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[Federal Register Volume 70, Number 182 (Wednesday, September 21, 2005)]
[Rules and Regulations]
[Pages 55252-55254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18966]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2005-22429]
RIN 1625-AA11

Safety Zones; Sector New Orleans; Barges

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing safety zones on the navigable 
waters of Sector New Orleans surrounding barges that have sustained 
damage requiring salvage operations during Hurricane Katrina. This 
action is necessary to provide for the safety of life and property 
during salvage operations, as well as to minimize effects on the 
navigable waters of Sector New Orleans.

DATES: This rule is effective from September 19, 2005 through December 
31, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2005-22429 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this

[[Page 55253]]

docket on the Internet at http://dms.dot.gov.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing a NPRM would be 
contrary to the public interest, as there is an immediate need to 
quickly and safely remove damaged barges from the navigable waterways 
within Sector New Orleans.
    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. This safety zone is needed 
immediately, in order to re-establish safe and efficient navigation 
within the navigable waterways.

Background and Purpose

    On August 29, 2005, Hurricane Katrina struck the Gulf Coasts of 
Louisiana, Mississippi, and Alabama, causing severe damage throughout 
the area. The severity of the damage is still not fully known; however 
we are aware of a large number of barges that have been damaged and 
strewn throughout the waterways within the boundaries of Sector, New 
Orleans. Some of these barges are directly interfering with waterway 
traffic, while others present environmental or safety hazards. It is 
imperative that salvage operations begin on these barges in an orderly 
and efficient manner.

Discussion of Rule

    This temporary rule establishes safety zones around those barges 
located in the waters within Sector New Orleans that sustained damage 
during Hurricane Katrina, when the damage was severe enough to require 
salvage operations. This temporary rule regulates salvage operations 
within those zones. It requires that a salvage plan be submitted to the 
COTP prior to beginning salvage operations on any Coast Guard inspected 
barge, as well as on any uninspected barge that is currently affecting 
waterway traffic. Additionally, for any barge requiring salvage 
operations that will affect waterway traffic, a salvage plan must be 
submitted to the COTP New Orleans for approval.
    For those uninspected barges that are not affecting the navigation 
channel or vessel traffic, this temporary final rule requires that the 
COTP be notified when salvage operations begin and end, even though a 
salvage plan is not required.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. This is because the Coast Guard will allow barge 
owners and operators to salvage damaged barges. The Coast Guard is 
requiring the submission of salvage plans in order to ensure that these 
operations proceed smoothly, without having a detrimental effect on the 
navigable waterways within Sector New Orleans.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule does not require a general notice of proposed rulemaking 
and, therefore, is exempt from the requirements of the Regulatory 
Flexibility Act.

Assistance for Small Entities

    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 the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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).

Collection of Information

    The Office of Management and Budget has exempted this rule from the 
requirements of the Paperwork Reduction Act due to the emergency nature 
of the rule.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. The Act does not require an assessment in the case of a rule 
issued without prior notice and public comment. Nevertheless, the Coast 
Guard does not expect this rule to result in such an expenditure. We 
discuss this rule's effects elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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

[[Page 55254]]

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g.), of the Instruction, from further 
environmental documentation. This rule establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T08-999 to read as follows:

Sec.  165.T08-999  Safety zones; Sector New Orleans.

    (a) Location. The following areas are safety zones:
    (1) A 25-yard radius surrounding all damaged barges located in 
navigable waters within Sector New Orleans.
    (b) Definitions.
    (1) The Captain of the Port New Orleans means the Commander, Coast 
Guard Sector New Orleans.
    (2) Damaged barge means a barge requiring salvage operations.
    (c) Regulations.
    (1) Salvage operations may not begin on any Coast Guard inspected 
barge located within a safety zone established by paragraph (a) of this 
section until the Captain of the Port New Orleans, or his designee, has 
approved a salvage plan for that barge.
    (2) Salvage operations may not begin on any uninspected barge 
located within a safety zone established by paragraph (a) of this 
section that is affecting waterway traffic until the Captain of the 
Port New Orleans, or his designee, has approved a salvage plan for that 
barge.
    (3) The Captain of the Port New Orleans, or his designee, must 
approve a salvage plan for any barge located within a safety zone 
established by paragraph (a) of this section when salvage operations on 
that barge will affect waterway traffic.
    (4) The salvage plan shall provide the information contained in the 
Brownwater Salvage Checklist. To receive the checklist, contact the 
Coast Guard Incident Command Post (ICP) in Alexandria, Virginia:
    (i) Via phone at: (318) 443-2084, (318) 448-5351, or (318) 443-
0651;
    (ii) Via fax at: (318) 443-2573; or
    (iii) Via e-mail at: [email protected].
    (5) The Captain of the Port New Orleans, or his designee, must be 
notified when salvage operations commence and are completed on 
uninspected barges located within a safety zone established by 
paragraph (a) of this section but not affecting the navigation channel 
or vessel traffic.
    (d) The salvage plan required in paragraph (c) above should be 
faxed to Coast Guard Incident Command Post (ICP) in Alexandria, LA at 
(318) 443-2573, Attention: Salvage Group. You may contact the Salvage 
Operations Department at the ICP at (318) 443-2084, (318) 448-5351, or 
(318) 443-0651 for more information.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State and local agencies.
    (f) Effective period. This section is effective from September 19, 
2005 through December 31, 2005.

    Dated: September 19, 2005.
Steve Venckus,
Chief, Office of Regulations & Administrative Law, Office of the Judge 
Advocate General, United States Coast Guard.
[FR Doc. 05-18966 Filed 9-19-05; 1:18 pm]
BILLING CODE 4910-15-P
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