Rule2024-07781
Safety Zone, Calcasieu River Ship Channel, Lake Charles, LA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 12, 2024
Effective
April 12, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for all navigable waters between Mile Marker 30 and 31 on the Calcasieu River Ship Channel. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by partially blocking the federally maintained channel to unload a ship loader at a waterfront facility. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Marine Safety Unit Port Arthur.
Full Text
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<title>Federal Register, Volume 89 Issue 72 (Friday, April 12, 2024)</title>
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[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Rules and Regulations]
[Pages 25808-25809]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07781]
[[Page 25808]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0277]
RIN 1625-AA00
Safety Zone, Calcasieu River Ship Channel, Lake Charles, 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
all navigable waters between Mile Marker 30 and 31 on the Calcasieu
River Ship Channel. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
partially blocking the federally maintained channel to unload a ship
loader at a waterfront facility. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port, Marine Safety Unit Port Arthur.
DATES: This rule is effective without actual notice from April 12,
2024, through April 26, 2024. For the purposes of enforcement, actual
notice will be used from April 8, 2024, until April 12, 2024.
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-
2024-0277 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Mache Mason, U.S. Coast Guard; telephone 337-
912-0073, email <a href="/cdn-cgi/l/email-protection#39544a4c555a4e4e54794c4a5a5e17545055"><span class="__cf_email__" data-cfemail="ef829c9a838c989882af9a9c8c88c1828683">[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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' 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. The ship loader unload will partially block the
federally maintained channel, compromising public safety, and
preventing commercial and recreational vessels from transiting. The
Coast Guard must establish this temporary safety zone by April 8, 2024,
and lacks sufficient time to publish an NPRM, provide a reasonable
comment period, and then consider those comments before establishing
the necessary safety zone.
Also, 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 the Coast Guard must establish
this safety zone by April 8, 2024, to respond to the potential safety
hazards associated with partially blocking a federally maintained
channel to unload a ship loader at a waterfront facility.
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 Port Arthur (COTP)
has determined that potential hazards associated with the ship loader
unload at this location would be a safety concern for commercial and
recreational vessels in the vicinity. The purpose of this rule is to
ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the ship loader unload.
IV. Discussion of the Rule
The effective period of the rule will be from April 8, 2024, to
April 26, 2024, to accommodate any weather delays. This rule will be
enforced from 6 a.m. until 6 p.m. on the day of the unload. The COTP or
a designated representative will inform the public of the unload date,
as well as any changes in the dates and times of the enforcement
period, through Broadcast Notices to Mariners and Marine Safety
Information Bulletins as appropriate.
The safety zone will cover all navigable waters between Mile
Markers 30 and 31 on the Calcasieu River Ship Channel. The ship loader
unload will occur at 30[deg]11'30.90'' N, 093[deg]17'45.7'' W. The
duration of the safety zone is intended to protect persons and vessels,
in the nearby navigable waters during the ship loader unload.
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. 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 size, location,
and duration of the safety zone. Smaller vessel traffic will be able to
safely transit around this safety zone which would impact a small,
designated area of the Calcasieu River Ship Channel for 12 hours.
Moreover, the Coast Guard would issue a Marine Safety Information
Bulletin and Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule would allow 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),
[[Page 25809]]
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 a
safety zone that will be enforced for 12 hours that will prohibit entry
between Mile Markers 30 and 31 on the Calcasieu River Ship Channel for
the unload of a ship loader at a waterfront facility. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects 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.T08-0277 to read as follows:
Sec. 165.T08-0277 Safety Zone; Calcasieu River Ship Channel, Lake
Charles, LA.
(a) Location. All navigable waters between Mile Marker 30 and 31 on
the Calcasieu River Ship Channel.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Marine Safety Unit Port Arthur (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, entry of vessels or persons into this zone is
prohibited unless authorized by the COTP or a designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 13 or 16, or by phone at telephone at
337-912-0073.
(3) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(4) The COTP or a designated representative may terminate the
operation of any vessel at any time it is deemed necessary for the
protection of life or property.
(d) Enforcement period. The safety zone in this section is in
effect from April 8, 2024, through April 26, 2024. It will be subject
to enforcement from 6 a.m. to 6 p.m. on the day of the unload. The COTP
or a designated representative will inform the public of the unload
date through Broadcast Notices to Mariners and Marine Safety
Information Bulletins as appropriate.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of the
enforcement period through Broadcast Notices to Mariners and Marine
Safety Information Bulletins as appropriate.
Dated: April 8, 2024.
A.R. Migliorini,
Captain, U.S. Coast Guard Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2024-07781 Filed 4-11-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 12, 2024.
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