80_FR_64130 80 FR 63926 - Safety Zone; Mississippi River Between Mile 488.0 and 480.5; Lake Providence, LA

80 FR 63926 - Safety Zone; Mississippi River Between Mile 488.0 and 480.5; Lake Providence, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range63926-63928
FR Document2015-26956

The Coast Guard is establishing an emergency temporary safety zone for all waters of the Lower Mississippi River between mile 488.0 and 480.5. Transit into and through this area is prohibited beginning at 5:43 p.m. on September 9, 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 63926-63928]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26956]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0894]
RIN 1625-AA00


Safety Zone; Mississippi River Between Mile 488.0 and 480.5; Lake 
Providence, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing an emergency temporary safety 
zone for all waters of the Lower Mississippi River between mile 488.0 
and 480.5. Transit into and through this area is prohibited beginning 
at 5:43 p.m. on September 9, 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 5:43 p.m. on September 9, 2015 until 
October 22, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0894]. 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 9, 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, delaying the effective date for this emergency safety 
zone to complete the NPRM process is impracticable because we must 
establish this safety zone by September 9, 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

[[Page 63927]]

good cause exists for making this emergency 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 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 488.0 to mile 480.5 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 488.0 and 
mile 480.5, extending the entire width of the Mississippi River. 
Transit into and through this area is prohibited beginning at 5:43 p.m. 
on September 9, 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 vessels on all waters of the 
Mississippi River from mile 488.0 to mile 480.5. 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 and shoaling.

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 5:43 p.m. September 9, 2015 to 11:59 p.m. 
on September 16, 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

[[Page 63928]]

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.

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.T08-0894 is added to read as follows:


Sec.  165.T08-0894  Safety Zone; Mississippi River between mile 488.0 
and 480.5, Lake Providence, LA.

    (a) Location. The following area is a safety zone: all waters of 
the Mississippi River between mile 488.0 and mile 480.5, Lake 
Providence, LA, extending the entire width of the Mississippi River.
    (b) Enforcement Period. This rule will be enforced from 5:43 p.m. 
on September 9, 2015 through 11:59 p.m. on October 31, 2015, or unless 
the width and depth of river increase 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 9, 2015.
T. J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2015-26956 Filed 10-21-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                  63926            Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations

                                                  List of Subjects in 33 CFR Part 165                       Dated: September 10,2015.                           Washington, DC 20590, between 9 a.m.
                                                                                                          T.J. Wendt,                                           and 5 p.m., Monday through Friday,
                                                    Harbors, Marine safety, Navigation                    Captain, U.S. Coast Guard, Captain of the             except Federal holidays.
                                                  (water), Reporting and recordkeeping                    Port, Lower Mississippi River.                        FOR FURTHER INFORMATION CONTACT: If
                                                  requirements, Security measures,                        [FR Doc. 2015–26958 Filed 10–21–15; 8:45 am]          you have questions on this rule, call or
                                                  Waterways.                                              BILLING CODE 9110–04–P                                email LT Tyrone L. Conner, U.S. Coast
                                                    For the reasons discussed in the                                                                            Guard; telephone 901–521–4825, email
                                                  preamble, the Coast Guard amends 33                                                                           Tyrone.L.Conner@uscg.mil. If you have
                                                  CFR part 165 as follows:                                DEPARTMENT OF HOMELAND                                questions on viewing or submitting
                                                                                                          SECURITY                                              material to the docket, call Cheryl F.
                                                  PART 165—REGULATED NAVIGATION                                                                                 Collins, Program Manager, Docket
                                                  AREAS AND LIMITED ACCESS AREAS                          Coast Guard                                           Operations, telephone 202–366–9826.
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                          33 CFR Part 165
                                                  ■ 1. The authority citation for part 165                                                                      Table of Acronyms
                                                  continues to read as follows:                           [Docket Number USCG–2015–0894]
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             RIN 1625–AA00                                         APA Administrative Procedures Act
                                                  33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;                                                                     BNM Broadcast Notice to Mariners
                                                                                                          Safety Zone; Mississippi River                        COTP Captain of the Port
                                                  Department of Homeland Security Delegation                                                                    DHS Department of Homeland Security
                                                  No. 0170.1.                                             Between Mile 488.0 and 480.5; Lake
                                                                                                                                                                FR Federal Register
                                                                                                          Providence, LA                                        LNM Local Notice to Mariners
                                                  ■ 2. A new temporary § 165.T08–0893 is                                                                        MM Mile Marker
                                                  added to read as follows:                               AGENCY:    Coast Guard, DHS.
                                                                                                                                                                NPRM Notice of Proposed Rulemaking
                                                                                                          ACTION:   Temporary final rule.
                                                  § 165.T08–0893 Safety Zone; Mississippi                                                                       A. Regulatory History and Information
                                                  River between mile 467.0 and 472.0,                     SUMMARY:   The Coast Guard is
                                                                                                          establishing an emergency temporary                      The Coast Guard is issuing this
                                                  Transylvania, LA.
                                                                                                          safety zone for all waters of the Lower               temporary final rule without prior
                                                     (a) Location. The following area is a                Mississippi River between mile 488.0                  notice and opportunity to comment
                                                  safety zone: All waters of the                          and 480.5. Transit into and through this              pursuant to authority under section 4(a)
                                                  Mississippi River between mile 467.0                    area is prohibited beginning at 5:43 p.m.             of the Administrative Procedure Act
                                                  and mile 472.0, Transylvania, LA,                       on September 9, 2015 and will continue                (APA) (5 U.S.C. 553(b)). This provision
                                                  extending the entire width of the                       through October 31, 2015 or until the                 authorizes an agency to issue a rule
                                                  Mississippi River.                                      width and depth of the navigational                   without prior notice and opportunity to
                                                     (b) Effective and Enforcement Period.                channel improves. This safety zone is                 comment when the agency for good
                                                  This rule is effective from 11:32 p.m. on               needed to protect persons, property and               cause finds that those procedures are
                                                  September 10, 2015 until 11:59 p.m. on                  infrastructure from the safety hazards                ‘‘impracticable, unnecessary, or contrary
                                                  October 31, 2015, or unless the width                   associated with the navigational                      to the public interest.’’ Under 5 U.S.C.
                                                  and depth of the river improve earlier                  channel being reduced in width and                    553(b)(B), the Coast Guard finds that
                                                  and response efforts are complete,                      depth due to shallow water and shifting               good cause exists for not publishing a
                                                  whichever occurs earlier.                               shoals. This has created an especially                notice of proposed rulemaking (NPRM)
                                                                                                          hazardous situation that does not allow               with respect to this rule. On September
                                                     (c) Regulations. (1) In accordance with                                                                    9, 2015, the Coast Guard was notified
                                                  the general regulations in § 165.23 of                  for normal transit through this reach of
                                                                                                          the river. Deviation from the safety zone             that shallow water and shifting shoals
                                                  this part, entry into this zone is                                                                            have reduced the width and depth of
                                                  prohibited unless authorized by the                     is prohibited unless specifically
                                                                                                          authorized by the Captain of the Port                 the navigational channel, creating an
                                                  Captain of the Port (COTP) Lower                                                                              especially hazardous situation that does
                                                  Mississippi River or a designated                       (COTP) Lower Mississippi River or a
                                                                                                          designated representative.                            not to allow for normal transit through
                                                  representative.                                                                                               this reach of the river. This safety zone
                                                                                                          DATES: This rule is effective without
                                                     (2) Persons or vessels desiring to enter                                                                   may include waterways closures,
                                                                                                          actual notice from October 22, 2015
                                                  into or passage through the zone must                                                                         navigation restrictions, and/or other
                                                                                                          until 11:59 p.m. on October 31, 2015.
                                                  request permission from the COTP                                                                              requirements that are vital to
                                                                                                          For purposes of enforcement, actual
                                                  Lower Mississippi River or a designated                                                                       maintaining safe navigation.
                                                                                                          notice will be used from 5:43 p.m. on
                                                  representative. They may be contacted                                                                         Accordingly, the Coast Guard has
                                                                                                          September 9, 2015 until October 22,
                                                  on VHF–FM channel 16 or by telephone                                                                          determined that immediate and
                                                                                                          2015.
                                                  at 901–521–4822.                                                                                              emergency action is necessary to restrict
                                                                                                          ADDRESSES: Documents mentioned in                     navigation on this stretch of the river.
                                                     (3) If permission is granted, all                    this preamble are part of docket [USCG–                  Therefore, delaying the effective date
                                                  persons and vessels shall comply with                   2015–0894]. To view documents                         for this emergency safety zone to
                                                  the instructions of the COTP Lower                      mentioned in this preamble as being                   complete the NPRM process is
                                                  Mississippi River or designated                         available in the docket, go to http://                impracticable because we must establish
                                                  representative.                                         www.regulations.gov, type the docket                  this safety zone by September 9, 2015.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                     (d) Informational Broadcasts. The                    number in the ‘‘SEARCH’’ box and click                Broadcast Notices to Mariners (BNM)
                                                  COTP Lower Mississippi River or a                       ‘‘SEARCH.’’ Click on Open Docket                      and information sharing with the
                                                  designated representative will inform                   Folder on the line associated with this               waterway users will update mariners of
                                                  the public through broadcast notices to                 rulemaking. You may also visit the                    the restrictions, requirements, and
                                                  mariners of the enforcement period for                  Docket Management Facility in Room                    enforcement times during this
                                                  the emergency safety zone as well as                    W12–140 on the ground floor of the                    emergency situation.
                                                  any changes in the dates and times of                   Department of Transportation West                        For the same reasons, under 5 U.S.C.
                                                  enforcement.                                            Building, 1200 New Jersey Avenue SE.,                 553(d)(3), the Coast Guard finds that


                                             VerDate Sep<11>2014   16:39 Oct 21, 2015   Jkt 238001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\22OCR1.SGM   22OCR1


                                                                   Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations                                       63927

                                                  good cause exists for making this                       D. Regulatory Analyses                                waterway users. Notices of changes to
                                                  emergency rule effective less than 30                     We developed this rule after                        the safety zone and effective times will
                                                  days after publication in the Federal                   considering numerous statutes and                     also be made.
                                                  Register. Delaying the effective date of                executive orders related to rulemaking.               3. Assistance for Small Entities
                                                  this rule would be contrary to public                   Below we summarize our analyses
                                                  interest because immediate action is                                                                             Under section 213(a) of the Small
                                                                                                          based on a number of these statutes or                Business Regulatory Enforcement
                                                  needed to protect life and property from
                                                                                                          executive orders.                                     Fairness Act of 1996 (Pub. L. 104–121),
                                                  the hazards associated with and
                                                  resulting from the navigational channel                 1. Regulatory Planning and Review                     we want to assist small entities in
                                                  being reduced in width and depth due                                                                          understanding this rule. If the rule
                                                                                                            This rule is not a significant
                                                  to shallow water and shifting shoals.                                                                         would affect your small business,
                                                                                                          regulatory action under section 3(f) of
                                                  This situation has created an especially                                                                      organization, or governmental
                                                                                                          Executive Order 12866, Regulatory
                                                  hazardous situation that does not to                                                                          jurisdiction and you have questions
                                                                                                          Planning and Review, as supplemented
                                                  allow for normal transit through this                                                                         concerning its provisions or options for
                                                                                                          by Executive Order 13563, Improving
                                                  reach of the river. Accordingly, the                                                                          compliance, please contact the person
                                                                                                          Regulation and Regulatory Review, and
                                                  Coast Guard has determined that                                                                               listed in the FOR FURTHER INFORMATION
                                                                                                          does not require an assessment of
                                                  immediate and emergency action is                                                                             CONTACT, above.
                                                                                                          potential costs and benefits under
                                                  necessary to restrict navigation on this                                                                         Small businesses may send comments
                                                                                                          section 6(a)(3) of Executive Order 12866
                                                  stretch of the river.                                                                                         on the actions of Federal employees
                                                                                                          or under section 1 of Executive Order
                                                                                                                                                                who enforce, or otherwise determine
                                                  B. Basis and Purpose                                    13563. The Office of Management and
                                                                                                                                                                compliance with, Federal regulations to
                                                    The legal basis and authorities for this              Budget has not reviewed it under those
                                                                                                                                                                the Small Business and Agriculture
                                                  rule are found in 33 U.S.C. 1231; 50                    Orders. This rule establishes a
                                                                                                                                                                Regulatory Enforcement Ombudsman
                                                  U.S.C. 191; 33 CFR 1.05–1; 6.04–1,                      temporary emergency safety zone for
                                                                                                                                                                and the Regional Small Business
                                                  6.04–6, and 160.5; Department of                        vessels on all waters of the Mississippi
                                                                                                                                                                Regulatory Fairness Boards. The
                                                  Homeland Security Delegation No.                        River from mile 488.0 to mile 480.5.
                                                                                                                                                                Ombudsman evaluates these actions
                                                  0170.1, which collectively authorize the                Notifications of enforcement times will
                                                                                                                                                                annually and rates each agency’s
                                                  Coast Guard to establish and define                     be communicated to the marine
                                                                                                                                                                responsiveness to small business. If you
                                                  safety zones.                                           community via BNM and through Local
                                                                                                                                                                wish to comment on actions by
                                                    The purpose of this emergency safety                  Notice to Mariners (LNM). The impacts
                                                                                                                                                                employees of the Coast Guard, call 1–
                                                  zone is to protect life and property from               on navigation will be limited to
                                                                                                                                                                888–REG–FAIR (1–888–734–3247). The
                                                  safety hazards associated with the                      ensuring the safety of mariners and
                                                                                                                                                                Coast Guard will not retaliate against
                                                  navigational channel being reduced in                   vessels associated with hazards
                                                                                                                                                                small entities that question or complain
                                                  width and depth due to shallow water                    associated with the navigational
                                                                                                                                                                about this rule or any policy or action
                                                  and shifting shoals. This situation poses               channel being reduced in width, depth
                                                                                                                                                                of the Coast Guard.
                                                  significant safety hazards to vessels and               and shoaling.
                                                  mariners operating in the area.                                                                               4. Collection of Information
                                                                                                          2. Impact on Small Entities
                                                  Establishing a safety zone that may                                                                              This rule will not call for a new
                                                  include waterways closures, navigation                     The Regulatory Flexibility Act of 1980
                                                                                                                                                                collection of information under the
                                                  restrictions, and/or other requirements                 (RFA), 5 U.S.C. 601–612, as amended,
                                                                                                                                                                Paperwork Reduction Act of 1995 (44
                                                  that extends from mile 488.0 to mile                    requires federal agencies to consider the
                                                                                                                                                                U.S.C. 3501–3520).
                                                  480.5 on Mississippi River is necessary                 potential impact of regulations on small
                                                  for the Coast Guard to maintain                         entities during rulemaking. The term                  5. Federalism
                                                  navigational safety.                                    ‘‘small entities’’ comprises small                       A rule has implications for federalism
                                                                                                          businesses, not-for-profit organizations              under Executive Order 13132,
                                                  C. Discussion of the Temporary Final                    that are independently owned and
                                                  Rule                                                                                                          Federalism, if it has a substantial direct
                                                                                                          operated and are not dominant in their                effect on the States, on the relationship
                                                     The Coast Guard is establishing a                    fields, and governmental jurisdictions                between the national government and
                                                  temporary emergency safety zone for all                 with populations of less than 50,000.                 the States, or on the distribution of
                                                  vessel traffic on the Mississippi River                 The Coast Guard certifies under 5 U.S.C.              power and responsibilities among the
                                                  between mile 488.0 and mile 480.5,                      605(b) that this rule will not have a                 various levels of government. We have
                                                  extending the entire width of the                       significant economic impact on a                      analyzed this rule under that Order and
                                                  Mississippi River. Transit into and                     substantial number of small entities.                 determined that this rule does not have
                                                  through this area is prohibited                            This rule will affect the following                implications for federalism.
                                                  beginning at 5:43 p.m. on September 9,                  entities, some of which may be small
                                                  2015 and will continue through October                  entities: the owners or operators of                  6. Protest Activities
                                                  31, 2015 or until navigational channel                  vessels intending to transit the                         The Coast Guard respects the First
                                                  width and depth is improved and                         Mississippi River, from 5:43 p.m.                     Amendment rights of protesters.
                                                  response efforts are complete. Deviation                September 9, 2015 to 11:59 p.m. on                    Protesters are asked to contact the
                                                  from this emergency safety zone is                      September 16, 2015. This emergency                    person listed in the FOR FURTHER
                                                  prohibited unless specifically                          safety zone will not have a significant               INTFORMATION CONTACT section to
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                                                  authorized by the COTP Lower                            economic impact on a substantial                      coordinate protest activities so that your
                                                  Mississippi River, or a designated                      number of small entities due to its                   message can be received without
                                                  representative. Deviation requests will                 limited scope and short duration.                     jeopardizing the safety or security of
                                                  be considered and reviewed on a case-                   Additionally, requests to deviate from                people, places or vessels.
                                                  by-case basis. The COTP Lower                           the rule will be considered on a case-by-
                                                  Mississippi River may be contacted by                   case basis. Notifications to the marine               7. Unfunded Mandates Reform Act
                                                  telephone at 1–901–521–4822 or can be                   community will be made through BNM,                      The Unfunded Mandates Reform Act
                                                  reached by VHF–FM channel 16.                           LNM, and communications with local                    of 1995 (2 U.S.C. 1531–1538) requires


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                                                  63928            Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations

                                                  Federal agencies to assess the effects of               complying with the National                           request permission from the COTP
                                                  their discretionary regulatory actions. In              Environmental Policy Act of 1969                      Lower Mississippi River or a designated
                                                  particular, the Act addresses actions                   (NEPA) (42 U.S.C. 4321–4370f), and                    representative. They may be contacted
                                                  that may result in the expenditure by a                 have determined that this action is one               on VHF–FM channel 16 or by telephone
                                                  State, local, or tribal government, in the              of a category of actions that do not                  at 901–521–4822.
                                                  aggregate, or by the private sector of                  individually or cumulatively have a                      (3) If permission is granted, all
                                                  $100,000,000 (adjusted for inflation) or                significant effect on the human                       persons and vessels shall comply with
                                                  more in any one year. Though this rule                  environment. This rule is categorically               the instructions of the COTP Lower
                                                  will not result in such an expenditure,                 excluded from further review under                    Mississippi River or designated
                                                  we do discuss the effects of this rule                  paragraph 34(g) of Figure 2–1 of the                  representative.
                                                  elsewhere in this preamble.                             Commandant Instruction. Because this                     (d) Informational Broadcasts. The
                                                                                                          safety zone is established in response to             COTP Lower Mississippi River or a
                                                  8. Taking of Private Property                                                                                 designated representative will inform
                                                                                                          an emergency situation and is less than
                                                    This rule will not cause a taking of                  one week in duration, an environmental                the public through broadcast notices to
                                                  private property or otherwise have                      analysis checklist and a categorical                  mariners of the enforcement period for
                                                  taking implications under Executive                     exclusion determination are not                       the emergency safety zone as well as
                                                  Order 12630, Governmental Actions and                   required. Should this emergency                       any changes in the dates and times of
                                                  Interference with Constitutionally                      situation require a safety zone lasting               enforcement.
                                                  Protected Property Rights.                              longer than one week, an environmental                  Dated: September 9, 2015.
                                                  9. Civil Justice Reform                                 analysis checklist and a categorical                  T. J. Wendt,
                                                                                                          exclusion determination will be made                  Captain, U.S. Coast Guard, Captain of the
                                                    This rule meets applicable standards                  available as indicated under ADDRESSES.               Port, Lower Mississippi River.
                                                  in sections 3(a) and 3(b)(2) of Executive                                                                     [FR Doc. 2015–26956 Filed 10–21–15; 8:45 am]
                                                  Order 12988, Civil Justice Reform, to                   List of Subjects in 33 CFR Part 165
                                                                                                                                                                BILLING CODE 9110–04–P
                                                  minimize litigation, eliminate                            Harbors, Marine safety, Navigation
                                                  ambiguity, and reduce burden.                           (water), Reporting and recordkeeping
                                                  10. Protection of Children                              requirements, Security measures,
                                                                                                                                                                DEPARTMENT OF DEFENSE
                                                                                                          Waterways.
                                                    We have analyzed this rule under                        For the reasons discussed in the                    Defense Acquisition Regulations
                                                  Executive Order 13045, Protection of                    preamble, the Coast Guard amends 33                   System
                                                  Children from Environmental Health                      CFR part 165 as follows:
                                                  Risks and Safety Risks. This rule is not                                                                      48 CFR Parts 202, 204, 212, 239, and
                                                  an economically significant rule and                    PART 165—REGULATED NAVIGATION                         252
                                                  does not create an environmental risk to                AREAS AND LIMITED ACCESS AREAS
                                                  health or risk to safety that may                                                                             [Docket No. DARS–2015–0039]
                                                  disproportionately affect children.                     ■ 1. The authority citation for part 165
                                                                                                                                                                RIN 0750–AI61
                                                                                                          continues to read as follows:
                                                  11. Indian Tribal Governments
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Defense Federal Acquisition
                                                     This rule does not have tribal                       33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;             Regulation Supplement: Network
                                                  implications under Executive Order                      Department of Homeland Security Delegation            Penetration Reporting and Contracting
                                                  13175, Consultation and Coordination                    No. 0170.1.                                           for Cloud Services (DFARS Case 2013–
                                                  with Indian Tribal Governments,                         ■ 2. A new temporary § 165.T08–0894 is                D018)
                                                  because it does not have a substantial                  added to read as follows:
                                                  direct effect on one or more Indian                                                                           AGENCY:  Defense Acquisition
                                                  tribes, on the relationship between the                 § 165.T08–0894 Safety Zone; Mississippi               Regulations System, Department of
                                                  Federal Government and Indian tribes,                   River between mile 488.0 and 480.5, Lake              Defense (DoD).
                                                  or on the distribution of power and                     Providence, LA.                                       ACTION: Interim rule; extension of
                                                  responsibilities between the Federal                      (a) Location. The following area is a               comment period.
                                                  Government and Indian tribes.                           safety zone: all waters of the Mississippi            SUMMARY:   DoD issued an interim rule
                                                                                                          River between mile 488.0 and mile                     (DFARS Case 2013–D018) on August 26,
                                                  12. Energy Effects                                      480.5, Lake Providence, LA, extending                 2015, amending the Defense Federal
                                                    This action is not a ‘‘significant                    the entire width of the Mississippi                   Acquisition Regulation Supplement
                                                  energy action’’ under Executive Order                   River.                                                (DFARS) to implement a section of the
                                                  13211, Actions Concerning Regulations                     (b) Enforcement Period. This rule will
                                                                                                                                                                National Defense Authorization Act for
                                                  That Significantly Affect Energy Supply,                be enforced from 5:43 p.m. on
                                                                                                                                                                Fiscal Year 2013 and a section of the
                                                  Distribution, or Use.                                   September 9, 2015 through 11:59 p.m.                  National Defense Authorization Act for
                                                                                                          on October 31, 2015, or unless the width              Fiscal Year 2015, both of which require
                                                  13. Technical Standards                                 and depth of river increase earlier and               contractor reporting on network
                                                    This rule does not use technical                      response efforts are complete,                        penetrations. The comment period on
                                                  standards. Therefore, we did not                        whichever occurs earlier.                             the interim rule is being extended to
                                                  consider the use of voluntary consensus                   (c) Regulations. (1) In accordance with
                                                                                                                                                                November 20, 2015.
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                                                  standards.                                              the general regulations in § 165.23 of
                                                                                                                                                                DATES: For the interim rule published
                                                                                                          this part, entry into this zone is
                                                  14. Environment                                                                                               on August 26, 2015 (80 FR 51739),
                                                                                                          prohibited unless authorized by the
                                                    We have analyzed this rule under                      Captain of the Port (COTP) Lower                      submit comments by November 20,
                                                  Department of Homeland Security                         Mississippi River or a designated                     2015.
                                                  Management Directive 023–01 and                         representative.                                       ADDRESSES: Submit comments
                                                  Commandant Instruction M16475.lD,                         (2) Persons or vessels desiring to enter            identified by DFARS Case 2013–D018,
                                                  which guide the Coast Guard in                          into or passage through the zone must                 using any of the following methods:


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Document Created: 2015-12-14 15:33:55
Document Modified: 2015-12-14 15:33:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis 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 5:43 p.m. on September 9, 2015 until October 22, 2015.
ContactIf 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 Citation80 FR 63926 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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