Rule2024-16360
Safety Zone; Gulf Intracoastal Waterway, Gibbstown, 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
July 25, 2024
Effective
July 25, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within a 1000-foot radius of the Gibbstown Bridge. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by pulling transmission wires over the waterway. 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 143 (Thursday, July 25, 2024)</title>
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[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Rules and Regulations]
[Pages 60305-60307]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16360]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0659]
RIN 1625-AA00
Safety Zone; Gulf Intracoastal Waterway, Gibbstown, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 1000-foot radius of the Gibbstown Bridge. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by pulling transmission
wires over the waterway. 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 July 25, 2024
through July 30, 2024. For the purposes of enforcement, actual notice
will be used from July 23, 2024, through July 30, 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-
2024-0659 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 Chief Jay Buehner, U.S. Coast Guard; telephone 337-912-
0073, email <a href="/cdn-cgi/l/email-protection#94f9e7e1f8f7e3e3f9d4e1e7f7f3baf9fdf8"><span class="__cf_email__" data-cfemail="9ff2eceaf3fce8e8f2dfeaecfcf8b1f2f6f3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Port Arthur
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 60306]]
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. Prompt action is needed to respond to the potential
safety hazards associated with pulling transmission wires over the
waterway. It is impracticable to publish an NPRM because the Coast
Guard must establish this temporary safety zone by July 23, 2024 and
lacks sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
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 prompt action is needed to
respond to the potential safety hazards associated with wire pulls
across the Gulf Intracoastal Waterway.
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 transmission wire
pulling operations within a 1000-foot radius of the Gibbstown Bridge
will be a safety concern for recreational and commercial vessel
traffic. The purpose of this rule is to ensure the safety of personnel,
vessels, and the marine environment in the navigable waters within the
safety zone during the wire pulling operations.
IV. Discussion of the Rule
This rule establishes a safety zone from July 23, 2024, through
July 30, 2024 that will be enforced from 8:00 a.m. through 1:00 p.m. on
the day of wire pulling operations. The COTP or a designated
representative will inform the public of the actual wire pull date, as
well as any subsequent changes in the date 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 within a 1000-foot
radius of Gibbstown Bridge located at 29[deg]56'01.2'' N and
093[deg]04'47.3'' W. The duration of the safety zone is intended to
protect persons and vessels, in the nearby navigable waters during the
wire pulling operations. 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. The safety zone will impact a small,
designated area of the Gulf Intracoastal Waterway for five hours.
Moreover, the Coast Guard will issue a Local Notice to Mariners and
Broadcast Notice to Mariners about the zone. 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
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
[[Page 60307]]
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 five hours to prohibit entry
within a 1000-foot radius of wire pulling operations. 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.T08-0659 to read as follows:
Sec. 165.T08-0659 Safety Zone; Gulf Intracoastal Waterway, Gibbstown,
LA.
(a) Location. The following area is a safety zone: All navigable
waters within a 1000-foot radius of the Gibbstown Bridge located at
29[deg]56'01.2'' N and 093[deg]04'47.3'' W, on the Gulf Intracoastal
Waterway. These coordinates are based on WGS 84.
(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 the zone
described in paragraph (a) is prohibited unless authorized by the COTP
or a designated representative. During the enforcement period, all
persons and vessels permitted to enter the safety zone described in
paragraph (a) must comply with the lawful order or directions of the
COTP or a designated representative.
(2) To seek permission to enter the safety zone, contact the COTP
or the COTP's representative on VHF-FM channel 13 or 16, or by phone at
telephone at 337-912-0073.
(d) Enforcement period. This safety zone is in effect from July 23,
2024 through July 30, 2024. It will be subject to enforcement from 8:00
a.m. through 1:00 p.m. on the day of the wire pulling operations. The
COTP or a designated representative will inform the public of the date
of wire pulling operations 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 date and times of
enforcement, through Broadcast Notices to Mariners and Marine Safety
Information Bulletins as appropriate.
Morgan Kelly,
Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety
Unit Port Arthur.
[FR Doc. 2024-16360 Filed 7-24-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 25, 2024.
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