[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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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