
                                             expected casualty exceeds 1 × 10¥4.                                                                             Administrator.
                                                                                                      § 431.35 Acceptable reusable launch
                                             ■ 7. In Appendix C to part 420, revise                   vehicle risk.                                          [FR Doc. 2016–17083 Filed 7–19–16; 8:45 am]
                                             paragraphs (a)(2) and (d)(1) and (2) to                  *      *     *     *     *                             BILLING CODE 4910–13–P
                                             read as follows:                                           (b) * * *
                                             Appendix C to Part 420—Risk Analysis                       (1) To obtain safety approval, an
                                                                                                      applicant must demonstrate the                         DEPARTMENT OF HOMELAND
                                                (a) * * *                                             following for public risk:                             SECURITY
                                                (2) An applicant shall perform a risk
                                             analysis when a populated area is located
                                                                                                        (i) The risk to the collective members
                                                                                                      of the public from the proposed launch                 Coast Guard
                                             within a flight corridor defined by either
                                             appendix A or appendix B. If the estimated               meets the public risk criteria of
                                                                                                      § 417.107(b)(1) of this chapter;                       33 CFR Part 165
                                             expected casualty exceeds 1 × 10¥4, an
                                             applicant may either modify its proposal, or               (ii) The risk level to the collective                [Docket Number USCG–2016–0650]
                                             if the flight corridor used was generated by             members of the public, excluding
                                             the appendix A method, use the appendix B                                                                       RIN 1625–AA00
                                                                                                      persons in water-borne vessels and
                                             method to narrow the flight corridor and then            aircraft, from each proposed reentry
                                             redo the overflight risk analysis pursuant to                                                                   Safety Zone; Houma Navigation Canal
                                                                                                      does not exceed an expected number of                  Miles 23 to 23.5, Dulac, LA
                                             this appendix. If the estimated expected
                                                                                                      1 × 10¥4 casualties from impacting inert
                                             casualty still exceeds 1 × 10¥4, the FAA will
                                             not approve the location of the proposed                 and explosive debris and toxic release                 AGENCY:    Coast Guard, DHS.
                                             launch point.                                            associated with the reentry; and                       ACTION:   Temporary final rule.
                                                                                                        (iii) The risk level to an individual
                                             *      *     *       *       *
                                                (d) * * *                                             does not exceed 1 × 10¥6 probability of                SUMMARY:   The Coast Guard is
                                                (1) If the estimated expected casualty does           casualty per mission.                                  establishing a temporary safety zone for
                                             not exceed 1 × 10¥4, the FAA will approve                *      *     *     *     *                             all navigable waters surface to bottom,
                                             the launch site location.                                ■ 11. In § 431.43, revise paragraph (d)(2)             of the Houma Navigation Canal from
                                               (2) If the estimated expected casualty                 to read as follows:                                    mile marker 23 to 23.5. The safety zone
                                             exceeds 1 × 10¥4, then an applicant may                                                                         is needed to protect personnel, vessels,
                                             either modify its proposal, or, if the flight            *      *     *     *     *
                                                                                                                                                             and the marine environment from
                                             corridor used was generated by the appendix                (d) * * *
                                                                                                                                                             potential hazards created by
                                             A method, use the appendix B method to                     (2) The expected number of casualties
                                                                                                                                                             replacement work of the Falgout Canal
                                             narrow the flight corridor and then perform              to members of the public does not
                                                                                                                                                             Pontoon Bridge. Entry of vessels or
                                             another appendix C risk analysis.                        exceed 1 × 10¥4 given a probability of
                                                                                                                                                             persons into this zone is prohibited
                                                                                                      vehicle failure equal to 1 (pf=1) at any
                                             ■ 8. In Appendix D to part 420, revise                                                                          unless specifically authorized by the
                                                                                                      time the IIP is over a populated area;
                                             paragraphs (a)(5) and (e)(2) and (3) to                                                                         Captain of the Port Morgan City or a
                                                                                                      *      *     *     *     *                             designated representative.
                                             read as follows:
                                                                                                      PART 435— REENTRY OF A REENTRY                         DATES: This rule is effective without
                                             Appendix D to Part 420—Impact
                                             Dispersion Areas and Casualty                            VEHICLE OTHER THAN A REUSABLE                          actual notice from 7:00 a.m. until 7:00
                                             Expectancy Estimate for an Unguided                      LAUNCH VEHICLE (RLV)                                   p.m. daily from July 20, 2016 through
                                             Suborbital Launch Vehicle                                                                                       July 27, 2016. For the purposes of
                                                                                                      ■ 12. The authority citation for part 435              enforcement, actual notice will be used
                                               (a) * * *                                              continues to read as follows:                          from 7:00 a.m. until 7:00 p.m. daily
                                               (5) If the estimated Ec is less than or equal                                                                 from July 7, 2016 through July 20, 2016.
                                             to 1 × 10¥4, the FAA will approve the launch                  Authority: 51 U.S.C. 50901–50923.
                                             point for unguided suborbital launch                                                                            ADDRESSES: To view documents
                                                                                                      ■    13. Revise § 435.35 to read as follows:
                                             vehicles. If the estimated Ec exceeds 1 ×                                                                       mentioned in this preamble as being
                                             10¥4, the proposed launch point will fail the            § 435.35 Acceptable reusable launch                    available in the docket, go to http://
                                             launch site location review.                             vehicle risk.                                          www.regulations.gov, type USCG–2016–
                                             *      *     *       *       *                             To obtain safety approval for reentry,               0650 in the ‘‘SEARCH’’ box and click
                                               (e) * * *                                              an applicant must demonstrate the                      ‘‘SEARCH.’’ Click on Open Docket
                                               (2) If the estimated expected casualty does            following for public risk:                             Folder on the line associated with this
                                             not exceed 1 × 10¥4, the FAA will approve                  (a) The risk to the collective members               rule.
rmajette on DSK2TPTVN1PROD with RULES




                                             the launch point.                                                                                               FOR FURTHER INFORMATION CONTACT: If
                                                                                                      of the public from the proposed launch
                                               (3) If the estimated expected casualty
                                             exceeds 1 × 10¥4, then an applicant may                  meets the public risk criteria of                      you have questions on this rule, contact
                                             modify its proposal and then repeat the                  § 417.107(b)(1) of this chapter;                       MSTC Justin Helton, Marine Safety Unit
                                             impact risk analysis in accordance with this               (b) The risk level to the collective                 Houma, U.S. Coast Guard; telephone
                                             appendix D. If no set of impact dispersion               members of the public, excluding                       985–850–6457, email Justin.K.Helton@
                                             areas exist which satisfy the FAA’s risk                 persons in water-borne vessels and                     uscg.mil.


                                        VerDate Sep<11>2014   14:53 Jul 19, 2016   Jkt 238001   PO 00000    Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\20JYR1.SGM   20JYR1


                                             47028             Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations

                                             SUPPLEMENTARY INFORMATION:                               while the Falgout Canal Pontoon Bridge                Guard will issue a Broadcast Notice to
                                                                                                      is being replaced.                                    Mariners via VHF–FM marine channel
                                             I. Table of Abbreviations
                                                                                                      IV. Discussion of the Rule                            16 about the zone and the rule allows
                                             CFR Code of Federal Regulations                                                                                vessels to seek permission to enter the
                                             DHS Department of Homeland Security                         This rule establishes a safety zone                zone.
                                             FR Federal Register                                      from 7:00 a.m. until 7:00 p.m. from July
                                             NPRM Notice of proposed rulemaking                       7 through July 27, 2016. The safety zone              B. Impact on Small Entities
                                             § Section                                                will cover all navigable waters, surface
                                             U.S.C. United States Code                                                                                         The Regulatory Flexibility Act of
                                             MM Mile Marker                                           to bottom, of the Houma Navigation
                                                                                                      Canal from MM 23 to 23.5. The duration                1980, 5 U.S.C. 601–612, as amended,
                                             II. Background Information and                           of the zone is intended to protect                    requires Federal agencies to consider
                                             Regulatory History                                       personnel, vessels, and the marine                    the potential impact of regulations on
                                                The Coast Guard is issuing this                       environment in these navigable waters                 small entities during rulemaking. The
                                             temporary rule without prior notice and                  while the Falgout Canal Pontoon Bridge                term ‘‘small entities’’ comprises small
                                             opportunity to comment pursuant to                       is being repaired. No vessel or person                businesses, not-for-profit organizations
                                             authority under section 4(a) of the                      will be permitted to enter the safety                 that are independently owned and
                                             Administrative Procedure Act (APA) (5                    zone without obtaining permission from                operated and are not dominant in their
                                             U.S.C. 553(b)). This provision                           the COTP or a designated                              fields, and governmental jurisdictions
                                             authorizes an agency to issue a rule                     representative.                                       with populations of less than 50,000.
                                             without prior notice and opportunity to                  V. Regulatory Analyses                                The Coast Guard certifies under 5 U.S.C.
                                             comment when the agency for good                                                                               605(b) that this rule will not have a
                                             cause finds that those procedures are                      We developed this rule after                        significant economic impact on a
                                             ‘‘impracticable, unnecessary, or contrary                considering numerous statutes and                     substantial number of small entities.
                                             to the public interest.’’ Under 5 U.S.C.                 Executive orders related to rulemaking.
                                                                                                      Below we summarize our analyses                          While some owners or operators of
                                             553(b)(B), the Coast Guard finds that                                                                          vessels intending to transit the safety
                                             good cause exists for not publishing a                   based on a number of these statutes and
                                                                                                      Executive Orders, and we discuss First                zone may be small entities, for the
                                             notice of proposed rulemaking (NPRM)                                                                           reasons stated in section V.A. above,
                                             with respect to this rule because the                    Amendment rights of protestors.
                                                                                                                                                            this rule will not have a significant
                                             Coast Guard did not receive notice of                    A. Regulatory Planning and Review                     economic impact on any vessel owner
                                             the bridge repairs until June 21, 2016.
                                                                                                         Executive Orders 12866 and 13563                   or operator.
                                             Completing the NPRM process would
                                                                                                      direct agencies to assess the costs and                  Under section 213(a) of the Small
                                             delay the immediate action needed to
                                                                                                      benefits of available regulatory                      Business Regulatory Enforcement
                                             protect the public from hazards
                                             associated with the Falgout Canal                        alternatives and, if regulation is                    Fairness Act of 1996 (Pub. L. 104–121),
                                             Pontoon Bridge replacement. It is                        necessary, to select regulatory
                                                                                                                                                            we want to assist small entities in
                                             impracticable to publish an NPRM                         approaches that maximize net benefits.
                                                                                                                                                            understanding this rule. If the rule
                                             because we must establish this safety                    Executive Order 13563 emphasizes the
                                                                                                                                                            would affect your small business,
                                             zone by July 7, 2016.                                    importance of quantifying both costs
                                                                                                                                                            organization, or governmental
                                                We are issuing this rule, and under 5                 and benefits, of reducing costs, of
                                                                                                      harmonizing rules, and of promoting                   jurisdiction and you have questions
                                             U.S.C. 553(d)(3), the Coast Guard finds                                                                        concerning its provisions or options for
                                             that good cause exists for making it                     flexibility. This rule has not been
                                                                                                      designated a ‘‘significant regulatory                 compliance, please contact the person
                                             effective less than 30 days after                                                                              listed in the FOR FURTHER INFORMATION
                                             publication in the Federal Register.                     action,’’ under Executive Order 12866.
                                                                                                      Accordingly, it has not been reviewed                 CONTACT section.
                                             Providing 30 days notice for this
                                             occurrence would unnecessarily delay                     by the Office of Management and                          Small businesses may send comments
                                             the effective date and would be                          Budget. This regulatory action                        on the actions of Federal employees
                                             impracticable based on the limited time                  determination is based on the size,                   who enforce, or otherwise determine
                                             frame, as well as be contrary to public                  location, duration, and specific times of             compliance with, Federal regulations to
                                             interest because immediate action is                     enforcement for the temporary safety                  the Small Business and Agriculture
                                             needed to respond to the potential                       zone. The duration of the zone is                     Regulatory Enforcement Ombudsman
                                             safety hazards associated with the                       intended to protect personnel, vessels,               and the Regional Small Business
                                             replacement of the Falgout Canal                         and the marine environment in these                   Regulatory Fairness Boards. The
                                             Pontoon Bridge.                                          navigable waters while the Falgout                    Ombudsman evaluates these actions
                                                                                                      Canal Pontoon Bridge is being replaced.               annually and rates each agency’s
                                             III. Legal Authority and Need for Rule                   This temporary safety zone will be                    responsiveness to small business. If you
                                                The Coast Guard is issuing this rule                  enforced during specific times during                 wish to comment on actions by
                                             under authority in 33 U.S.C. 1231. The                   daylight hours for bridge replacement                 employees of the Coast Guard, call 1–
                                             Captain of the Port Morgan City (COTP)                   operations only, and limits access to a               888–REG–FAIR (1–888–734–3247). The
                                             has determined that potential hazards                    small area on the waterway covering                   Coast Guard will not retaliate against
                                             associated with the Falgout Canal                        one-half mile. Vessels will be able to
                                                                                                                                                            small entities that question or complain
                                             Pontoon Bridge replacement between                       request passage through area from the
                                             7:00 a.m. and 7:00 p.m. from July 7                                                                            about this rule or any policy or action
                                                                                                      COTP. Additionally, there will be a
                                             through July 27, 2016 will be a safety                                                                         of the Coast Guard.
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                      break in operation allowing any build
                                             concern for anyone within the area                       up of traffic to pass on a once daily                 C. Collection of Information
                                             extending from MM 23 to 23.5 of the                      basis.
                                             Houma Navigation Canal. This rule is                        No vessel or person will be permitted                This rule will not call for a new
                                             needed to protect personnel, vessels,                    to enter the safety zone without                      collection of information under the
                                             and the marine environment in the                        obtaining permission from the COTP or                 Paperwork Reduction Act of 1995 (44
                                             navigable waters within the safety zone                  a designated representative. The Coast                U.S.C. 3501–3520).


                                        VerDate Sep<11>2014   14:53 Jul 19, 2016   Jkt 238001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\20JYR1.SGM   20JYR1


                                                               Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations                                               47029

                                             D. Federalism and Indian Tribal                          Instruction. An environmental analysis                at the slowest safe speed and comply
                                             Governments                                              checklist supporting this determination               with all lawful directions issued by the
                                                A rule has implications for federalism                and a Categorical Exclusion                           COTP or the designated representative.
                                                                                                      Determination are available in the                       (d) Informational broadcasts. The
                                             under Executive Order 13132,
                                                                                                      docket where indicated under                          COTP or a designated representative
                                             Federalism, if it has a substantial direct
                                                                                                      ADDRESSES. We seek any comments or                    will inform the public through
                                             effect on the States, on the relationship
                                                                                                      information that may lead to the                      broadcast notices to mariners of the
                                             between the national government and
                                                                                                      discovery of a significant environmental              enforcement period for the temporary
                                             the States, or on the distribution of
                                                                                                      impact from this rule.                                safety zone as well as any changes in the
                                             power and responsibilities among the
                                                                                                                                                            planned schedule.
                                             various levels of government. We have                    G. Protest Activities
                                             analyzed this rule under that Order and                                                                          Dated: July 1, 2016.
                                                                                                        The Coast Guard respects the First
                                             have determined that it is consistent                                                                          B.E. Welborn,
                                                                                                      Amendment rights of protesters.
                                             with the fundamental federalism                                                                                Captain, U.S. Coast Guard, Captain of the
                                                                                                      Protesters are asked to contact the
                                             principles and preemption requirements                                                                         Port Morgan City.
                                                                                                      person listed in the FOR FURTHER
                                             described in Executive Order 13132.                                                                            [FR Doc. 2016–17035 Filed 7–19–16; 8:45 am]
                                                                                                      INFORMATION CONTACT section to
                                                Also, this rule does not have tribal                                                                        BILLING CODE 9110–04–P
                                                                                                      coordinate protest activities so that your
                                             implications under Executive Order
                                                                                                      message can be received without
                                             13175, Consultation and Coordination
                                                                                                      jeopardizing the safety or security of
                                             with Indian Tribal Governments,                                                                                ENVIRONMENTAL PROTECTION
                                                                                                      people, places or vessels.
                                             because it does not have a substantial                                                                         AGENCY
                                             direct effect on one or more Indian                      List of Subjects in 33 CFR Part 165
                                             tribes, on the relationship between the                    Harbors, Marine safety, Navigation                  40 CFR Part 52
                                             Federal Government and Indian tribes,                    (water), Reporting and recordkeeping                  [EPA–R10–OAR–2015–0854; FRL–9949–00–
                                             or on the distribution of power and                      requirements, Security measures,                      Region 10]
                                             responsibilities between the Federal                     Waterways.
                                             Government and Indian tribes. If you                                                                           Air Plan Approval; Oregon; Medford
                                                                                                        For the reasons discussed in the
                                             believe this rule has implications for                                                                         Area Carbon Monoxide Second 10-
                                                                                                      preamble, the Coast Guard amends 33
                                             federalism or Indian tribes, please                                                                            Year Maintenance Plan
                                                                                                      CFR part 165 as follows:
                                             contact the person listed in the FOR
                                             FURTHER INFORMATION CONTACT section                                                                            AGENCY: Environmental Protection
                                                                                                      PART 165—REGULATED NAVIGATION
                                             above.                                                                                                         Agency (EPA).
                                                                                                      AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                            ACTION: Direct final rule.
                                             E. Unfunded Mandates Reform Act
                                                                                                      ■ 1. The authority citation for part 165
                                               The Unfunded Mandates Reform Act                                                                             SUMMARY:   The Environmental Protection
                                                                                                      continues to read as follows:
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                          Agency (EPA) is taking direct final
                                                                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           action to approve a second 10-year
                                             Federal agencies to assess the effects of                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             their discretionary regulatory actions. In                                                                     carbon monoxide (CO) limited
                                                                                                      Department of Homeland Security Delegation
                                             particular, the Act addresses actions                                                                          maintenance plan (LMP) for the
                                                                                                      No. 0170.1.
                                             that may result in the expenditure by a                                                                        Medford area in Oregon, submitted by
                                                                                                      ■ 2. Add § 165.T08–0650 to read as                    the Oregon Department of
                                             State, local, or tribal government, in the
                                                                                                      follows:                                              Environmental Quality (tODEQ) on
                                             aggregate, or by the private sector of
                                             $100,000,000 (adjusted for inflation) or                 § 165.T08–0650 Safety zone; Houma
                                                                                                                                                            December 11, 2015, along with a
                                             more in any one year. Though this rule                   Navigation Canal between mile 23 to 23.5,             supplementary submittal on December
                                             will not result in such an expenditure,                  Dulac, LA.                                            30, 2015, as a revision to its State
                                             we do discuss the effects of this rule                     (a) Location. The following area is a               Implementation Plan (SIP). In
                                             elsewhere in this preamble.                              temporary safety zone: All waters of the              accordance with the requirements of the
                                                                                                      Houma Navigation Canal, surface to                    Clean Air Act (CAA), the EPA is
                                             F. Environment                                                                                                 approving this SIP revision because it
                                                                                                      bottom, between mile 23 and mile 23.5,
                                               We have analyzed this rule under                       Dulac, LA.                                            demonstrates that the Medford area will
                                             Department of Homeland Security                            (b) Enforcement period. This safety                 continue to meet the CO National
                                             Management Directive 023–01 and                          zone will be enforced from 7:00 a.m.                  Ambient Air Quality Standards
                                             Commandant Instruction M16475.lD,                        until 7:00 p.m. daily from July 7 through             (NAAQS) for a second 10-year period
                                             which guide the Coast Guard in                           July 27, 2016.                                        beyond redesignation, through 2025.
                                             complying with the National                                (c) Regulations. (1) In accordance with             DATES: This rule is effective on
                                             Environmental Policy Act of 1969 (42                     the general regulations in § 165.23, entry            September 19, 2016, without further
                                             U.S.C. 4321–4370f), and have                             into this zone is prohibited unless                   notice, unless the EPA receives adverse
                                             determined that this action is one of a                  specifically authorized by the Captain of             comment by August 19, 2016. If the EPA
                                             category of actions that do not                          the Port Morgan City (COTP) or                        receives adverse comment, we will
                                             individually or cumulatively have a                      designated personnel. Persons or vessels              publish a timely withdrawal in the
                                             significant effect on the human                          desiring to enter into or pass through                Federal Register informing the public
                                             environment. This rule involves a safety                 the zone must request permission from                 that the rule will not take effect.
                                             zone, during daylight hours, lasting less                                                                      ADDRESSES: Submit your comments,
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                      the COTP or a designated
                                             than 13 hours per day for 21 days that                   representative. They may be contacted                 identified by Docket ID No. EPA–R10–
                                             will prohibit entry into or transit within               on VHF–FM radio channel 13 and 16 or                  OAR–2015–0854 at http://
                                             MM 23 to 23.5 of the Houma Navigation                    phone at 504–343–7928.                                www.regulations.gov, or via email to
                                             Canal. It is categorically excluded from                   (2) Persons and vessels permitted to                Chi.John@epa.gov. For comments
                                             further review under paragraph 34(g) of                  deviate from this safety zone regulation              submitted at Regulations.gov, follow the
                                             Figure 2–1 of the Commandant                             and enter the restricted area must transit            online instructions for submitting


                                        VerDate Sep<11>2014   14:53 Jul 19, 2016   Jkt 238001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\20JYR1.SGM   20JYR1



Document Created: 2018-02-08 07:57:07
Document Modified: 2018-02-08 07:57:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from 7:00 a.m. until 7:00 p.m. daily from July 20, 2016 through July 27, 2016. For the purposes of enforcement, actual notice will be used from 7:00 a.m. until 7:00 p.m. daily from July 7, 2016 through July 20, 2016.
ContactIf you have questions on this rule, contact MSTC Justin Helton, Marine Safety Unit Houma, U.S. Coast Guard; telephone 985-850-6457, email [email protected]
FR Citation81 FR 47027 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR