80 FR 63923 - Safety Zone; Mississippi River Between Mile 467.0 and 472.0; Transylvania, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range		63923-63926
FR Document		2015-26958

The Coast Guard is establishing an emergency temporary safety zone for all waters of the Lower Mississippi River between mile 467.0 and 472.0. Transit into and through this area is prohibited beginning at 11:32 p.m. on September 10, 2015 and will continue through October 31, 2015 or until the width and depth of the navigational channel improves. This safety zone is needed to protect persons, property and infrastructure from the safety hazards associated with the navigational channel being reduced in width and depth due to shallow water and shifting shoals. This has created an especially hazardous situation that does not allow for normal transit through this reach of the river. Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Lower Mississippi River or a designated representative.

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)

[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63923-63926]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26958]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0893]
RIN 1625-AA00


Safety Zone; Mississippi River Between Mile 467.0 and 472.0; 
Transylvania, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 63924]]

SUMMARY: The Coast Guard is establishing an emergency temporary safety 
zone for all waters of the Lower Mississippi River between mile 467.0 
and 472.0. Transit into and through this area is prohibited beginning 
at 11:32 p.m. on September 10, 2015 and will continue through October 
31, 2015 or until the width and depth of the navigational channel 
improves. This safety zone is needed to protect persons, property and 
infrastructure from the safety hazards associated with the navigational 
channel being reduced in width and depth due to shallow water and 
shifting shoals. This has created an especially hazardous situation 
that does not allow for normal transit through this reach of the river. 
Deviation from the safety zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) Lower Mississippi River or 
a designated representative.

DATES: This rule is effective without actual notice from October 22, 
2015 until 11:59 p.m. on October 31, 2015. For purposes of enforcement, 
actual notice will be used from 11:32 p.m. on September 10, 2015 until 
October 22, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0893]. To view documents mentioned in this preamble as being 
available in the docket, go to 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 rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Tyrone L. Conner, U.S. Coast Guard; telephone 901-521-
4825, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Cheryl F. Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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.
    On September 10, 2015 the Coast Guard was notified that shallow 
water and shifting shoals have reduced the width and depth of the 
navigational channel, creating an especially hazardous situation that 
does not to allow for normal transit through this reach of the river. 
This safety zone may include waterways closures, navigation 
restrictions, and/or other requirements that are vital to maintaining 
safe navigation. Accordingly, the Coast Guard has determined that 
immediate and emergency action is necessary to restrict navigation on 
this stretch of the river.
    Therefore, it is impracticable to publish an NPRM because we must 
establish this safety zone by September 10, 2015. Broadcast Notices to 
Mariners (BNM) and information sharing with the waterway users will 
update mariners of the restrictions, requirements, and enforcement 
times during this emergency situation.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this emergency rule effective 
less than 30 days after publication in the Federal Register. Delaying 
the effect date of this rule would be contrary to public interest 
because immediate action is needed to protect life and property from 
the hazards associated with and resulting from the navigational channel 
being reduced in width and depth due to shallow water and shifting 
shoals. This situation has created an especially hazardous situation 
that does not to allow for normal transit through this reach of the 
river. Accordingly, the Coast Guard has determined that immediate and 
emergency action is necessary to restrict navigation on this stretch of 
the river.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The purpose of this emergency safety zone is to protect life and 
property from safety hazards associated with the navigational channel 
being reduced in width and depth due to shallow water and shifting 
shoals. This situation poses significant safety hazards to vessels and 
mariners operating in the area. Establishing a safety zone that may 
include waterways closures, navigation restrictions, and/or other 
requirements that extends from mile 467.0 to mile 472.0 on Mississippi 
River is necessary for the Coast Guard to maintain navigational safety.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary emergency safety zone 
for all vessel traffic on the Mississippi River between mile 467.0 and 
mile 472.0, extending the entire width of the Mississippi River. 
Transit into and through this area is prohibited beginning at 11:32 
p.m. on September 10, 2015 and will continue through October 31, 2015 
or until navigational channel width and depth is improved and response 
efforts are complete. Deviation from this emergency safety zone is 
prohibited unless specifically authorized by the COTP Lower Mississippi 
River, or a designated representative. Deviation requests will be 
considered and reviewed on a case-by-case basis. The COTP Lower 
Mississippi River may be contacted by telephone at 1-901-521-4822 or 
can be reached by VHF-FM channel 16.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule establishes a 
temporary emergency safety zone for

[[Page 63925]]

vessels on all waters of the Mississippi River from mile 467.0 to mile 
472.0. Notifications of enforcement times will be communicated to the 
marine community via BNM and through Local Notice to Mariners (LNM). 
The impacts on navigation will be limited to ensuring the safety of 
mariners and vessels associated with hazards associated with the 
navigational channel being reduced in width, depth, shoaling, swift 
currents, and stream eddies.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the Mississippi River, from 11:32 p.m. on September 10, 2015 to 11:59 
p.m. on October 31, 2015. This emergency safety zone will not have a 
significant economic impact on a substantial number of small entities 
due to its limited scope and short duration. Additionally, requests to 
deviate from the rule will be considered on a case-by-case basis. 
Notifications to the marine community will be made through BNM, LNM, 
and communications with local waterway users. Notices of changes to the 
safety zone and effective times will also be made.

3. 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 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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. Taking of Private Property

    This rule will 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.

9. 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.

10. 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.

11. 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 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. 
Because this safety zone is established in response to an emergency 
situation and is less than one week in duration, an environmental 
analysis checklist and a categorical exclusion determination are not 
required. Should this emergency situation require a safety zone lasting 
longer than one week, an environmental analysis checklist and a 
categorical exclusion determination will be made available as indicated 
under ADDRESSES.

[[Page 63926]]

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. A new temporary Sec.  165.T08-0893 is added to read as follows:


Sec.  165.T08-0893  Safety Zone; Mississippi River between mile 467.0 
and 472.0, Transylvania, LA.

    (a) Location. The following area is a safety zone: All waters of 
the Mississippi River between mile 467.0 and mile 472.0, Transylvania, 
LA, extending the entire width of the Mississippi River.
    (b) Effective and Enforcement Period. This rule is effective from 
11:32 p.m. on September 10, 2015 until 11:59 p.m. on October 31, 2015, 
or unless the width and depth of the river improve earlier and response 
efforts are complete, whichever occurs earlier.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port (COTP) Lower Mississippi River or 
a designated representative.
    (2) Persons or vessels desiring to enter into or passage through 
the zone must request permission from the COTP Lower Mississippi River 
or a designated representative. They may be contacted on VHF-FM channel 
16 or by telephone at 901-521-4822.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP Lower Mississippi River or designated 
representative.
    (d) Informational Broadcasts. The COTP Lower Mississippi River or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the emergency safety 
zone as well as any changes in the dates and times of enforcement.

    Dated: September 10,2015.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2015-26958 Filed 10-21-15; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations 63923

and the Regional Small Business Management Directive 023–01 and from the surface of the water to the
Regulatory Fairness Boards. The Commandant Instruction M16475.lD, ocean floor.
Ombudsman evaluates these actions which guide the Coast Guard in (b) Enforcement period. This rule will
annually and rates each agency’s complying with the National be enforced from 10:00 a.m. (SST) to
responsiveness to small business. If you Environmental Policy Act of 1969(42 4:00 p.m. (SST) on November 11, 2015
wish to comment on actions by U.S.C. 4321–4370f), and have and from 10:00 a.m. (SST) to 4:00 p.m.
employees of the Coast Guard, call 1– determined that this action is one of a (SST) on November 27, 2015.
888–REG–FAIR (1–888–734–3247). The category of actions that do not (c) Regulations. (1) All persons and
Coast Guard will not retaliate against individually or cumulatively have a vessels not registered with the sponsor
small entities that question or complain significant effect on the human as participants or support/enforcement
about this rule or any policy or action environment. This rule involves vessels are considered spectators. The
of the Coast Guard. temporary and limited safety zone in ‘‘support/enforcement vessels’’ consist
Pago Pago Harbor. It is categorically of any territory, or local law
C. Collection of Information enforcement and sponsor provided
excluded from further review under
This rule will not call for a new paragraph 34(g) of Figure 2–1 of the vessels assigned or approved by the
collection of information under the Commandant Instruction. An Captain of the Port Honolulu to patrol
Paperwork Reduction Act of 1995 (44 environmental analysis checklist the safety zone.
U.S.C. 3501–3520). supporting this determination and a (2) No spectator shall anchor, block,
Categorical Exclusion Determination are loiter or impede the through transit of
D. Federalism and Indian Tribal participants or support/enforcement
Governments available in the docket where indicated
under ADDRESSES. We seek any vessels in the safety zone during the
A rule has implications for federalism comments or information that may lead effective date and times, unless cleared
under E.O. 13132, Federalism, if it has to the discovery of a significant for entry by or through a support/
a substantial direct effect on the States, environmental impact from this rule. enforcement vessel.
on the relationship between the national (3) Spectator vessels may be moored
government and the States, or on the G. Protest Activities to a waterfront facility within the safety
distribution of power and The Coast Guard respects the First zone in such a way that they shall not
responsibilities among the various Amendment rights of protesters. interfere with the progress of the event.
levels of government. We have analyzed Protesters are asked to contact the Such mooring must be complete at least
this rule under that Order and have person listed in the FOR FURTHER 30 minutes prior to the establishment of
determined that it is consistent with the INFORMATION CONTACT section to the safety zone and remain moored
fundamental federalism principles and coordinate protest activities so that your through the duration of the event.
preemption requirements described in message can be received without (d) Informational Broadcasts. The
E.O. 13132. jeopardizing the safety or security of Captain of the Port or a designated
Also, this rule does not have tribal people, places or vessels. representative will inform the public
implications under E.O. 13175, through broadcast notices to mariners of
Consultation and Coordination with List of Subjects in 33 CFR Part 165 the enforcement period for the safety
Indian Tribal Governments, because it Harbors, Marine safety, Navigation zone. The harbor will remain closed
does not have a substantial direct effect (water), Reporting and recordkeeping until the Coast Guard issues an ‘‘All
on one or more Indian tribes, on the requirements, Safety measures, and Clear’’ for the harbor after the race has
relationship between the Federal Waterways. concluded the harbor is deemed safe for
Government and Indian tribes, or on the For the reasons discussed in the normal operations.
distribution of power and preamble, the Coast Guard amends 33 (e) Penalties. Vessels or persons
responsibilities between the Federal CFR part 165 as follows: violating this rule would be subject to
Government and Indian tribes. If you the penalties set forth in 33 U.S.C. 1232.
believe this rule has implications for PART 165— REGULATED Dated: September 29, 2015.
federalism or Indian tribes, please NAVIGATION AREAS AND LIMITED S.N. Gilreath,
contact the person listed in the FOR ACCESS AREAS Captain, U.S. Coast Guard, Captain of the
FURTHER INFORMATION CONTACT section Port Honolulu.
above. ■ 1. The authority citation for part 165
[FR Doc. 2015–26955 Filed 10–21–15; 8:45 am]
continues to read as follows:
E. Unfunded Mandates Reform Act BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
The Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
of 1995 (2 U.S.C. 1531–1538) requires Department of Homeland Security Delegation DEPARTMENT OF HOMELAND
Federal agencies to assess the effects of No. 0170.1. SECURITY
their discretionary regulatory actions. In ■ 2. Add § 165.T15–0906 to read as
particular, the Act addresses actions follows: Coast Guard
that may result in the expenditure by a
State, local, or tribal government, in the § 165.T15–0906 Safety Zone; Pago Pago 33 CFR Part 165
aggregate, or by the private sector of Harbor, America Samoa.
(a) Location. The following area is a [Docket Number USCG–2015–0893]
$100,000,000 (adjusted for inflation) or
asabaliauskas on DSK5VPTVN1PROD with RULES

more in any one year. Though this rule safety zone: Breakers Point (eastern edge RIN 1625–AA00
will not result in such an expenditure, of Pago Pago Harbor entrance) thence
we do discuss the effects of this rule southeast to 14°18′47″ S, 170°38′54.5″ W Safety Zone; Mississippi River
elsewhere in this preamble. thence southwest to 14°19′03″ S, Between Mile 467.0 and 472.0;
170°39′14″ W, thence northwest to Transylvania, LA
F. Environment Tulutulu Point and then following the AGENCY: Coast Guard, DHS.
We have analyzed this rule under coastline encompassing Pago Pago
ACTION: Temporary final rule.
Department of Homeland Security Harbor. This regulated area extends

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Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations 63925

vessels on all waters of the Mississippi and the Regional Small Business Order 12988, Civil Justice Reform, to
River from mile 467.0 to mile 472.0. Regulatory Fairness Boards. The minimize litigation, eliminate
Notifications of enforcement times will Ombudsman evaluates these actions ambiguity, and reduce burden.
be communicated to the marine annually and rates each agency’s
10. Protection of Children
community via BNM and through Local responsiveness to small business. If you
Notice to Mariners (LNM). The impacts wish to comment on actions by We have analyzed this rule under
on navigation will be limited to employees of the Coast Guard, call 1– Executive Order 13045, Protection of
ensuring the safety of mariners and 888–REG–FAIR (1–888–734–3247). The Children from Environmental Health
vessels associated with hazards Coast Guard will not retaliate against Risks and Safety Risks. This rule is not
associated with the navigational small entities that question or complain an economically significant rule and
channel being reduced in width, depth, about this rule or any policy or action does not create an environmental risk to
shoaling, swift currents, and stream of the Coast Guard. health or risk to safety that may
eddies. disproportionately affect children.
4. Collection of Information
2. Impact on Small Entities 11. Indian Tribal Governments
This rule will not call for a new
The Regulatory Flexibility Act of 1980 collection of information under the This rule does not have tribal
(RFA), 5 U.S.C. 601–612, as amended, Paperwork Reduction Act of 1995 (44 implications under Executive Order
requires federal agencies to consider the U.S.C. 3501–3520). 13175, Consultation and Coordination
potential impact of regulations on small with Indian Tribal Governments,
entities during rulemaking. The term 5. Federalism
because it does not have a substantial
‘‘small entities’’ comprises small A rule has implications for federalism direct effect on one or more Indian
businesses, not-for-profit organizations under Executive Order 13132, tribes, on the relationship between the
that are independently owned and Federalism, if it has a substantial direct Federal Government and Indian tribes,
operated and are not dominant in their effect on the States, on the relationship or on the distribution of power and
fields, and governmental jurisdictions between the national government and responsibilities between the Federal
with populations of less than 50,000. the States, or on the distribution of Government and Indian tribes.
The Coast Guard certifies under 5 U.S.C. power and responsibilities among the
605(b) that this rule will not have a various levels of government. We have 12. Energy Effects
significant economic impact on a analyzed this rule under that Order and
substantial number of small entities. This action is not a ‘‘significant
determined that this rule does not have energy action’’ under Executive Order
This rule will affect the following implications for federalism.
entities, some of which may be small 13211, Actions Concerning Regulations
entities: The owners or operators of 6. Protest Activities That Significantly Affect Energy Supply,
vessels intending to transit the Distribution, or Use.
The Coast Guard respects the First
Mississippi River, from 11:32 p.m. on Amendment rights of protesters. 13. Technical Standards
September 10, 2015 to 11:59 p.m. on Protesters are asked to contact the
October 31, 2015. This emergency safety person listed in the FOR FURTHER This rule does not use technical
zone will not have a significant INTFORMATION CONTACT section to
standards. Therefore, we did not
economic impact on a substantial coordinate protest activities so that your consider the use of voluntary consensus
number of small entities due to its message can be received without standards.
limited scope and short duration. jeopardizing the safety or security of 14. Environment
Additionally, requests to deviate from people, places or vessels.
the rule will be considered on a case-by- We have analyzed this rule under
case basis. Notifications to the marine 7. Unfunded Mandates Reform Act Department of Homeland Security
community will be made through BNM, The Unfunded Mandates Reform Act Management Directive 023–01 and
LNM, and communications with local of 1995 (2 U.S.C. 1531–1538) requires Commandant Instruction M16475.lD,
waterway users. Notices of changes to Federal agencies to assess the effects of which guide the Coast Guard in
the safety zone and effective times will their discretionary regulatory actions. In complying with the National
also be made. particular, the Act addresses actions Environmental Policy Act of 1969
that may result in the expenditure by a (NEPA)(42 U.S.C. 4321–4370f), and
3. Assistance for Small Entities have determined that this action is one
State, local, or tribal government, in the
Under section 213(a) of the Small aggregate, or by the private sector of of a category of actions that do not
Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or individually or cumulatively have a
Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule significant effect on the human
we want to assist small entities in will not result in such an expenditure, environment. This rule is categorically
understanding this rule. If the rule we do discuss the effects of this rule excluded from further review under
would affect your small business, elsewhere in this preamble. paragraph 34(g) of Figure 2–1 of the
organization, or governmental Commandant Instruction. Because this
jurisdiction and you have questions 8. Taking of Private Property safety zone is established in response to
concerning its provisions or options for This rule will not cause a taking of an emergency situation and is less than
compliance, please contact the person private property or otherwise have one week in duration, an environmental
asabaliauskas on DSK5VPTVN1PROD with RULES

listed in the FOR FURTHER INFORMATION taking implications under Executive analysis checklist and a categorical
CONTACT, above. Order 12630, Governmental Actions and exclusion determination are not
Small businesses may send comments Interference with Constitutionally required. Should this emergency
on the actions of Federal employees Protected Property Rights. situation require a safety zone lasting
who enforce, or otherwise determine longer than one week, an environmental
compliance with, Federal regulations to 9. Civil Justice Reform analysis checklist and a categorical
the Small Business and Agriculture This rule meets applicable standards exclusion determination will be made
Regulatory Enforcement Ombudsman in sections 3(a) and 3(b)(2) of Executive available as indicated under ADDRESSES.

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Document Created: 2015-12-14 15:34:35
Document Modified: 2015-12-14 15:34:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from October 22, 2015 until 11:59 p.m. on October 31, 2015. For purposes of enforcement, actual notice will be used from 11:32 p.m. on September 10, 2015 until October 22, 2015.
Contact		If you have questions on this rule, call or email LT Tyrone L. Conner, U.S. Coast Guard; telephone 901-521- 4825, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation		80 FR 63923
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

80 FR 63923 - Safety Zone; Mississippi River Between Mile 467.0 and 472.0; Transylvania, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 204 (October 22, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard