Rule2024-21776
Safety Zone; Grosse Tete, Iberville 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
September 24, 2024
Effective
September 24, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for all navigable waters from mile marker 45 to mile marker 47 of the Port Allen Route, Iberville, LA. The safety zone is needed to protect Grosse Tete bridge repairs and 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, Sector New Orleans.
Full Text
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<title>Federal Register, Volume 89 Issue 185 (Tuesday, September 24, 2024)</title>
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[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Rules and Regulations]
[Pages 77782-77784]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21776]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0875]
RIN 1625-AA00
Safety Zone; Grosse Tete, 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 from mile marker 45 to mile marker 47 of the Port
Allen Route, Iberville, LA. The safety zone is needed to protect Grosse
Tete bridge repairs and 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,
Sector New Orleans.
DATES: This rule is effective without actual notice from September 24,
2024 through 11:59 p.m. on December 1, 2024. For purposes of
enforcement, actual notice will be used from September 17, 2024, until
September 24, 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-
2024-0875 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 Benjamin Adrien, Marine Safety Unit Baton
Rouge, U.S. Coast Guard; telephone: (225) 281-2875, email:
<a href="/cdn-cgi/l/email-protection#5e3c3b30343f333730703a703f3a2c373b301e2b2d3d3970333732"><span class="__cf_email__" data-cfemail="6c0e0902060d0105024208420d081e0509022c191f0f0b42010500">[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 the authority
in 5 U.S.C. 553(b)(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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because prompt action is
needed to protect personnel, vessels and the marine environment in the
vicinity of the Grosse Tete bridge allision and associated passenger
ferry operations during bridge repairs. It is impracticable to publish
an NPRM because we must establish this safety zone by September 17,
2024.
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
mitigate potential safety hazards associated with the bridge closure
and increased 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 Captain of the Port Sector New Orleans (COTP) has determined
that a safety zone is needed for the safety of Grosse Tete bridge
repairs and passenger ferry operations from mile marker 45 to mile
marker 47 on the Port Allen Route, Iberville, LA. The safety zone is
needed to protect personnel, vessels, and the marine environment in the
navigable waters and in the vicinity of the bridge while it is being
repaired.
IV. Discussion of the Rule
This rule establishes a temporary safety zone for all navigable
waters from mile marker 45 to mile marker 47 of the Port Allen Route,
Iberville, LA, on September 17, 2024, through 11:59 p.m. on December 1,
2024. The safety zone will be enforced from 6 a.m. to 8 a.m. and from
2:30 p.m. to 4:30 p.m., daily Monday through Friday, except on federal
holidays. The safety zone will also be enforced on September 18, 2024,
from 7 a.m. to 5 p.m. for bridge repairs and testing. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment while the 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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the
[[Page 77783]]
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 navigable waters from mile
marker 45 to mile marker 47 of the Port Allen Route, Iberville, LA. The
zone will be enforced from 6 a.m. to 8 a.m. and 2:30 p.m. to 4:30 p.m.,
daily Monday through Friday, except on federal holidays, and on
September 18, 2024 from 7 a.m. to 5 p.m. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule will 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), we want to assist small
entities in understanding this rule. If the rule affects 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 of vessels from mile marker 45 to
mile marker 47 of the Port Allen Route, Iberville, LA. The zone will be
effective on September 17, 2024 through 11:59 p.m. on December 1, 2024.
The safety zone will be enforced from 6 a.m. to 8 a.m. and 2:30 p.m. to
4:30 p.m., daily Monday through Friday, except on federal holidays and
on September 18, 2024 from 7 a.m. to 5 p.m. This type of action is
categorically excluded from further review under paragraph L60(d) 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.T08-0875 to read as follows:
Sec. 165.T08-0875 Safety Zone; Grosse Tete, Iberville, LA.
(a) Location. The following is a safety zone: All waters between
mile marker 45 and mile marker 47 on the Port Allen Route, Iberville,
LA.
(b) Definition. As used in this section, 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
Captain of the Port New Orleans (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit,
[[Page 77784]]
anchor, or remain within the safety zone described in paragraph (a) of
this section unless authorized by the COTP or a designated
representative. If authorization is granted, persons and vessels
receiving such authorization must comply with the lawful instructions
of the COTP or designated representative.
(2) To seek permission to enter, contact the COTP by telephone at
(504) 365-2540 or a designated representative via VHF radio on channel
16.
(d) Enforcement period. This section will be enforced from 6 a.m.
to 8 a.m. and from 2:30 p.m. to 4:30 p.m., daily Monday through Friday,
except on federal holidays. Additionally, this section will be enforced
on September 18, 2024 from 7 a.m. to 5 p.m.
Dated: September 17, 2024.
G.A. Callaghan,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2024-21776 Filed 9-23-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 24, 2024.
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.