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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Rules and Regulations
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 165REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS

Docket Number USCG20210784

1. The authority citation for part 165
continues to read as follows:

RIN 1625AA11

Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 0170.1, Revision No. 01.2.

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a Location. The following area is a safety zone: All navigable waters within a 200 yard radius of the deck barge at position 30 2352.4 N, 90 0914.48 W
on the Tchefuncte River, Madisonville, LA.
b Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sector New Orleans COTP in the enforcement of the safety zone.
c Regulations. 1 Under the general safety zone regulations in subpart C of this part, persons and vessels may not enter the safety zone described in paragraph a of this section unless authorized by the COTP or the COTPs designated representative.
2 To seek permission to enter, contact the COTP or the COTPs representative by VHFFM radio channels 16 or 67. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP
or the COTPs designated representative.
d Enforcement period. This section will be enforced from 9 p.m. through 10
p.m. on December 4, 2021.
e Information broadcasts. The COTP
or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners BNMs, Local Notices to Mariners LNMs, and/or Marine Safety Information Broadcasts MSIBs as appropriate.

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Coast Guard, DHS.
Temporary final rule.

AGENCY:

The Coast Guard is establishing a temporary safety zone for the oil pipeline repair operations in the vicinity of a damaged pipeline, off the coast of Orange County and near San Pedro Bay, CA. The safety zone is necessary to reduce significant hazards to vessels, the harbor, and the public during ongoing pipeline repair and oil recovery operations. Entry of persons or vessels into this temporary safety zone is prohibited unless specifically authorized by the Captain of the Port, Los AngelesLong Beach, or her designated representative.
DATES: This rule is effective without actual notice from December 3, 2021
11:59 p.m. on December 8, 2021. For purposes of enforcement, actual notice will be used from 12:00 a.m. on November 24, 2021 until December 3, 2021.
SUMMARY:

165.T080808 Safety Zone; Tchefuncte River, Madisonville, LA.

FR Doc. 202126309 Filed 12221; 8:45 am
Safety Zone; Oil Pipeline Repairs; San Pedro Bay, CA
ACTION:

2. Add 165.T080808 to read as follows:

Dated: November 29, 2021
W.E. Watson, Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.

33 CFR Part 165

To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov, type USCG2021
0784 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 LCDR Maria Wiener, Waterways Management, U.S. Coast Guard Sector Los AngelesLong Beach; telephone 310 3571603, email Maria.C.Wiener@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

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 4a of the
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Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking NPRM
with respect to this rule to ensure the safety of response personnel and mariners during repairs of the damaged pipeline, as well as the potential oil recovery of said pipeline. It is impracticable to publish an NPRM, because we must establish this safety zone by November 24, 2021, due to immediate action needed to minimize potential danger to the public during oil recovery operations for the discharge of oil from pipeline.
Under 5 U.S.C. 553d3, 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 contrary to public interest because immediate action is needed to respond to the potential safety hazards associated with the pipeline repair operations for the damaged pipeline.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034
previously 33 U.S.C. 1231. The Captain of the Port COTP, Los AngelesLong Beach has determined that potential hazards associated with the pipeline repair and potential oil recovery operations in the vicinity of the damaged pipeline will be a safety concern for anyone within the following coordinates: 3339.320 N, 11806.851
W; 3339.141 N, 11806.247 W;
3338.632 N, 11806.453 W; 3338.809
N, 11807.064 W. This rule is necessary to safeguard the public during repair operations in response to an emergency situation; it would be impracticable for the Coast Guard to provide a public comment period on the rule.
IV. Discussion of the Rule This rule establishes a safety zone that will be enforced November 24, 2021
through December 8, 2021. The safety zone will encompass all navigable waters from the surface to the sea floor in an area bound by the following coordinates: 3339.320 N, 11806.851
W; 3339.141 N, 11806.247 W;
3338.632 N, 11806.453 W; 3338.809
N, 11807.064 W. No vessel or person will be permitted to enter the safety zone without obtaining permission from
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