81_FR_4607 81 FR 4590 - Safety Zone; Bayou Chene Beginning at Mile 130.0 on the Atchafalaya River Extending Through the Bayou Chene Ending at Mile 85.0 on the Intercoastal Waterway Morgan City, LA

81 FR 4590 - Safety Zone; Bayou Chene Beginning at Mile 130.0 on the Atchafalaya River Extending Through the Bayou Chene Ending at Mile 85.0 on the Intercoastal Waterway Morgan City, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range4590-4592
FR Document2016-01631

The Coast Guard is establishing a temporary emergency safety zone for all waters of the Bayou Chene beginning at mile 130.0 on the Atchafalaya River extending north through the Bayou Chene and ending at Mile 85.0 on the Intercoastal Waterway. The emergency safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with high waters. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Morgan City (COTP). Deviation from the safety zone may be requested and will be considered on a case-by-case basis as specifically authorized by the COTP 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 4590-4592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01631]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0016]
RIN 1625-AA00


Safety Zone; Bayou Chene Beginning at Mile 130.0 on the 
Atchafalaya River Extending Through the Bayou Chene Ending at Mile 85.0 
on the Intercoastal Waterway Morgan City, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary emergency safety 
zone for all waters of the Bayou Chene beginning at mile 130.0 on the 
Atchafalaya River extending north through the Bayou Chene and ending at 
Mile 85.0 on the Intercoastal Waterway. The emergency safety zone is 
needed to protect persons, property, and infrastructure from potential 
damage and safety hazards associated with high waters. Entry of vessels 
or persons into this zone is prohibited unless specifically authorized 
by the Captain of the Port Morgan City (COTP). Deviation from the 
safety zone may be requested and will be considered on a case-by-case

[[Page 4591]]

basis as specifically authorized by the COTP or a designated 
representative.

DATES: This rule is effective without actual notice from January 27, 
2016 until 11:59 p.m. on February 29, 2016. For the purposes of 
enforcement, actual notice will be used from 8:00 a.m. on January 7, 
2016 until January 27, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0016 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 LTJG Vanessa Taylor, Chief of Waterways, U.S. Coast 
Guard; telephone 985-380-5334, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
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

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 there is immediate need for 
additional safety measures due to the increased safety risks caused by 
high waters on the Atchafalaya River that result in back flooding 
through five surrounding parishes. On January 5, 2016, the Coast Guard 
determined that immediate action is necessary to establish an emergency 
safety zone to protect life and property from the hazards associated 
with and resulting from high waters. It is impracticable to publish an 
NPRM because we must establish this safety zone by January 7, 2016. 
Broadcast Notices to Mariners (BNM) and information sharing with 
waterway users will update mariners of enforcement times and any 
changes to the schedule during this emergency situation.
    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. Providing 30 days 
notice would be contrary to public interest because immediate action is 
needed to protect life and property from the hazards associated with 
and resulting from high waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Morgan City determined that potential 
hazards associated with and resulting from high waters and potential 
back flooding in surrounding areas require additional safety measures. 
This rule establishes a temporary emergency safety zone beginning at 
mile 130.0 on the Atchafalaya River extending north through the Bayou 
Chene and ending at Mile 85.0 on the Intercoastal Waterway to protect 
those operating in the area and assist the Coast Guard in maintaining 
navigational safety.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary emergency safety zone 
prohibiting access to the Bayou Chene extending the entire length of 
the waterway of the rivers beginning at 8:00 a.m. on January 7, 2016, 
through February 29, 2016, or until waters recede and conditions allow 
for safe navigation, whichever occurs earlier. Deviation from the 
emergency safety zone may be requested and will be considered on a 
case-by-case basis as specifically authorized by the COTP or a 
designated representative. Deviation requests will be considered and 
reviewed on a case-by-case basis. The COTP may be contacted by 
telephone at 985-380-5375 or can be reached by VHF-FM channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget. This rule establishes 
a temporary emergency safety zone placing restrictions on vessels 
transiting the Bayou Chene. Notifications of enforcement times and any 
changes to the schedule will be communicated to the marine community 
via BNM. The impacts on navigation will be limited to ensure the safety 
of mariners and vessels during hazardous conditions associated with 
high waters.

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

[[Page 4592]]

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.

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 an emergency safety measure limiting access to the area 
described as the Bayou Chene beginning at mile 130.0 on the Atchafalaya 
River extending north through the Bayou Chene and ending at Mile 85.0 
of the Intercoastal Waterway. This emergency situation requires a 
safety zone lasting longer than one week so a preliminary environmental 
analysis checklist and a categorical exclusion determination are being 
prepared and will be made available as 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. Add Sec.  165.T08-0016 to read as follows:


Sec.  165.T08-0016  Safety Zone; Bayou Chene, beginning at mile 130.0 
on the Atchafalaya River extending through the Bayou Chene ending at 
Mile 85.0 on the Intercoastal Waterway Morgan City, LA.

    (a) Location. The following area is a safety zone: All waters of 
the Bayou Chene beginning at mile 130.0 on the Atchafalaya River 
extending north through the Bayou Chene and ending at Mile 85.0 on the 
Intercoastal Waterway.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officers operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port (COTP) Morgan City in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Marine 
Safety Unit Morgan City at 985-380-5334. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement periods. This rule is effective from 8:00 a.m. on 
January 7, 2016 through 11:59 p.m. on February 29, 2016 or until waters 
recede and conditions allow for safe navigation.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcasts notice 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 6, 2016.
D.G. McClellan,
Captain, U.S. Coast Guard, Alternate Captain of the Port Morgan City.
[FR Doc. 2016-01631 Filed 1-26-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                  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


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                                                                   Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations                                        4591

                                                  basis as specifically authorized by the                 and information sharing with waterway                  regulation is necessary, to select
                                                  COTP or a designated representative.                    users will update mariners of                          regulatory approaches that maximize
                                                  DATES: This rule is effective without                   enforcement times and any changes to                   net benefits. E.O. 13563 emphasizes the
                                                  actual notice from January 27, 2016                     the schedule during this emergency                     importance of quantifying both costs
                                                  until 11:59 p.m. on February 29, 2016.                  situation.                                             and benefits, of reducing costs, of
                                                  For the purposes of enforcement, actual                    We are issuing this rule, and under 5               harmonizing rules, and of promoting
                                                  notice will be used from 8:00 a.m. on                   U.S.C. 553(d)(3), the Coast Guard finds                flexibility. This rule has not been
                                                  January 7, 2016 until January 27, 2016.                 that good cause exists for making it                   designated a ‘‘significant regulatory
                                                  ADDRESSES: To view documents                            effective less than 30 days after                      action,’’ under E.O. 12866. Accordingly,
                                                  mentioned in this preamble as being                     publication in the Federal Register.                   it has not been reviewed by the Office
                                                  available in the docket, go to http://                  Providing 30 days notice would be                      of Management and Budget. This rule
                                                  www.regulations.gov, type USCG–2016–                    contrary to public interest because                    establishes a temporary emergency
                                                  0016 in the ‘‘SEARCH’’ box and click                    immediate action is needed to protect                  safety zone placing restrictions on
                                                  ‘‘SEARCH.’’ Click on Open Docket                        life and property from the hazards                     vessels transiting the Bayou Chene.
                                                  Folder on the line associated with this                 associated with and resulting from high                Notifications of enforcement times and
                                                  rule.                                                   waters.                                                any changes to the schedule will be
                                                                                                                                                                 communicated to the marine
                                                  FOR FURTHER INFORMATION CONTACT: If                     III. Legal Authority and Need for Rule                 community via BNM. The impacts on
                                                  you have questions on this rule, call or                   The Coast Guard is issuing this rule                navigation will be limited to ensure the
                                                  email LTJG Vanessa Taylor, Chief of                     under authority in 33 U.S.C. 1231. The                 safety of mariners and vessels during
                                                  Waterways, U.S. Coast Guard; telephone                  Captain of the Port Morgan City                        hazardous conditions associated with
                                                  985–380–5334, email                                     determined that potential hazards                      high waters.
                                                  Vanessa.R.Taylor@uscg.mil.                              associated with and resulting from high
                                                  SUPPLEMENTARY INFORMATION:                                                                                     B. Impact on Small Entities
                                                                                                          waters and potential back flooding in
                                                  I. Table of Abbreviations                               surrounding areas require additional                      The Regulatory Flexibility Act of
                                                                                                          safety measures. This rule establishes a               1980, 5 U.S.C. 601–612, as amended,
                                                  BNM Broadcast Notice to Mariners                        temporary emergency safety zone                        requires Federal agencies to consider
                                                  CFR Code of Federal Regulations                                                                                the potential impact of regulations on
                                                  COTP Captain of the Port
                                                                                                          beginning at mile 130.0 on the
                                                                                                          Atchafalaya River extending north                      small entities during rulemaking. The
                                                  DHS Department of Homeland Security
                                                  E.O. Executive order                                    through the Bayou Chene and ending at                  term ‘‘small entities’’ comprises small
                                                  FR Federal Register                                     Mile 85.0 on the Intercoastal Waterway                 businesses, not-for-profit organizations
                                                  NPRM Notice of proposed rulemaking                      to protect those operating in the area                 that are independently owned and
                                                  Pub. L. Public Law                                      and assist the Coast Guard in                          operated and are not dominant in their
                                                  § Section                                               maintaining navigational safety.                       fields, and governmental jurisdictions
                                                  U.S.C. United States Code                                                                                      with populations of less than 50,000.
                                                                                                          IV. Discussion of the Rule                             The Coast Guard certifies under 5 U.S.C.
                                                  II. Background Information and
                                                  Regulatory History                                        The Coast Guard is establishing a                    605(b) that this rule will not have a
                                                                                                          temporary emergency safety zone                        significant economic impact on a
                                                     The Coast Guard is issuing this                      prohibiting access to the Bayou Chene                  substantial number of small entities.
                                                  temporary rule without prior notice and                 extending the entire length of the                        While some owners or operators of
                                                  opportunity to comment pursuant to                      waterway of the rivers beginning at 8:00               vessels intending to transit the safety
                                                  authority under section 4(a) of the                     a.m. on January 7, 2016, through                       zone may be small entities, for the
                                                  Administrative Procedure Act (APA) (5                   February 29, 2016, or until waters                     reasons stated in section V.A. above,
                                                  U.S.C. 553(b)). This provision                          recede and conditions allow for safe                   this rule will not have significant
                                                  authorizes an agency to issue a rule                    navigation, whichever occurs earlier.                  economic impact on any vessel owner
                                                  without prior notice and opportunity to                 Deviation from the emergency safety                    or operator.
                                                  comment when the agency for good                        zone may be requested and will be                         Under section 213(a) of the Small
                                                  cause finds that those procedures are                   considered on a case-by-case basis as                  Business Regulatory Enforcement
                                                  ‘‘impracticable, unnecessary, or contrary               specifically authorized by the COTP or                 Fairness Act of 1996 (Pub. L. 104–121),
                                                  to the public interest.’’ Under 5 U.S.C.                a designated representative. Deviation                 we want to assist small entities in
                                                  553(b)(B), the Coast Guard finds that                   requests will be considered and                        understanding this rule. If the rule
                                                  good cause exists for not publishing a                  reviewed on a case-by-case basis. The                  would affect your small business,
                                                  notice of proposed rulemaking (NPRM)                    COTP may be contacted by telephone at                  organization, or governmental
                                                  with respect to this rule because there                 985–380–5375 or can be reached by                      jurisdiction and you have questions
                                                  is immediate need for additional safety                 VHF–FM channel 16.                                     concerning its provisions or options for
                                                  measures due to the increased safety                                                                           compliance, please contact the person
                                                  risks caused by high waters on the                      V. Regulatory Analyses                                 listed in the FOR FURTHER INFORMATION
                                                  Atchafalaya River that result in back                     We developed this rule after                         CONTACT section.
                                                  flooding through five surrounding                       considering numerous statutes and                         Small businesses may send comments
                                                  parishes. On January 5, 2016, the Coast                 executive orders (E.O.s) related to                    on the actions of Federal employees
                                                  Guard determined that immediate                         rulemaking. Below we summarize our                     who enforce, or otherwise determine
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  action is necessary to establish an                     analyses based on a number of these                    compliance with, Federal regulations to
                                                  emergency safety zone to protect life                   statutes and E.O.s, and we discuss First               the Small Business and Agriculture
                                                  and property from the hazards                           Amendment rights of protestors.                        Regulatory Enforcement Ombudsman
                                                  associated with and resulting from high                                                                        and the Regional Small Business
                                                  waters. It is impracticable to publish an               A. Regulatory Planning and Review                      Regulatory Fairness Boards. The
                                                  NPRM because we must establish this                       E.O.s 12866 and 13563 direct agencies                Ombudsman evaluates these actions
                                                  safety zone by January 7, 2016.                         to assess the costs and benefits of                    annually and rates each agency’s
                                                  Broadcast Notices to Mariners (BNM)                     available regulatory alternatives and, if              responsiveness to small business. If you


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                                                  4592             Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations

                                                  wish to comment on actions by                           U.S.C. 4321–4370f), and have                           Commander, including a Coast Guard
                                                  employees of the Coast Guard, call 1–                   determined that this action is one of a                coxswain, petty officer, or other officers
                                                  888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                        operating a Coast Guard vessel and a
                                                  Coast Guard will not retaliate against                  individually or cumulatively have a                    Federal, State, and local officer
                                                  small entities that question or complain                significant effect on the human                        designated by or assisting the Captain of
                                                  about this rule or any policy or action                 environment. This rule involves an                     the Port (COTP) Morgan City in the
                                                  of the Coast Guard.                                     emergency safety measure limiting                      enforcement of the safety zone.
                                                                                                          access to the area described as the                      (c) Regulations. (1) Under the general
                                                  C. Collection of Information                                                                                   safety zone regulations in subpart C of
                                                                                                          Bayou Chene beginning at mile 130.0 on
                                                    This rule will not call for a new                     the Atchafalaya River extending north                  this part, you may not enter the safety
                                                  collection of information under the                     through the Bayou Chene and ending at                  zone described in paragraph (a) of this
                                                  Paperwork Reduction Act of 1995 (44                     Mile 85.0 of the Intercoastal Waterway.                section unless authorized by the COTP
                                                  U.S.C. 3501–3520).                                      This emergency situation requires a                    or the COTP’s designated representative.
                                                                                                          safety zone lasting longer than one week                  (2) To seek permission to enter,
                                                  D. Federalism and Indian Tribal
                                                                                                          so a preliminary environmental analysis                contact the COTP or the COTP’s
                                                  Governments
                                                                                                          checklist and a categorical exclusion                  representative via VHF–FM channel 16,
                                                     A rule has implications for federalism               determination are being prepared and                   or through Coast Guard Marine Safety
                                                  under E.O. 13132, Federalism, if it has                 will be made available as indicated                    Unit Morgan City at 985–380–5334.
                                                  a substantial direct effect on the States,              under ADDRESSES. We seek any                           Those in the safety zone must comply
                                                  on the relationship between the national                comments or information that may lead                  with all lawful orders or directions
                                                  government and the States, or on the                    to the discovery of a significant                      given to them by the COTP or the
                                                  distribution of power and                               environmental impact from this rule.                   COTP’s designated representative.
                                                  responsibilities among the various                                                                                (d) Enforcement periods. This rule is
                                                  levels of government. We have analyzed                  G. Protest Activities                                  effective from 8:00 a.m. on January 7,
                                                  this rule under that Order and have                       The Coast Guard respects the First                   2016 through 11:59 p.m. on February
                                                  determined that it is consistent with the               Amendment rights of protesters.                        29, 2016 or until waters recede and
                                                  fundamental federalism principles and                   Protesters are asked to contact the                    conditions allow for safe navigation.
                                                  preemption requirements described in                    person listed in the FOR FURTHER                          (e) Informational broadcasts. The
                                                  E.O. 13132.                                             INFORMATION CONTACT section to                         COTP or a designated representative
                                                     Also, this rule does not have tribal                 coordinate protest activities so that your             will inform the public through
                                                  implications under E.O. 13175,                          message can be received without                        broadcasts notice to mariners of the
                                                  Consultation and Coordination with                      jeopardizing the safety or security of                 enforcement period for the emergency
                                                  Indian Tribal Governments, because it                   people, places or vessels.                             safety zone as well as any changes in the
                                                  does not have a substantial direct effect                                                                      dates and times of enforcement.
                                                  on one or more Indian tribes, on the                    List of Subjects in 33 CFR Part 165
                                                                                                                                                                    Dated: January 6, 2016.
                                                  relationship between the Federal                          Harbors, Marine safety, Navigation                   D.G. McClellan,
                                                  Government and Indian tribes, or on the                 (water), Reporting and recordkeeping                   Captain, U.S. Coast Guard, Alternate Captain
                                                  distribution of power and                               requirements, Security measures,                       of the Port Morgan City.
                                                  responsibilities between the Federal                    Waterways.                                             [FR Doc. 2016–01631 Filed 1–26–16; 8:45 am]
                                                  Government and Indian tribes. If you                      For the reasons discussed in the                     BILLING CODE 9110–04–P
                                                  believe this rule has implications for                  preamble, the Coast Guard amends 33
                                                  federalism or Indian tribes, please                     CFR part 165 as follows:
                                                  contact the person listed in the FOR
                                                  FURTHER INFORMATION CONTACT section                     PART 165—REGULATED NAVIGATION                          FEDERAL MARITIME COMMISSION
                                                  above.                                                  AREAS AND LIMITED ACCESS AREAS                         46 CFR Part 515
                                                  E. Unfunded Mandates Reform Act                         ■ 1. The authority citation for part 165               [Docket No. 13–05]
                                                    The Unfunded Mandates Reform Act                      continues to read as follows:
                                                                                                                                                                 RIN 3072–AC44
                                                  of 1995 (2 U.S.C. 1531–1538) requires                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  Federal agencies to assess the effects of               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              Ocean Transportation Intermediary
                                                  their discretionary regulatory actions. In              Department of Homeland Security Delegation             Licensing and Financial Responsibility
                                                  particular, the Act addresses actions                   No. 0170.1.                                            Requirements, and General Duties
                                                  that may result in the expenditure by a
                                                                                                          ■ 2. Add § 165.T08–0016 to read as                     AGENCY:    Federal Maritime Commission.
                                                  State, local, or tribal government, in the
                                                                                                          follows:                                               ACTION:   Correcting amendments.
                                                  aggregate, or by the private sector of
                                                  $100,000,000 (adjusted for inflation) or                § 165.T08–0016 Safety Zone; Bayou
                                                  more in any one year. Though this rule                  Chene, beginning at mile 130.0 on the
                                                                                                                                                                 SUMMARY:   The Federal Maritime
                                                  will not result in such an expenditure,                 Atchafalaya River extending through the                Commission corrects rules governing
                                                  we do discuss the effects of this rule                  Bayou Chene ending at Mile 85.0 on the                 the licensing, financial responsibility
                                                  elsewhere in this preamble.                             Intercoastal Waterway Morgan City, LA.                 requirements and duties of Ocean
                                                                                                            (a) Location. The following area is a                Transportation Intermediaries that were
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  F. Environment                                          safety zone: All waters of the Bayou                   recently amended to add a section
                                                    We have analyzed this rule under                      Chene beginning at mile 130.0 on the                   inadvertently omitted and to correct
                                                  Department of Homeland Security                         Atchafalaya River extending north                      problems which occurred in production
                                                  Management Directive 023–01 and                         through the Bayou Chene and ending at                  of the Code of Federal Regulations.
                                                  Commandant Instruction M16475.lD,                       Mile 85.0 on the Intercoastal Waterway.                DATES: This correction is effective
                                                  which guide the Coast Guard in                            (b) Definitions. As used in this                     January 27, 2016.
                                                  complying with the National                             section, designated representative                     FOR FURTHER INFORMATION CONTACT:
                                                  Environmental Policy Act of 1969 (42                    means a Coast Guard Patrol                             Karen V. Gregory, Secretary, Federal


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Document Created: 2018-02-02 12:40:05
Document Modified: 2018-02-02 12:40:05
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 29, 2016. For the purposes of enforcement, actual notice will be used from 8:00 a.m. on January 7, 2016 until January 27, 2016.
ContactIf you have questions on this rule, call or email LTJG Vanessa Taylor, Chief of Waterways, U.S. Coast Guard; telephone 985-380-5334, email [email protected]
FR Citation81 FR 4590 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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