Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 32275 

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 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation since 

implementation of this action will not 

result in any significant cumulative 

impacts on the human environment; 

does not involve a substantial change to 

existing environmental conditions; and 

is consistent with Federal, State, and/or 

local laws or administrative 

determinations relating to the 

environment. This rule involves 

establishing a safety zone. 

Pursuant to paragraph (34)(g) of the 

Instruction, an environmental checklist 

and a categorical exclusion checklist are 

available in the docket indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 147 

Continental shelf, Marine safety, 

Navigation (water). 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 147 as follows: 

PART 147—SAFETY ZONES 

■ 1. The authority citation for part 147 

continues to read as follows: 

Authority: 14 U.S.C. 85; 43 U.S.C. 1333; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Add § 147.T08–849 to read as 

follows: 

§ 147.T08–849 DEEPWATER HORIZON 

Mobile Offshore Drilling Unit Safety Zone. 

(a) Location. All areas within 500 

meters (1640.4 feet) around the position 

of the riser at 28–44–18N and 088–21– 

54W are part of a safety zone. This area 

surrounds the DEEPWATER HORIZON, 

a Mobile Offshore Drilling Unit 

(MODU), that sank in the deepwater 

area of the Gulf of Mexico near 

Mississippi Canyon 252. The riser, 

which is attached to the seabed of the 

Outer Continental Shelf, is still in place 

and discharging oil. 

(b) Regulation. No vessel may enter or 

remain in this safety zone except the 

following: 

(1) An attending or first response 

vessel; or 

(2) A vessel authorized by the 

Commander, Eighth Coast Guard 

District or a designated representative. 

Dated: May 24, 2010. 

J.E. Tunstall, 

Captain, U.S. Coast Guard, Commander, 

Eighth Coast Guard District, Acting. 

[FR Doc. 2010–13644 Filed 6–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0139] 

RIN 1625–AA11 

Regulated Navigation Area; Gulf 

Intracoastal Waterway, Inner Harbor 

Navigation Canal, Harvey Canal, 

Algiers Canal, New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) to prohibit all vessels from being 

within the Inner Harbor Navigation 

Canal (IHNC), Harvey Canal, and Algiers 

Canal during severe hurricane 

conditions. Vessels will not be 

permitted to stay in the RNA past 24 

hours in advance of and through the 

storm passage, except those vessels 

moored pursuant to mooring plans 

approved by the Captain of the Port. 

Alternate routes exist for vessels to 

transit around or depart from the RNA. 

This RNA is needed to protect the 

floodwalls, levees, and adjacent 

communities within the IHNC, Harvey, 

and Algiers Canals from potential 

hazards associated with vessels being in 

this area during a hurricane. 

DATES: This interim rule is effective in 

the CFR on June 8, 2010. This rule is 

effective with actual notice for purposes 

of enforcement on May 21, 2010. 

Comments and related material must be 

received by the Coast Guard on or before 

July 8, 2010. Requests for public 

meetings must be received by the Coast 

Guard on or before June 18, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0139 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail Lieutenant Commander 

(LCDR) Marty Daniels, Coast Guard; 

telephone 504–565–5044, e-mail 

William.M.Daniels@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http://

www.regulations.gov and will include 


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32276 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0139), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http://

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2009–0139’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

0139’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before 10 days after date 

of publication in the Federal Register, 

using one of the four methods specified 

under ADDRESSES. Please explain why 

you believe a public meeting would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Regulatory Information 

On 14 May, 2009 we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Regulated Navigation Area; 

Gulf Intracoastal Waterway, Inner 

Harbor Navigation Canal, New Orleans, 

LA’’ in the Federal Register (74 FR 

22722). No public hearings were held. 

We received 7 comments on the 

proposed 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. A 30 day delay would be 

contrary to the public interest in 

avoiding floodwall or levee damage, and 

resulting flooding, in the event of a 

hurricane or other storm surge. The 

interim rule establishes a regulated 

navigation area that would be enforced 

only in the relatively infrequent event of 

such conditions. The hurricane season 

begins on June 1 of each year and a 30 

day delay would leave the New Orleans 

area unprotected by this RNA for the 

first portion of the 2010 hurricane 

season. 

Basis and Purpose 

The legal basis for this interim rule is 

the Coast Guard’s authority to establish 

regulated navigation areas under 33 CFR 

part 165 and the statutes and delegation 

cited therein. The purpose of this 

interim rule is to establish an RNA to 

protect floodwalls and levees in the 

New Orleans area from possible storm 

surge damage from moored barges and 

vessels, and to avoid damaging flooding 

in the New Orleans area that could 

result from any resulting damage to 

floodwalls and levees. We request 

public comments on this interim rule 

and will amend or rescind it if public 

comments indicate a need to do so. 

Moreover, we intend to reevaluate the 

need for the RNA established by this 

interim rule, upon completion of the 

U.S. Army Corps of Engineers Gulf 

Intracoastal Waterway Surge Barrier 

project and the West Closure Complex 

project, both scheduled for completion 

by June 1, 2011. 

During Hurricanes Katrina and 

Gustav, multiple barges and vessels 

were moored next to or nearby 

floodwalls and levees surrounding the 

City of New Orleans. During Hurricane 

Gustav, several vessels broke free in the 

Inner Harbor Navigation Canal and 

nearly damaged the Almonaster Street 

Bridge. If the storm surge had been 

higher, they might have struck and 

damaged nearby floodwalls, re-creating 

the flooding of New Orleans that 

followed Katrina. As a result, following 

the 2008 hurricane season, the State of 

Louisiana requested that the Coast 

Guard prohibit vessels from the IHNC, 

in New Orleans. Subsequent to this 

request, the Coast Guard determined 

that certain regions in the New Orleans 

area are at risk of flooding from vessels 

which might break free during a storm 

and damage floodwalls and levees. This 

interim rule attempts to respond to 

these perceived risks. 

Discussion of Comments and Changes 

We received 7 comments in response 

to our NPRM. Some of these were 

received late but all late comments were 

reviewed and considered. 

One commenter expressed three 

concerns with the NPRM’s proposed 

RNA: (1) It could eliminate a safe haven 

for over 100 barges that currently take 

refuge in the proposed restricted area 

during hurricane conditions; (2) it did 

not adequately address waivers; and (3) 

it did not address when it would 

terminate. The commenter also made 

two requests of the Coast Guard: (1) To 

identify alternate locations for vessels to 

moor during hurricanes to mitigate the 

risk from barges breaking away and 

causing damage; and (2) to establish a 

Command Center with the U.S. Army 

Corps of Engineers (USACE) and area 

stakeholders to identify the locking 

priority of USACE equipment located in 

the RNA before it takes effect. 

There are many other waterways 

throughout the Eighth District in which 

vessels can travel and moor. The Coast 

Guard does not feel that a specific safe 


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haven needs to be identified. The 

interim rule allows vessels applying for 

a waiver to stay in the RNA pending 

approval of the waiver by the Captain of 

the Port, New Orleans (COTP). 

With regard to termination of the 

RNA, the need for the RNA will be 

reevaluated upon completion of the U.S. 

Army Corps of Engineers’ (USACE) Gulf 

Intracoastal Waterway Surge Barrier and 

West Closure Complex projects, which 

is anticipated by June 1, 2011. Since the 

publication of the NPRM, the USACE 

equipment located in the RNA has been 

reduced by 75% and the Coast Guard 

does not feel that a Command Center is 

needed to address this issue any longer. 

We will continue to cooperate with the 

maritime industry to ensure an efficient 

locking process is in place based on 

Joint Hurricane Team Protocols. 

One commenter requested that the 

Algiers Canal be included in the RNA 

due to the potential for flooding of the 

New Orleans west bank area if a 

breakaway vessel caused a breach of the 

canal levees. The Coast Guard agrees 

and has added the Algiers Canal, from 

the Algiers Lock to the intersection of 

the Algiers Canal and the Harvey Canal, 

in this interim rule. 

One commenter suggested that a 

contingency plan be developed for 

vessels that are prevented from 

departing the Inner Harbor Navigation 

Canal, due to a bridge or lock 

malfunction, prior to experiencing 

severe hurricane conditions. The Coast 

Guard agrees and this interim rule 

provides ways to request a waiver from 

the COTP if a vessel is prevented from 

departure due to a bridge or lock 

malfunction. 

One commenter conveyed that the 

Harvey and Algiers Canals have 

traditionally been safe havens for 

vessels escaping the weather and water 

fluctuations on the Mississippi River. 

Concern was also expressed for the 

volume of equipment that would have 

to be evacuated from the Harvey Canal. 

The Coast Guard understands that the 

Harvey and Algiers Canals have been 

used as safe havens and considered this 

when drafting this interim rule. The 

interim rule addresses this concern by 

allowing vessels to stay in the RNA if 

they have mooring plans approved by 

the COTP. Concerns regarding the 

evacuation of equipment are largely 

resolved with the reduction of USACE 

construction equipment by 75% since 

last year. Vessel and equipment 

congestion transiting through these 

areas will continue to be tempered as 

time progresses. Additionally, some 

congestion during evacuation will be 

relieved by the interim rule’s waiver 

options; vessels with waivers will not be 

required to depart. 

One commenter was concerned about 

the lack of tugs and personnel available 

to move equipment, the amount of time 

it would take to move equipment, and 

the congestion that would result from 

moving equipment out of the RNA. 

Additionally, the commenter was 

concerned about the inclusion of the 

Algiers Canal in the RNA due to the 

protection it affords vessels and 

equipment in the canal, and the 

vulnerability that would be created for 

the equipment and vessels by requiring 

evacuation of this area. The concerns 

regarding the equipment have been 

resolved by the 75% reduction in 

construction traffic in the regulated 

areas throughout the past year, and the 

Coast Guard believes that there will be 

a significant number of vessels and 

facilities which could have approved 

mooring plans. Therefore, with the 

reduced number of vessels that would 

need to be evacuated, the Coast Guard 

feels that the availability of tugs and 

personnel would be sufficient to move 

the equipment remaining in the RNA in 

the given amount of time. The Coast 

Guard notes the concern regarding 

inclusion of the Algiers Canal but feels 

that it needs to be included as a RNA. 

Concerns regarding the congestion that 

would result from moving equipment 

out of the RNA are reduced with the 

lower level of construction activity and 

the anticipated number of vessels with 

approved mooring plans. 

One commenter requested that the 

Coast Guard conduct outreach efforts to 

provide companies with adequate notice 

about the rule. The commenter also 

requested that the RNA be implemented 

as a temporary measure to address the 

possibility of vessel breakaways until 

the new West Closure Complex flood 

protection system is constructed just 

west of the RNA. The concern regarding 

outreach has been addressed; the Coast 

Guard has and will continue to conduct 

outreach efforts to provide adequate 

notice for this rule. With the publication 

of this interim rule, the public has a 

second opportunity to provide 

comments on the RNA. The Coast Guard 

agrees with the reevaluation of the need 

for the RNA upon the completion of the 

West Closure Complex. This interim 

rule will be reevaluated upon 

completion of the USACE Gulf 

Intracoastal Waterway Surge Barrier 

project and the West Closure Complex 

project, both scheduled for completion 

by June 1, 2011. 

Jefferson Parish officials called a 

public meeting to learn more about the 

issues after some of their constituents 

received COTP orders informing them 

that they were not able to remain in 

their current location in the event of a 

hurricane during the 2009 season. 

Vessel and facility operators were 

ordered to immediately remove vessels 

and any other objects that might break 

free and cause damage, in anticipation 

of the imminent arrival of a hurricane. 

The COTP issued these orders as a 

result of previous events that occurred 

during the landfall of Hurricane Gustav, 

which made it clear to the COTP that 

preemptive measures must be taken to 

prevent damage to or destruction of 

bridges, floodwalls, and other structures 

on, in, or adjacent to the navigable 

waters on the IHNC. The COTP attended 

this meeting on August 13, 2009. A 

synopsis of this meeting can be found 

on the public docket. Based on 

comments received from the public at 

the meeting, we included in this interim 

rule the opportunity for vessels to 

request waivers to remain in the RNA. 

Discussion of Rule 

Under the interim rule, all vessels are 

prohibited from being within the Inner 

Harbor Navigation Canal, Harvey Canal, 

and Algiers Canal during severe 

hurricane conditions. Those conditions 

include: 

(1) Predicted winds of 74 miles per 

hour (mph) or more and/or a predicted 

storm surge of 8 feet or more for the 

Inner Harbor Navigation Canal; 

(2) Predicted winds of 111 mph or 

more and/or a predicted storm surge of 

10.5 feet or more for the Harvey and 

Algiers Canals through post storm 

landfall, or other hurricane or tropical 

storm conditions as determined by the 

Captain of the Port; or 

(3) Other hurricane or tropical storm 

conditions expected to inflict significant 

damage to low lying and vulnerable 

shoreline areas, as determined by the 

COTP through National Weather 

Service/Hurricane Center weather 

predictions. 

The affected areas include: 

(1) The Inner Harbor Navigation Canal 

from Mile Marker 22 (West of Chef 

Menteur Pass) on the Gulf Intracoastal 

Waterway, west through the Gulf 

Intracoastal Waterway and the Inner 

Harbor Navigation Canal, out to Lake 

Ponchartrain and to the Mississippi 

River in New Orleans, LA; 

(2) The Harvey Canal, between the 

Lapalco Boulevard Bridge and the 

intersection of the Harvey Canal and the 

Algiers Canal; and 

(3) The Algiers Canal, from the 

Algiers Lock to the intersection of the 

Algiers Canal and the Harvey Canal. 

Vessels will not be permitted to stay 

in these areas past 24 hours in advance 

of and through the storm passage, 


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32278 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 

except with a mooring plan approved by 

the Captain of the Port. In the event that 

a particularly dangerous storm is 

predicted to have winds and/or storm 

surge which significantly exceeds the 

conditions outlined above, the Captain 

of the Port could implement the 

provisions of this regulated navigation 

area 72 hours in advance of the above 

stated conditions. 

The surge levels of concern were 

determined to be at 8 feet for the IHNC 

and 10.5 feet for the Algiers and Harvey 

Canals respectively through 

collaboration between the U.S. Coast 

Guard, the National Weather Service 

(NWS), the National Oceanic and 

Atmospheric Administration (NOAA), 

and the U.S. Army Corps of Engineers 

(USACE). Currently, in the Harvey and 

Algiers Canals, a surge of 10.5 feet is 

required for vessels to reach and cause 

damage to floodwalls and levees. A 

surge of 8 feet is required to overtop 

portions of the Gulf Intracoastal 

Waterway floodgate, which will be 

protecting the IHNC from storm surge 

beginning in May 2010. 

The need for the RNA will be 

reevaluated upon completion of the U.S. 

Army Corps of Engineers’ Gulf 

Intracoastal Waterway Surge Barrier 

project and the West Closure Complex. 

Both are scheduled to be completed by 

June 1, 2011. The surge barriers are 

designed to reduce the risk of storm 

damage to some of the area’s most 

vulnerable areas—New Orleans East, 

metro New Orleans, the 9th Ward, St. 

Bernard Parish, Gretna, and Algiers. 

These projects aim to protect these areas 

from storm surge coming from the Gulf 

of Mexico via adjacent bodies of water. 

This interim rule provides the necessary 

measures to protect the port 

infrastructure until these projects are 

completed. We intend to reevaluate 

these measures at that time. Under the 

interim rule, the COTP could impose 

measures, such as requirements for 

additional standby vessels, in addition 

to the barge mooring regulations in 33 

CFR 165.803. Transient vessels (such as 

vessels from Houma, Fourchon, Lafitte, 

etc.) will only be permitted to seek safe 

haven in these areas during a hurricane 

if they have a prearranged agreement 

with a facility in the RNA, or a COTPapproved waiver for sheltering in place. 

Alternate routes exist for vessels to 

transit around or depart from the areas 

affected by this interim rule. 

We do not anticipate that this interim 

rule would need to be enforced very 

often. Historically, it would have been 

implemented only three times over the 

past five year period: For Hurricanes 

Cindy, Katrina, and Gustav. 

Regulatory Analyses 

We developed this interim rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review. This interim rule 

intends to regulate only during specified 

time periods and based on comments 

received and addressed and anticipated 

approved mooring plans, this interim 

rule will not reach the level of a 

significant regulatory action, requiring 

no assessment of potential costs and 

benefits under section 6(a)(3) of the 

Executive Order. The Office of 

Management and Budget has not 

reviewed it under that Order. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this interim 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. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this interim rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This interim rule would affect 

the following entities, some of which 

might be small entities: The owners or 

operators of vessels intending to transit 

or anchor in the defined area effective 

in advance implementation of the 

measures of this interim rule. Small 

entities have the option of sheltering in 

place during tropical cyclone activity by 

submitting, and having approved, a 

mooring plan that explains how the 

small entity intends to ensure safe 

conditions on the navigable waterways 

during a hurricane. In addition, 

alternate routes for vessel traffic exist 

for transit around or departure from the 

area before the Regulated Navigation 

Area goes into effect. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this interim rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Collection of Information 

This interim rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

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 interim 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. 

Though this interim rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This interim rule would not cause 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 interim 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 interim rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This interim rule is not an 

economically significant rule and would 

not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This interim rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 


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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 interim 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 interim rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this interim rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This interim rule involves 

establishing a regulated navigation area 

in the Inner Harbor Navigation Canal 

(IHNC), Harvey Canal and Algiers Canal 

which is categorically excluded under 

figure 2–1, paragraph (34)(g) of the 

Instruction. An environmental analysis 

checklist supporting this determination 

is available in the docket where 

indicated under ADDRESSES. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this interim 

rule. 

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 as follows: 

Authority: 33 U.S.C. 1226, 46 U.S.C. 

Chapter 701, 3306, 3703, 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.838 to read as follows: 

§ 165.838 Regulated Navigation Area; New 

Orleans Area of Responsibility, New 

Orleans, LA 

(a) Regulated Navigation Area. The 

following is a regulated navigation area 

(RNA): 

(1) The Inner Harbor Navigation Canal 

(IHNC) from Mile Marker 22 (west of 

Chef Menteur Pass) on the Gulf 

Intracoastal Waterway, west through the 

Gulf Intracoastal Waterway and the 

Inner Harbor Navigation Canal, out to 

Lake Ponchartrain and to the 

Mississippi River in New Orleans, LA; 

(2) The Harvey Canal, between the 

Lapalco Boulevard Bridge and the 

intersection of the Harvey Canal and the 

Algiers Canal of the Intracoastal 

Waterway; and 

(3) The Algiers Canal, from the 

Algiers Lock to the intersection of the 

Algiers Canal and the Harvey Canal. 

(b) Definitions. As used in this 

section: 

COTP means the Captain of the Port, 

New Orleans; and 

Floating vessel means any floating 

vessel to which the Ports and 

Waterways Safety Act, 33 U.S.C. 1221 et 

seq., applies. 

(c) Enforcement. (1) The provisions of 

this paragraph (c) will be enforced only 

24 hours in advance of, and during the 

duration of, any of the following 

predicted weather conditions: 

(i) Predicted winds of 74 miles per 

hour (mph) or more or a predicted storm 

surge of 8 feet or more for the Inner 

Harbor Navigation Canal; 

(ii) Predicted winds of 111 mph or 

more and/or a predicted storm surge of 

10.5 feet or more for the Harvey or 

Algiers Canals through post storm 

landfall, or other hurricane or tropical 

storm conditions as determined by the 

COTP; or 

(iii) Other hurricane or tropical storm 

conditions expected to inflict significant 

damage to low lying and vulnerable 

shoreline areas, as determined by the 

COTP through National Weather 

Service/Hurricane Center weather 

predictions. 

(2) In the event that a particularly 

dangerous storm is predicted to have 

winds or storm surge significantly 

exceeding the conditions specified in 

paragraphs (c)(1)(i) through (c)(1)(iii) of 

this section, the COTP may begin 

enforcement 72 hours in advance of the 

predicted conditions. 

(3) During enforcement: 

(i) All floating vessels are prohibited 

from entering or remaining in the RNA 

except pending approval of a waiver 

request made in accordance with 

paragraph (d) of this section or as 

authorized by a waiver approved by the 

COTP in accordance with paragraph (d); 

(ii) Transient vessels will not be 

permitted to seek safe haven in the RNA 

except in accordance with a prearranged 

agreement between the vessel and a 

facility within the RNA, or as 

authorized by a waiver approved by the 

COTP in accordance with paragraph (d) 

of this section. 

(4) The COTP will announce 

enforcement periods through Marine 

Safety Information Bulletins and Safety 

Broadcast Notices to Mariners. 

(d) Waivers. (1) Upon request of the 

vessel owner or operator, the COTP may 

waive any provision of paragraph (c) of 

this section, if the COTP finds that the 

vessel’s proposed operation can be 

conducted safely under the terms of that 

waiver. 

(2) A request for waiver must be in 

writing, except as provided by 

paragraph (d)(3) of this section, and 

must describe or provide: 

(i) The reason for requesting the 

waiver; 

(ii) The vessel’s current operations; 

(iii) The name of any intended 

mooring facility, the specific mooring 

location within that facility, and a list 

of vessels routinely engaged in business 

at that facility; 

(iv) The vessel’s proposed operation 

during the RNA enforcement period, 

including intended mooring 

arrangements that comply with 33 CFR 

165.803 and the mooring facility’s 

equipment for supporting those 

arrangements; and 

(v) Contact information for the vessel 

owner or operator during the RNA 

enforcement period. 


srobinson on DSKHWCL6B1PROD with RULES
32280 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Rules and Regulations 

(3) Under unusual circumstances due 

to time constraints, such as the 

malfunction of a bridge or lock within 

the RNA, the person in charge of a 

vessel may orally request an immediate 

waiver from the COTP, but the vessel 

owner or operator must send written 

confirmation of the request, containing 

the information required by paragraph 

(d)(2) of this section, to the COTP 

within five days of the oral request. 

(4) The COTP may condition approval 

of a waiver request on the vessel 

owner’s or operator’s taking measures 

additional to those proposed in the 

waiver request, and may terminate a 

waiver at any time, if the COTP deems 

it necessary to provide safety. 

(e) Penalties. Failure to comply with 

this section may result in civil or 

criminal penalties pursuant to the Ports 

and Waterways Safety Act, 33 U.S.C. 

1221 et seq. 

(f) Notice of enforcement. The COTP 

will notify the maritime community of 

periods during which this regulated 

navigation area will be enforced by 

providing advance notice through a 

Marine Safety Information Bulletin and 

Safety Broadcast Notice to Mariners. 

Dated: May 24, 2010. 

J.E. Tunstall, 

Captain, U.S. Coast Guard, Commander, 

Eighth Coast Guard District, Acting. 

[FR Doc. 2010–13641 Filed 6–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0315] 

RIN 1625–AA00 

Safety Zones; Marine Events Within 

the Captain of the Port Sector Northern 

New England Area of Responsibility, 

July Through September 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing 51 safety zones for marine 

events within the Captain of the Port 

Sector Northern New England area of 

responsibility for regattas, swim events, 

power boat races, row and paddle boat 

races, parades, and firework displays. 

This action is necessary to provide for 

the safety of life on navigable waters 

during the events. Entry into, transit 

through, mooring or anchoring within 

these zones is prohibited unless 

authorized by the Captain of the Port 

Sector Northern New England. 

DATES: This rule is effective in the CFR 

on June 8, 2010 through 11:59 p.m. on 

September 29, 2010. This rule is 

effective with actual notice for purposes 

of enforcement beginning at 8 p.m. on 

July 3, 2010. Comments and related 

material must reach the Coast Guard on 

or before July 23, 2010. Requests for 

public meetings must be received by the 

Coast Guard on or before June 29, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0315 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Documents indicated in this preamble 

as being available in the docket are part 

of docket USCG–2010–0315 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0176 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ They are also 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail Lieutenant Junior Grade 

Laura van der Pol, Waterways 

Management Division at Coast Guard 

Sector Northern New England, 

telephone 207–741–5421, e-mail 

Laura.K.vanderPol1@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

As this temporary interim rule will be 

in effect before the end of the comment 

period, the Coast Guard will evaluate 

and revise this rule as necessary to 

address significant public comments. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0315), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0315’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 


srobinson on DSKHWCL6B1PROD with RULES