Rule2023-24949
Safety Zone; Bayou Lafourche, Galliano, LA
Primary source
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Published
November 13, 2023
Effective
November 13, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for Bayou Lafourche. This temporary safety zone encompasses an area 440 yards north and south of position 29[deg]25'28.6" N 90[deg]17'31.5" W. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the construction of the Airport Road Bridge. Entry of vessels or persons into this zone and movement of vessels within this zone is prohibited unless specifically authorized by the Captain of the Port Marine Safety Unit Houma (COTP) or a designated representative.
Full Text
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<title>Federal Register, Volume 88 Issue 217 (Monday, November 13, 2023)</title>
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[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Rules and Regulations]
[Pages 77512-77513]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24949]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0869]
RIN 1625-AA00
Safety Zone; Bayou Lafourche, Galliano, LA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
Bayou Lafourche. This temporary safety zone encompasses an area 440
yards north and south of position 29[deg]25'28.6'' N 90[deg]17'31.5''
W. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards created by the construction
of the Airport Road Bridge. Entry of vessels or persons into this zone
and movement of vessels within this zone is prohibited unless
specifically authorized by the Captain of the Port Marine Safety Unit
Houma (COTP) or a designated representative.
DATES: This rule is effective without actual notice from November 13,
2023 through November 15, 2023. For the purposes of enforcement, actual
notice will be used from November 8, 2023 until November 13, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0869 in the search box and click ``Search.'' Next in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Justin Kimrey, Waterways Management
and Facilities Division Chief, U.S. Coast Guard; telephone: (985) 850-
6473 email: <a href="/cdn-cgi/l/email-protection#f79d8284839e99d985d99c9e9a85928eb782849490d99a9e9b"><span class="__cf_email__" data-cfemail="0b617e787f6265257925606266796e724b7e78686c25666267">[email protected]</span></a>.
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
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 it is impracticable. Establishing the
safety zone is necessary to facilitate safe construction of a bridge
that is in a location frequented by commercial and recreational vessel
traffic. Immediate action is needed to respond to the potential safety
hazards associated with bridge construction operations. We must
establish the safety zone by November 8, 2023, and lack sufficient time
to provide a reasonable comment period and then consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with construction of
the Airport Road Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Marine Safety Unit Houma (COTP) has
determined that potential hazards associated with the bridge
construction operations continuing through November 15, 2023, will be a
safety concern for anyone within 440 yards north or south around
position 29[deg]25'28.6'' N 90[deg]17'31.5'' W in Bayou Lafourche,
Galliano, LA. This rule is needed to protect life and property on the
navigable waters while bridge construction operations are being
conducted.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from November 8,
2023, through November 15, 2023. This temporary safety zone encompasses
an area 440 yards north and 440 yards south of position
29[deg]25'28.6'' N 90[deg]17'31.5'' W, in Bayou Lafourche, Galliano,
LA. The duration of the zone is intended to protect life and property
on these navigable waters for the duration of bridge construction. No
vessel or person will be permitted to enter and move within the safety
zone without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Marine Safety Unit Houma. Vessels requiring
entry into this safety zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM Channel 16
or 67. Persons and vessels permitted to enter or to move within this
safety zone must transit at their slowest safe speed and comply with
all lawful directions issued by the COTP or the designated
representative. The COTP or a designated representative will inform the
public of the enforcement periods and changes through Broadcast Notices
to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine
Safety Information Bulletins (MSIBs) as appropriate.
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. This rule has not been designated a ``significant
regulatory action'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the location of
the safety zone. Vessel traffic will have alternate routes of
navigation to reach their desired destinations. Moreover, the Coast
Guard would 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
[[Page 77513]]
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of a safety zone that will prohibit entry within 440
yards north and 440 yards south of vessels and machinery being used for
bridge construction operations. It is categorically excluded from
further review under paragraph L60(c) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0869 to read as follows:
Sec. 165.T08-0869 Safety Zone; Bayou Lafourche, Galliano, LA.
(a) Location. The following area is a safety zone: All waters of
Bayou Lafourche, from surface to bottom 440 yards north and 440 yards
south of position 29[deg]25'28.6'' N 90[deg]17'31.5'' W. These
coordinates are based the 1984 World Geodetic System (WGS 84).
(b) Definition. A designated representative is a commissioned,
warrant, or petty officer of the U.S. Coast Guard assigned to units
under the operational control of USCG Marine Safety Unit Houma.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or remaining within this zone is
prohibited unless authorized by the Captain of the Port Marine Safety
Unit Houma (COTP) or designated representative.
(2) To enter the safety zone described in paragraph (a) of this
section, you must contact the COTP or a designated representative and
obtain permission to do so. They may be contacted on VHF-FM Channel 16
or 67 or by telephone at (985) 665-9180. Persons and vessels permitted
to enter this safety zone must transit at their slowest safe speed and
comply with all lawful directions issued by COTP or the designated
representative.
(d) Enforcement period. This section will be enforced from November
8, 2023, through November 15, 2023. It will be subject to enforcement
this entire period unless the COTP determines it is no longer needed,
in which case the Coast Guard will inform mariners via Notice to
Mariners.
Dated: November 7, 2023.
L.T. O'Brien,
Captain, U.S. Coast Guard, Captain of the Port, Marine Safety Unit
Houma.
[FR Doc. 2023-24949 Filed 11-9-23; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.