6178 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 

safety and health, so the state program 

could eventually be approved as a State 

and Local Government Only State Plan. 

Since 1971 the Maine program for 

public employers has been in operation 

under the Maine Department of Labor 

with state funding and all state and 

local government employers in the state 

have been subject to its terms. 

Compliance with state OSHA standards 

is required by state law; Federal 

approval of a State Plan imposes 

regulatory requirements only on the 

agency responsible for administering the 

State Plan. Accordingly, no new 

obligations would be placed on public 

sector employers as a result of Federal 

approval of the Plan. 

D. Federalism 

Executive Order 13132, ‘‘Federalism,’’ 

emphasizes consultation between 

Federal agencies and the states and 

establishes specific review procedures 

the Federal Government must follow as 

it carries out policies that affect state or 

local governments. OSHA has consulted 

extensively with Maine throughout the 

development, submission and 

consideration of its State Plan. Although 

OSHA has determined that the 

requirements and consultation 

procedures provided in Executive Order 

13132 are not applicable to initial 

approval decisions under the OSH Act, 

which have no effect outside the 

particular state receiving the approval, 

OSHA has reviewed this final rule, and 

believes it is consistent with the 

principles and criteria set forth in the 

Executive Order. 

E. Administrative Procedures 

This Federal Register document is 

designated a ‘‘final rule.’’ That 

designation is necessary because OSHA 

publishes a description of every state 

plan in 29 CFR part 1952. Because they 

are set forth in the Code of Federal 

Regulations, these descriptions can be 

added or updated only by publishing a 

‘‘final rule’’ document in the final rules 

section of the Federal Register. Such 

rules do not contain any new Federal 

regulatory requirements, but merely 

provide public information about the 

state plan. 

Today’s action is solely a 

formalization of the initial approval of 

the Maine State Plan, which was 

granted on August 5, 2015 (80 FR 

46487). 

List of Subjects in 29 CFR Part 1952 

Intergovernmental relations, Law 

enforcement, Occupational safety and 

health. 

Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Ave. NW., Washington, DC, authorized 

the preparation of this notice. OSHA is 

issuing this notice under the authority 

specified by Section 18 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 667), Secretary of 

Labor’s Order No. 1–2012 (77 FR 3912), 

and 29 CFR parts 1902 and 1956. 

Signed in Washington, DC, on January 29, 

2016. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Amendments to Regulation 

For the reasons set forth in the 

preamble of this final rule, 29 CFR part 

1952 is amended as set forth below. 

PART 1952—APPROVED STATE 

PLANS FOR ENFORCEMENT OF 

STATE STANDARDS 

■ 1. The authority citation for part 1952 

continues to read as follows: 

Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 

667); 29 CFR part 1902; Secretary of Labor’s 

Order No. 1–2012 (77 FR 3912, Jan. 25, 2012). 

Subpart B—List of Approved State 

Plans for State and Local Government 

Employees 

■ 2. Add § 1952.28 to read as follows: 

§ 1952.28 Maine. 

(a) The Maine State Plan for State and 

local government employees received 

initial approval from the Assistant 

Secretary on August 5, 2015. 

(b) The Plan further provides 

assurances of a fully trained, adequate 

staff within three years of plan approval, 

including 2 safety and 1 health 

compliance officers for enforcement 

inspections, and 3 safety and 1 health 

consultants to perform consultation 

services in the public sector. The State 

has assured that it will continue to 

provide a sufficient number of 

adequately trained and qualified 

personnel necessary for the enforcement 

of standards as required by 29 CFR 

1956.10. The State has also given 

satisfactory assurance of adequate 

funding to support the Plan. 

(c) The plan only covers State and 

local government employers and 

employees within the State. For 

additional details about the plan, please 

visit https://www.osha.gov/dcsp/osp/

stateprogs/maine.html. 

[FR Doc. 2016–02069 Filed 2–4–16; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0046] 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, South 

Branch of the Elizabeth River, 

Portsmouth-Chesapeake, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Norfolk and 

Western railroad bridge (Norfolk 

Southern V6.8 Bridge) across the South 

Branch of the Elizabeth River, mile 3.6, 

at Portsmouth-Chesapeake, VA. The 

deviation is necessary to perform bridge 

maintenance and repairs. This deviation 

allows the bridge to remain in the 

closed-to-navigation position. 

DATES: This deviation is effective from 

7 a.m. on February 5, 2016 to 7 p.m. on 

February 7, 2016. 

ADDRESSES: The docket for this 

deviation [USCG–2016–0046] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Hal R. Pitts, 

Bridge Administration Branch Fifth 

District, Coast Guard, telephone 757– 

398–6222, email Hal.R.Pitts@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Norfolk Southern Corporation, that 

owns and operates the Norfolk and 

Western railroad bridge (Norfolk 

Southern V6.8 Bridge), has requested a 

temporary deviation from the current 

operating regulations to install new 

festoon systems between the bridge 

towers. The bridge is a vertical lift draw 

bridge and has a vertical clearance in 

the closed position of 10 feet above 

mean high water. 

The current operating schedule is set 

out in 33 CFR 117.997(b). Under this 

temporary deviation, the bridge will 

remain in the closed-to-navigation 

position from 7 a.m. to 7 p.m. from 

February 5, 2016 through February 7, 

2016. During this temporary deviation, 

the bridge will operate per 33 CFR 

117.997(b) from 7 p.m. to 7 a.m. 

The South Branch of the Elizabeth 

River is used by a variety of vessels 

including deep draft ocean-going 


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Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6179 

vessels, U.S. government vessels, small 

commercial vessels, recreational vessels 

and tug and barge traffic. The Coast 

Guard has carefully coordinated the 

restrictions with waterway users. 

There will be limited opportunity for 

vessels to transit through the bridge in 

the closed position during this 

temporary deviation. Vessels able to 

pass through the bridge in the closed 

position may do so after receiving 

confirmation from the bridge tender that 

it is safe to transit through the bridge. 

The bridge will not be able to open for 

emergencies and there is no immediate 

alternate route for vessels to pass. The 

Coast Guard will also inform the users 

of the waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridge so that vessel operators can 

arrange their transit to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: January 28, 2016. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2016–02100 Filed 2–4–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–1125] 

RIN 1625–AA00 

Safety Zone; Bayou Petite Caillou, 

Boudreaux Canal Floodgate; Chauvin, 

LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

all navigable waters within a 750 foot 

radius around the center of the 

Boudreaux Canal Flood Gates in 

Chauvin, LA. This safety zone is 

necessary to protect persons, property, 

and infrastructure from potential 

damage and safety hazards associated 

with repair work on the Boudreaux 

Canal Sector Flood Gates located on 

Bayou Petite Caillou. During the periods 

of enforcement, entry into and transiting 

or anchoring within this safety zone is 

prohibited unless specifically 

authorized by Captain of the Port 

(COTP) Morgan City or other designated 

representative. 

DATES: This rule is effective without 

actual notice from February 5, 2016 

until February 27, 2016. For the 

purposes of enforcement, actual notice 

will be used from January 6, 2016 until 

February 5, 2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2015– 

1125 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Vanessa 

Taylor, Chief of Waterways 

Management, U.S. Coast Guard MSU 

Morgan City 800 David Dr., Morgan 

City, LA 70380; telephone (985) 380– 

5334, email Vanessa.R.Taylor@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ 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 repair 

work on the Boudreaux Canal Sector 

Flood Gates located on Bayou Petite 

Caillou needs to be completed before 

marine traffic increases during the 

extremely high traffic periods of the 

upcoming shrimping season. The Coast 

Guard received notice of the need for 

this repair December 16, 2015. Repair 

work pushed to any later date will 

unnecessarily create major traffic 

delays. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by January 6, 2016.We are 

issuing this rule, and under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making it effective 

less than 30 days after publication in the 

Federal Register. Delaying the effective 

date of this rule would be contrary to 

public interest because immediate 

action is needed to provide additional 

safety measure during the repair work 

so that it may be completed before the 

high traffic periods during the 

upcoming shrimping season. 

III. Legal Authority and Need for Rule 

The legal basis and authorities for this 

rule are found in 33 U.S.C. 1231. 

The purpose of the rule is to establish 

the necessary temporary safety zone to 

provide protection for persons and 

property from the hazards associated 

with the repairs. This includes 

commercial and recreational vessels that 

may be in the area during the repair, 

removal and re-installation of the 

Boudreaux Canal Flood Gates. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from January 6, 2016 through January 

15, 2016 and from February 18, 2016 

through February 27, 2016. The safety 

zone will cover all navigable waters 

within a 750 foot radius around 

coordinate 29°23.117 N., 90°37.038 W. 

which is located in center of the 

Boudreaux Canal Flood Gates. This 

safety zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

while the inspection, repair, removal, 

and re-installation of flood gates occurs. 

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 (E.O.s) related to 

rulemaking. Below we summarize our 

analyses based on a number of these 

statutes and E.O.s, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

E.O.s 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. E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under E.O. 12866. Accordingly, 


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