Rule2024-18869
Safety Zone; Grosse Tete Passenger Ferry, Iberville LA
Primary source
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Published
August 22, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for all navigable waters within a 300 yard radius of the Grosse Tete passenger ferry at MM 46 of the Port Allen Route, Iberville, LA. The safety zone is needed to protect ferry operations for crossing school students during morning and afternoon commutes as a result of the Grosse Tete bridge closure. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) New Orleans. This rule is effective without actual notice from August 22, 2024 through noon on October 9, 2024. For the purposes of enforcement, actual notice will be used from noon on August 9, 2024, through August 22, 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 163 (Thursday, August 22, 2024)</title>
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[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Rules and Regulations]
[Pages 67861-67863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18869]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0730]
RIN 1625-AA00
Safety Zone; Grosse Tete Passenger Ferry, Iberville LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within a 300 yard radius of the Grosse Tete
passenger ferry at MM 46 of the Port Allen Route, Iberville, LA. The
safety zone is needed to protect ferry operations for crossing school
students during morning and afternoon commutes as a result of the
Grosse Tete bridge closure. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
(COTP) New Orleans.
This rule is effective without actual notice from August 22, 2024
through noon on October 9, 2024. For the purposes of enforcement,
actual notice will be used from noon on August 9, 2024, through August
22, 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-
2024-0730 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 LT Benjamin Adrien, Marine Safety Unit Baton Rouge, U.S.
Coast Guard; telephone: (225) 281-2875, email:
<a href="/cdn-cgi/l/email-protection#0567606b6f64686c6b2b612b6461776c606b45707666622b686c69"><span class="__cf_email__" data-cfemail="86e4e3e8ece7ebefe8a8e2a8e7e2f4efe3e8c6f3f5e5e1a8ebefea">[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 immediate action is needed to respond
to Grosse Tete bridge allision and associated ferry operations. It is
impracticable to publish an NPRM because we must establish this safety
zone on August 9th, 2024.
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
mitigate potential safety hazards associated with the bridge closure
and passenger ferry operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP New Orleans has determined a safety zone is needed for
the safety of passenger ferry operations at the Grosse Tete bridge on
the Port Allen Route MM 46, Iberville, LA. The safety zone is needed to
protect and facilitate local school students during morning and
afternoon commutes across the Port Allen Route via passenger ferry on
Monday through Friday at 6 a.m. to 8 a.m. and 2:30 p.m. to 4:30 p.m.
except on Federal holidays.
IV. Discussion of the Rule
This rule establishes a temporary safety zone for all navigable
waters within a 300 yard radius of the Grosse Tete passenger ferry at
MM 46 of the Port Allen Route, Iberville, LA. The zone will be
effective Monday through Friday from 6 a.m. to 8 a.m. and 2:30 p.m. to
4:30 p.m. except on Federal holidays. 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
[[Page 67862]]
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 Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and scope of the safety zone. The safety zone is
limited in size and duration as it covers a 300 yard radius of the
Grosse Tete passenger ferry at MM 46 of the Port Allen Route,
Iberville, LA. The zone will be effective Monday through Friday from 6
a.m. to 8 a.m. and 2:30 p.m. to 4:30 p.m. except on Federal holidays.
The Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about 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 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 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 prohibit entry within a 300 yard radius of the
Grosse Tete passenger ferry at MM 46 of the Port Allen Route,
Iberville, LA. The zone will be effective Monday through Friday from 6
a.m. to 8 a.m. and 2:30 p.m. to 4:30 p.m. except on Federal Holidays.
This type of action 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:
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.T08-0730 to read as follows:
Sec. 165.T08-0730 Safety Zone; Grosse Tete Passenger Ferry,
Iberville, LA.
(a) Locations. The following is a temporary safety zone:
(1) All waters within a 300 yard radius of the Grosse Tete
passenger ferry at 30[deg]16'0.22'' N, 091[deg]19'16.91'' W, on the
Port Allen Route at MM 46, Iberville, LA.
(2) The points are in NAD 83.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
in the enforcement of the safety zone.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit,
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anchor, or remain within the safety zone unless authorized by the COTP
New Orleans or a designated representative. If authorization is
granted, persons and/or vessels receiving such authorization must
comply with the instructions of the COTP New Orleans or designated
representative.
(2) Persons who must notify or request authorization from the COTP
may do so by telephone at (504) 365-2540 or may contact a designated
representative via VHF radio on channel 16.
(d) Enforcement period. This rule will be enforced from 12 p.m. on
August 9, 2024, through 12 p.m. on October 9, 2024.
Dated: August 9, 2024.
G.A. Callaghan,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2024-18869 Filed 8-21-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 22, 2024.
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