77512 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 

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. 

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°25′28.6′′ 

N 90°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: 

justin.r.kimrey@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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°25′28.6′′ N 90°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°25′28.6′′ N 

90°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 


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Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Rules and Regulations 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 

■ 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. 

■ 2. Add § 165.T08–0869 to read as 

follows: 

§ 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°25′28.6′′ N 90°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 § 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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