81_FR_4605 81 FR 4588 - Safety Zone; Transit Restrictions, Lower Mississippi River Mile Marker 365.0-361.0

81 FR 4588 - Safety Zone; Transit Restrictions, Lower Mississippi River Mile Marker 365.0-361.0

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 17 (January 27, 2016)

Page Range4588-4590
FR Document2016-01637

The Coast Guard is establishing a temporary safety zone for all waters of the Lower Mississippi River (LMR), extending the entire width from mile 365.0 to mile 361.0. This safety zone is needed to protect persons, property and flood control infrastructure from the potential safety hazards associated with the wake from vessels underway transiting this area. Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port Lower Mississippi River or a designated representative.

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016)
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4588-4590]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01637]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0014]
RIN 1625-AA00


Safety Zone; Transit Restrictions, Lower Mississippi River Mile 
Marker 365.0--361.0

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Lower Mississippi River (LMR), extending the entire 
width from mile 365.0 to mile 361.0. This safety zone is needed to 
protect persons, property and flood control infrastructure from the 
potential safety hazards associated with the wake from vessels underway 
transiting this area. Deviation from the safety zone is prohibited 
unless specifically authorized by the Captain of the Port Lower 
Mississippi River or a designated representative.

DATES: This rule is effective without actual notice from January 27, 
2016 until 11:59 p.m. on February 1, 2016. For the purposes of 
enforcement, actual notice will be used from 12:01 a.m. on January 10, 
2016 until January 27, 2016.

[[Page 4589]]


ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2016-0014]. 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 rule.

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].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port
LMR Lower Mississippi River

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because immediate action is needed to protect 
persons, property and flood control infrastructure from the potential 
safety hazards associated with the wake from vessels underway 
transiting this area. Completing the full NPRM process is impracticable 
and contrary to the public interest because we must establish this 
safety zone in response to increasing high water and possible flood and 
high water operations taking place between January 10 and February 1, 
2016. Completing the NPRM process would delay the additional safety 
measures necessary to protect persons, property and flood control 
infrastructure from the hazardous associated with the wake from vessels 
underway.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be impracticable and contrary to the public 
interest because we must establish this safety zone in response to 
increasing high water and possible emergency operations taking place 
between January 10 and February 1, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231.
    The Coast Guard received notification from the Vicksburg District, 
Army Corps of Engineers that there is a high possibility that the 
levees from mile 354.0 to mile 357.0, and at mile 365.0, including the 
temporary flood structures in Vidalia, LA and the waterfront in 
Natchez, MS will sustain damage when the Natchez gauge reaches 55 feet 
and higher if immediate action isn't taken to reduce the effects of 
normal traffic patterns during high water. Additionally, if the levee 
is sufficiently weakened by resulting effects of high water during this 
period it could fail. Loss of this section of the main line levee 
system would be catastrophic to large sections of Louisiana. The COTP 
Lower Mississippi River intends to establish a safety zone from 12:01 
a.m. January 10, 2016 to 11:59 p.m. February 1, 2016 or until the river 
reading levels is 55 feet and falling at the Natchez, MS river gauge, 
whichever occurs earlier.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on Lower 
Mississippi River from mile 365.0 to mile 361.0, extending the entire 
width of the river from 12:01 a.m. January 10, 2016 through 11:59 p.m. 
on February 1, 2016 or until the river reading levels is 55 feet and 
falling at the Natchez, MS river gauge, whichever occurs earlier. Entry 
into this zone is prohibited unless permission has been granted by the 
COTP Lower Mississippi or a designated representative. Broadcast Notice 
to Mariners (BNM) will provide any changes in the schedule for this 
safety zone. Deviation requests will be considered and reviewed on a 
case-by-case basis. The COTP Lower Mississippi River may be contacted 
by telephone at 1-866-777-2784 or can be reached by VHF-FM channel 16.

V. 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 and E.O.s, and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. This temporary 
safety zone will restrict navigation on the Mississippi River from mile 
365.0 to mile 361.0 in the vicinity of Natchez, Mississippi from 12:01 
p.m. January 10, 2016 through 11:59 p.m. on February 1, 2016, or until 
the river reading levels is 55 feet and falling at the Natchez, MS 
river gauge, whichever occurs earlier. 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. Additionally, deviation requests may be made 
and will be considered and reviewed on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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

[[Page 4590]]

jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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 (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 involves a temporary safety zone that will prohibit entry into 
this zone unless permission has been granted by the COTP Lower 
Mississippi or a designated representative on the Mississippi River 
mile 365.0 to mile 361.0. It is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

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

 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.T08-0014 is added to read as follows:


Sec.  165.T08-0014  Safety Zone; Mississippi River, Mile Marker 365.0 
to 354.0.

    (a) Location. The following area is a temporary safety zone: all 
waters of the Mississippi River between mile 365.0 and mile 361.0, 
extending the entire width of the river.
    (b) Effective date. This rule is effective from 12:01 a.m. on 
January 10, 2016 through 11:59 p.m. on February 1, 2015, or until the 
river reading levels is 55 feet and falling at the Natchez, MS river 
gauge, whichever occurs earlier.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless specifically 
authorized by the COTP Lower Mississippi River or a designated 
representative.
    (2) Persons or vessels desiring to enter into or pass 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 866-777-2784 for COTP Lower Mississippi River.
    (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: January 7, 2016.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2016-01637 Filed 1-26-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                  4588             Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations

                                                  understanding this rule. If the rule                    Environmental Policy Act of 1969(42                       (c) Regulations. (1) In accordance with
                                                  would affect your small business,                       U.S.C. 4321–4370f), and have                           the general regulations in § 165.23, entry
                                                  organization, or governmental                           determined that this action is one of a                into this zone is prohibited unless
                                                  jurisdiction and you have questions                     category of actions that do not                        specifically authorized by the COTP
                                                  concerning its provisions or options for                individually or cumulatively have a                    Lower Mississippi River or a designated
                                                  compliance, please contact the person                   significant effect on the human                        representative.
                                                  listed in the FOR FURTHER INFORMATION                   environment. This rule involves an                        (2) Any vessel desiring to enter this
                                                  CONTACT section.                                        emergency safety zone that will prohibit               safety zone must first obtain permission
                                                                                                          entry into this zone unless permission                 from the Captain of the Port, New
                                                  C. Collection of Information                                                                                   Orleans. They may be contacted on
                                                                                                          has been granted by the COTP Lower
                                                    This rule will not call for a new                     Mississippi or a designated                            VHF–FM Channel 16 or by telephone at
                                                  collection of information under the                     representative on the Mississippi River                866–777–2784. The resident engineer at
                                                  Paperwork Reduction Act of 1995 (44                     mile 311.0 to mile 319.0 AHP. It is                    Old River Control Structure (WUG–424)
                                                  U.S.C. 3501–3520).                                      categorically excluded from further                    is delegated the authority to permit
                                                  D. Federalism and Indian Tribal                         review under paragraph 34(g) of Figure                 entry into this safety zone.
                                                                                                          2–1 of the Commandant Instruction. An                     (d) Informational broadcasts. The
                                                  Governments
                                                                                                          environmental analysis checklist                       COTP Lower Mississippi River or a
                                                     A rule has implications for federalism               supporting this determination and a                    designated representative will inform
                                                  under E.O. 13132, Federalism, if it has                 Categorical Exclusion Determination are                the public through broadcast notices to
                                                  a substantial direct effect on the States,              available in the docket where indicated                mariners of the enforcement period for
                                                  on the relationship between the national                under ADDRESSES. We seek any                           the emergency safety zone as well as
                                                  government and the States, or on the                    comments or information that may lead                  any changes in the dates and times of
                                                  distribution of power and                               to the discovery of a significant                      enforcement.
                                                  responsibilities among the various                      environmental impact from this rule.                     Dated: January 7, 2016.
                                                  levels of government. We have analyzed
                                                                                                          G. Protest Activities                                  T.J. Wendt,
                                                  this rule under that Order and have
                                                  determined that it is consistent with the                                                                      Captain, U.S. Coast Guard, Captain of the
                                                                                                            The Coast Guard respects the First                   Port, Lower Mississippi River.
                                                  fundamental federalism principles and                   Amendment rights of protesters.
                                                  preemption requirements described in                                                                           [FR Doc. 2016–01632 Filed 1–26–16; 8:45 am]
                                                                                                          Protesters are asked to contact the
                                                  E.O. 13132.                                             person listed in the FOR FURTHER                       BILLING CODE 9110–04–P
                                                     Also, this rule does not have tribal                 INFORMATION CONTACT section to
                                                  implications under E.O. 13175,                          coordinate protest activities so that your
                                                  Consultation and Coordination with                                                                             DEPARTMENT OF HOMELAND
                                                                                                          message can be received without
                                                  Indian Tribal Governments, because it                                                                          SECURITY
                                                                                                          jeopardizing the safety or security of
                                                  does not have a substantial direct effect               people, places or vessels.                             Coast Guard
                                                  on one or more Indian tribes, on the
                                                  relationship between the Federal                        List of Subjects in 33 CFR Part 165
                                                                                                                                                                 33 CFR Part 165
                                                  Government and Indian tribes, or on the                   Harbors, Marine safety, Navigation
                                                  distribution of power and                               (water), Reporting and recordkeeping                   [Docket Number USCG–2016–0014]
                                                  responsibilities between the Federal                    requirements, Security measures,                       RIN 1625–AA00
                                                  Government and Indian tribes. If you                    Waterways.
                                                  believe this rule has implications for                    For the reasons discussed in the                     Safety Zone; Transit Restrictions,
                                                  federalism or Indian tribes, please                     preamble, the Coast Guard amends 33                    Lower Mississippi River Mile Marker
                                                  contact the person listed in the FOR                    CFR part 165 as follows:                               365.0—361.0
                                                  FURTHER INFORMATION CONTACT section
                                                  above.                                                  PART 165—REGULATED NAVIGATION                          AGENCY:    Coast Guard, DHS.
                                                                                                          AREAS AND LIMITED ACCESS AREAS                         ACTION:   Temporary final rule.
                                                  E. Unfunded Mandates Reform Act
                                                    The Unfunded Mandates Reform Act                      ■ 1. The authority citation for part 165               SUMMARY:   The Coast Guard is
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   continues to read as follows:                          establishing a temporary safety zone for
                                                  Federal agencies to assess the effects of                                                                      all waters of the Lower Mississippi
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  their discretionary regulatory actions. In              33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                                 River (LMR), extending the entire width
                                                  particular, the Act addresses actions                   Department of Homeland Security Delegation             from mile 365.0 to mile 361.0. This
                                                  that may result in the expenditure by a                 No. 0170.1.                                            safety zone is needed to protect persons,
                                                  State, local, or tribal government, in the                                                                     property and flood control
                                                                                                          ■ 2. A new temporary § 165.T08–0023 is                 infrastructure from the potential safety
                                                  aggregate, or by the private sector of                  added to read as follows:
                                                  $100,000,000 (adjusted for inflation) or                                                                       hazards associated with the wake from
                                                  more in any one year. Though this rule                  § 165.T08–0023 Safety Zone; Mississippi                vessels underway transiting this area.
                                                  will not result in such an expenditure,                 River, Mile Marker 365.0 to 354.0.                     Deviation from the safety zone is
                                                  we do discuss the effects of this rule                    (a) Location. The following area is an               prohibited unless specifically
                                                  elsewhere in this preamble.                             emergency safety zone: All waters of the               authorized by the Captain of the Port
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                          Mississippi River between mile 311.0                   Lower Mississippi River or a designated
                                                  F. Environment                                          and mile 319.0, extending the entire                   representative.
                                                    We have analyzed this rule under                      width of the river.                                    DATES: This rule is effective without
                                                  Department of Homeland Security                            (b) Enforcement date. This rule is                  actual notice from January 27, 2016
                                                  Management Directive 023–01 and                         effective from 12:01 a.m. on January 9,                until 11:59 p.m. on February 1, 2016.
                                                  Commandant Instruction M16475.lD,                       2016 through 11:59 p.m. on February 1,                 For the purposes of enforcement, actual
                                                  which guide the Coast Guard in                          2015, or until the river flood levels                  notice will be used from 12:01 a.m. on
                                                  complying with the National                             decrease, whichever occurs earlier.                    January 10, 2016 until January 27, 2016.


                                             VerDate Sep<11>2014   16:58 Jan 26, 2016   Jkt 238001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\27JAR1.SGM   27JAR1


                                                                   Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations                                         4589

                                                  ADDRESSES:   Documents mentioned in                     effective less than 30 days after                      E.O.s, and we discuss First Amendment
                                                  this preamble are part of docket [USCG–                 publication in the Federal Register.                   rights of protestors.
                                                  2016–0014]. To view documents                           Delaying the effective date of this rule
                                                                                                                                                                 A. Regulatory Planning and Review
                                                  mentioned in this preamble as being                     would be impracticable and contrary to
                                                  available in the docket, go to http://                  the public interest because we must                       E.O.s 12866 and 13563 direct agencies
                                                  www.regulations.gov, type the docket                    establish this safety zone in response to              to assess the costs and benefits of
                                                  number in the ‘‘SEARCH’’ box and click                  increasing high water and possible                     available regulatory alternatives and, if
                                                  ‘‘SEARCH.’’ Click on Open Docket                        emergency operations taking place                      regulation is necessary, to select
                                                  Folder on the line associated with this                 between January 10 and February 1,                     regulatory approaches that maximize
                                                  rule.                                                   2016.                                                  net benefits. E.O. 13563 emphasizes the
                                                                                                                                                                 importance of quantifying both costs
                                                  FOR FURTHER INFORMATION CONTACT: If                     III. Legal Authority and Need for Rule                 and benefits, of reducing costs, of
                                                  you have questions on this rule, call or
                                                                                                             The Coast Guard is issuing this rule                harmonizing rules, and of promoting
                                                  email LT Tyrone L. Conner, U.S. Coast
                                                                                                          under authority in 33 U.S.C. 1231.                     flexibility. This rule has not been
                                                  Guard; telephone 901–521–4825, email
                                                                                                                                                                 designated a ‘‘significant regulatory
                                                  Tyrone.L.Conner@uscg.mil.                                  The Coast Guard received notification
                                                                                                                                                                 action,’’ under E.O. 12866. Accordingly,
                                                  SUPPLEMENTARY INFORMATION:                              from the Vicksburg District, Army Corps
                                                                                                                                                                 it has not been reviewed by the Office
                                                                                                          of Engineers that there is a high
                                                  I. Table of Abbreviations                                                                                      of Management and Budget.
                                                                                                          possibility that the levees from mile                     This regulatory action determination
                                                  CFR Code of Federal Regulations                         354.0 to mile 357.0, and at mile 365.0,                is based on the size, location, duration,
                                                  DHS Department of Homeland Security                     including the temporary flood structures               and time-of-year of the safety zone. This
                                                  E.O. Executive order                                    in Vidalia, LA and the waterfront in
                                                  FR Federal Register
                                                                                                                                                                 temporary safety zone will restrict
                                                                                                          Natchez, MS will sustain damage when                   navigation on the Mississippi River
                                                  NPRM Notice of proposed rulemaking                      the Natchez gauge reaches 55 feet and
                                                  Pub. L. Public Law                                                                                             from mile 365.0 to mile 361.0 in the
                                                                                                          higher if immediate action isn’t taken to              vicinity of Natchez, Mississippi from
                                                  § Section
                                                  U.S.C. United States Code
                                                                                                          reduce the effects of normal traffic                   12:01 p.m. January 10, 2016 through
                                                  COTP Captain of the Port                                patterns during high water.                            11:59 p.m. on February 1, 2016, or until
                                                  LMR Lower Mississippi River                             Additionally, if the levee is sufficiently             the river reading levels is 55 feet and
                                                                                                          weakened by resulting effects of high                  falling at the Natchez, MS river gauge,
                                                  II. Background Information and                          water during this period it could fail.
                                                  Regulatory History                                                                                             whichever occurs earlier. Notifications
                                                                                                          Loss of this section of the main line                  to the marine community will be made
                                                     The Coast Guard is issuing this                      levee system would be catastrophic to                  through BNM, LNM, and
                                                  temporary rule without prior notice and                 large sections of Louisiana. The COTP                  communications with local waterway
                                                  opportunity to comment pursuant to                      Lower Mississippi River intends to                     users. Notices of changes to the safety
                                                  authority under section 4(a) of the                     establish a safety zone from 12:01 a.m.                zone and effective times will also be
                                                  Administrative Procedure Act (APA) (5                   January 10, 2016 to 11:59 p.m. February                made. Additionally, deviation requests
                                                  U.S.C. 553(b)). This provision                          1, 2016 or until the river reading levels              may be made and will be considered
                                                  authorizes an agency to issue a rule                    is 55 feet and falling at the Natchez, MS              and reviewed on a case-by-case basis.
                                                  without prior notice and opportunity to                 river gauge, whichever occurs earlier.
                                                  comment when the agency for good                                                                               B. Impact on Small Entities
                                                                                                          IV. Discussion of the Rule
                                                  cause finds that those procedures are                                                                             The Regulatory Flexibility Act of
                                                  ‘‘impracticable, unnecessary, or contrary                 The Coast Guard is establishing a                    1980, 5 U.S.C. 601–612, as amended,
                                                  to the public interest.’’                               temporary safety zone on Lower                         requires Federal agencies to consider
                                                     Under 5 U.S.C. 553(b)(B), the Coast                  Mississippi River from mile 365.0 to                   the potential impact of regulations on
                                                  Guard finds that good cause exists for                  mile 361.0, extending the entire width                 small entities during rulemaking. The
                                                  not publishing a notice of proposed                     of the river from 12:01 a.m. January 10,               term ‘‘small entities’’ comprises small
                                                  rulemaking (NPRM) with respect to this                  2016 through 11:59 p.m. on February 1,                 businesses, not-for-profit organizations
                                                  rule because immediate action is needed                 2016 or until the river reading levels is              that are independently owned and
                                                  to protect persons, property and flood                  55 feet and falling at the Natchez, MS                 operated and are not dominant in their
                                                  control infrastructure from the potential               river gauge, whichever occurs earlier.                 fields, and governmental jurisdictions
                                                  safety hazards associated with the wake                 Entry into this zone is prohibited unless              with populations of less than 50,000.
                                                  from vessels underway transiting this                   permission has been granted by the                     The Coast Guard certifies under 5 U.S.C.
                                                  area. Completing the full NPRM process                  COTP Lower Mississippi or a designated                 605(b) that this rule will not have a
                                                  is impracticable and contrary to the                    representative. Broadcast Notice to                    significant economic impact on a
                                                  public interest because we must                         Mariners (BNM) will provide any                        substantial number of small entities.
                                                  establish this safety zone in response to               changes in the schedule for this safety                   While some owners or operators of
                                                  increasing high water and possible flood                zone. Deviation requests will be                       vessels intending to transit the safety
                                                  and high water operations taking place                  considered and reviewed on a case-by-                  zone may be small entities, for the
                                                  between January 10 and February 1,                      case basis. The COTP Lower Mississippi                 reasons stated in section V.A above, this
                                                  2016. Completing the NPRM process                       River may be contacted by telephone at                 rule will not have a significant
                                                  would delay the additional safety                       1–866–777–2784 or can be reached by                    economic impact on any vessel owner
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  measures necessary to protect persons,                  VHF–FM channel 16.                                     or operator.
                                                  property and flood control                                                                                        Under section 213(a) of the Small
                                                                                                          V. Regulatory Analyses
                                                  infrastructure from the hazardous                                                                              Business Regulatory Enforcement
                                                  associated with the wake from vessels                     We developed this rule after                         Fairness Act of 1996 (Pub. L. 104–121),
                                                  underway.                                               considering numerous statutes and                      we want to assist small entities in
                                                     We are issuing this rule, and under 5                executive orders related to rulemaking.                understanding this rule. If the rule
                                                  U.S.C. 553(d)(3), the Coast Guard finds                 Below we summarize our analyses                        would affect your small business,
                                                  that good cause exists for making it                    based on a number of these statutes and                organization, or governmental


                                             VerDate Sep<11>2014   16:58 Jan 26, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\27JAR1.SGM   27JAR1


                                                  4590             Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations

                                                  jurisdiction and you have questions                     category of actions that do not                        into this zone is prohibited unless
                                                  concerning its provisions or options for                individually or cumulatively have a                    specifically authorized by the COTP
                                                  compliance, please contact the person                   significant effect on the human                        Lower Mississippi River or a designated
                                                  listed in the FOR FURTHER INFORMATION                   environment. This rule involves a                      representative.
                                                  CONTACT section.                                        temporary safety zone that will prohibit                  (2) Persons or vessels desiring to enter
                                                                                                          entry into this zone unless permission                 into or pass through the zone must
                                                  C. Collection of Information
                                                                                                          has been granted by the COTP Lower                     request permission from the COTP
                                                    This rule will not call for a new                     Mississippi or a designated                            Lower Mississippi River or a designated
                                                  collection of information under the                     representative on the Mississippi River                representative. They may be contacted
                                                  Paperwork Reduction Act of 1995 (44                     mile 365.0 to mile 361.0. It is                        on VHF–FM channel 16 or by telephone
                                                  U.S.C. 3501–3520).                                      categorically excluded from further                    at 866–777–2784 for COTP Lower
                                                  D. Federalism and Indian Tribal                         review under paragraph 34(g) of Figure                 Mississippi River.
                                                  Governments                                             2–1 of the Commandant Instruction. An                     (3) If permission is granted, all
                                                                                                          environmental analysis checklist                       persons and vessels shall comply with
                                                     A rule has implications for federalism               supporting this determination and a                    the instructions of the COTP Lower
                                                  under E.O. 13132, Federalism, if it has                 Categorical Exclusion Determination are                Mississippi River or designated
                                                  a substantial direct effect on the States,              available in the docket where indicated                representative.
                                                  on the relationship between the national                under ADDRESSES. We seek any                              (d) Informational broadcasts. The
                                                  government and the States, or on the                    comments or information that may lead                  COTP Lower Mississippi River or a
                                                  distribution of power and                               to the discovery of a significant                      designated representative will inform
                                                  responsibilities among the various                      environmental impact from this rule.                   the public through broadcast notices to
                                                  levels of government. We have analyzed                                                                         mariners of the enforcement period for
                                                  this rule under that Order and have                     G. Protest Activities                                  the emergency safety zone as well as
                                                  determined that it is consistent with the                 The Coast Guard respects the First                   any changes in the dates and times of
                                                  fundamental federalism principles and                   Amendment rights of protesters.                        enforcement.
                                                  preemption requirements described in                    Protesters are asked to contact the                      Dated: January 7, 2016.
                                                  E.O. 13132.                                             person listed in the FOR FURTHER
                                                     Also, this rule does not have tribal                                                                        T.J. Wendt,
                                                                                                          INFORMATION CONTACT section to
                                                  implications under E.O. 13175,                                                                                 Captain, U.S. Coast Guard, Captain of the
                                                                                                          coordinate protest activities so that your
                                                  Consultation and Coordination with                                                                             Port, Lower Mississippi River.
                                                                                                          message can be received without
                                                  Indian Tribal Governments, because it                                                                          [FR Doc. 2016–01637 Filed 1–26–16; 8:45 am]
                                                                                                          jeopardizing the safety or security of
                                                  does not have a substantial direct effect               people, places or vessels.                             BILLING CODE 9110–04–P
                                                  on one or more Indian tribes, on the
                                                  relationship between the Federal                        List of Subjects in 33 CFR Part 165
                                                  Government and Indian tribes, or on the                   Harbors, Marine safety, Navigation                   DEPARTMENT OF HOMELAND
                                                  distribution of power and                               (water), Reporting and recordkeeping                   SECURITY
                                                  responsibilities between the Federal                    requirements, Security measures,
                                                  Government and Indian tribes. If you                                                                           Coast Guard
                                                                                                          Waterways.
                                                  believe this rule has implications for                    For the reasons discussed in the
                                                  federalism or Indian tribes, please                                                                            33 CFR Part 165
                                                                                                          preamble, the Coast Guard amends 33
                                                  contact the person listed in the FOR                    CFR part 165 as follows:                               [Docket Number USCG–2016–0016]
                                                  FURTHER INFORMATION CONTACT section
                                                                                                                                                                 RIN 1625–AA00
                                                  above.                                                  PART 165—REGULATED NAVIGATION
                                                                                                          AREAS AND LIMITED ACCESS AREAS                         Safety Zone; Bayou Chene Beginning
                                                  E. Unfunded Mandates Reform Act
                                                                                                                                                                 at Mile 130.0 on the Atchafalaya River
                                                    The Unfunded Mandates Reform Act                      ■ 1. The authority citation for part 165               Extending Through the Bayou Chene
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   continues to read as follows:                          Ending at Mile 85.0 on the Intercoastal
                                                  Federal agencies to assess the effects of                 Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            Waterway Morgan City, LA
                                                  their discretionary regulatory actions. In              33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;
                                                  particular, the Act addresses actions                   Department of Homeland Security Delegation             AGENCY:    Coast Guard, DHS.
                                                  that may result in the expenditure by a                 No. 0170.1.                                            ACTION:   Temporary final rule.
                                                  State, local, or tribal government, in the              ■ 2. A new temporary § 165.T08–0014 is
                                                  aggregate, or by the private sector of                                                                         SUMMARY:   The Coast Guard is
                                                                                                          added to read as follows:
                                                  $100,000,000 (adjusted for inflation) or                                                                       establishing a temporary emergency
                                                  more in any one year. Though this rule                  § 165.T08–0014 Safety Zone; Mississippi                safety zone for all waters of the Bayou
                                                  will not result in such an expenditure,                 River, Mile Marker 365.0 to 354.0.                     Chene beginning at mile 130.0 on the
                                                  we do discuss the effects of this rule                    (a) Location. The following area is a                Atchafalaya River extending north
                                                  elsewhere in this preamble.                             temporary safety zone: all waters of the               through the Bayou Chene and ending at
                                                                                                          Mississippi River between mile 365.0                   Mile 85.0 on the Intercoastal Waterway.
                                                  F. Environment                                          and mile 361.0, extending the entire                   The emergency safety zone is needed to
                                                    We have analyzed this rule under                      width of the river.                                    protect persons, property, and
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Department of Homeland Security                           (b) Effective date. This rule is effective           infrastructure from potential damage
                                                  Management Directive 023–01 and                         from 12:01 a.m. on January 10, 2016                    and safety hazards associated with high
                                                  Commandant Instruction M16475.lD,                       through 11:59 p.m. on February 1, 2015,                waters. Entry of vessels or persons into
                                                  which guide the Coast Guard in                          or until the river reading levels is 55 feet           this zone is prohibited unless
                                                  complying with the National                             and falling at the Natchez, MS river                   specifically authorized by the Captain of
                                                  Environmental Policy Act of 1969 (42                    gauge, whichever occurs earlier.                       the Port Morgan City (COTP). Deviation
                                                  U.S.C. 4321–4370f), and have                              (c) Regulations. (1) In accordance with              from the safety zone may be requested
                                                  determined that this action is one of a                 the general regulations in § 165.23, entry             and will be considered on a case-by-case


                                             VerDate Sep<11>2014   16:58 Jan 26, 2016   Jkt 238001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\27JAR1.SGM   27JAR1



Document Created: 2018-02-02 12:40:10
Document Modified: 2018-02-02 12:40:10
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 January 27, 2016 until 11:59 p.m. on February 1, 2016. For the purposes of enforcement, actual notice will be used from 12:01 a.m. on January 10, 2016 until January 27, 2016.
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]
FR Citation81 FR 4588 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR