81_FR_6203 81 FR 6179 - Safety Zone; Bayou Petite Caillou, Boudreaux Canal Floodgate; Chauvin, LA

81 FR 6179 - Safety Zone; Bayou Petite Caillou, Boudreaux Canal Floodgate; Chauvin, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 24 (February 5, 2016)

Page Range6179-6181
FR Document2016-02281

The Coast Guard is establishing a temporary safety zone on all navigable waters within a 750 foot radius around the center of the Boudreaux Canal Flood Gates in Chauvin, LA. This safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with repair work on the Boudreaux Canal Sector Flood Gates located on Bayou Petite Caillou. During the periods of enforcement, entry into and transiting or anchoring within this safety zone is prohibited unless specifically authorized by Captain of the Port (COTP) Morgan City or other designated representative.

Federal Register, Volume 81 Issue 24 (Friday, February 5, 2016)
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Rules and Regulations]
[Pages 6179-6181]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02281]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1125]
RIN 1625-AA00


Safety Zone; Bayou Petite Caillou, Boudreaux Canal Floodgate; 
Chauvin, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on all 
navigable waters within a 750 foot radius around the center of the 
Boudreaux Canal Flood Gates in Chauvin, LA. This safety zone is 
necessary to protect persons, property, and infrastructure from 
potential damage and safety hazards associated with repair work on the 
Boudreaux Canal Sector Flood Gates located on Bayou Petite Caillou. 
During the periods of enforcement, entry into and transiting or 
anchoring within this safety zone is prohibited unless specifically 
authorized by Captain of the Port (COTP) Morgan City or other 
designated representative.

DATES: This rule is effective without actual notice from February 5, 
2016 until February 27, 2016. For the purposes of enforcement, actual 
notice will be used from January 6, 2016 until February 5, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1125 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 Lieutenant Junior Grade Vanessa Taylor, Chief of 
Waterways Management, U.S. Coast Guard MSU Morgan City 800 David Dr., 
Morgan City, LA 70380; telephone (985) 380-5334, 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

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 repair work on the Boudreaux Canal 
Sector Flood Gates located on Bayou Petite Caillou needs to be 
completed before marine traffic increases during the extremely high 
traffic periods of the upcoming shrimping season. The Coast Guard 
received notice of the need for this repair December 16, 2015. Repair 
work pushed to any later date will unnecessarily create major traffic 
delays. It is impracticable to publish an NPRM because we must 
establish this safety zone by January 6, 2016.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 
contrary to public interest because immediate action is needed to 
provide additional safety measure during the repair work so that it may 
be completed before the high traffic periods during the upcoming 
shrimping season.

III. Legal Authority and Need for Rule

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231.
    The purpose of the rule is to establish the necessary temporary 
safety zone to provide protection for persons and property from the 
hazards associated with the repairs. This includes commercial and 
recreational vessels that may be in the area during the repair, removal 
and re-installation of the Boudreaux Canal Flood Gates.

IV. Discussion of the Rule

    This rule establishes a safety zone from January 6, 2016 through 
January 15, 2016 and from February 18, 2016 through February 27, 2016. 
The safety zone will cover all navigable waters within a 750 foot 
radius around coordinate 29[deg]23.117 N., 90[deg]37.038 W. which is 
located in center of the Boudreaux Canal Flood Gates. This safety zone 
is intended to protect personnel, vessels, and the marine environment 
in these navigable waters while the inspection, repair, removal, and 
re-installation of flood gates occurs. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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,

[[Page 6180]]

it has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and traffic during the time-of-year of the safety 
zone. The safety zone only impacts a small designated area of the 
Waterway in Chauvin, LA during two scheduled time periods. First, 
during 10 days from January 6, 2016 through January 15, 2016; and 
second during 9 days from February 18, 2016 through February 27, 2016. 
This is a time of year when vessel traffic is normally low. 
Additionally, vessel traffic will be allowed to transit from January 
16, 2016 through February 17, 2016, mid-way through the repair 
timeline. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 informing waterway users of the 
safety zone and any changes in the schedule. Finally, the rule allows 
vessels to seek permission to enter the zone.

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 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 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 a safety zone lasting less than 20 days that will 
prohibit entry within a 750 foot radius around coordinate 29[deg]23.117 
N., 90[deg]37.038 W., which is located in the center of the Boudreaux 
Canal Flood Gates in Chauvin, LA. 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 (waters), 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.T08-1121 to read as follows:


Sec.  165.T08-1121  Safety Zone; Bayou Petite Caillou, Boudreaux Canal 
Floodgate; Chauvin, LA.

    (a) Location. The following area is a safety zone: All waters 
within a 750 foot radius around coordinate 29[deg]23.117 N., 
90[deg]37.038 W., which is located in the center of the Boudreaux Canal 
Flood Gates in Chauvin, LA.

[[Page 6181]]

    (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 
zones.
    (c) Regulations. (1) Under the general safety zone regulations in 
33 CFR part 165, subpart C, you may not enter the safety zones 
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 zones must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This rule will be enforced from January 6, 
2016 through January 15, 2016, and from February 18, 2016 through 
February 27, 2016.
    (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 zones as 
well as any changes in the dates and times of enforcement.

    Dated: January 5, 2016.
D.G. McClellan,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2016-02281 Filed 2-4-16; 8:45 am]
BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations                                          6179

                                           vessels, U.S. government vessels, small                 or anchoring within this safety zone is               safety zone by January 6, 2016.We are
                                           commercial vessels, recreational vessels                prohibited unless specifically                        issuing this rule, and under 5 U.S.C.
                                           and tug and barge traffic. The Coast                    authorized by Captain of the Port                     553(d)(3), the Coast Guard finds that
                                           Guard has carefully coordinated the                     (COTP) Morgan City or other designated                good cause exists for making it effective
                                           restrictions with waterway users.                       representative.                                       less than 30 days after publication in the
                                              There will be limited opportunity for                DATES: This rule is effective without                 Federal Register. Delaying the effective
                                           vessels to transit through the bridge in                actual notice from February 5, 2016                   date of this rule would be contrary to
                                           the closed position during this                         until February 27, 2016. For the                      public interest because immediate
                                           temporary deviation. Vessels able to                    purposes of enforcement, actual notice                action is needed to provide additional
                                           pass through the bridge in the closed                   will be used from January 6, 2016 until               safety measure during the repair work
                                           position may do so after receiving                      February 5, 2016.                                     so that it may be completed before the
                                           confirmation from the bridge tender that                ADDRESSES: To view documents                          high traffic periods during the
                                           it is safe to transit through the bridge.               mentioned in this preamble as being                   upcoming shrimping season.
                                           The bridge will not be able to open for                 available in the docket, go to http://                III. Legal Authority and Need for Rule
                                           emergencies and there is no immediate                   www.regulations.gov, type USCG–2015–
                                           alternate route for vessels to pass. The                1125 in the ‘‘SEARCH’’ box and click                     The legal basis and authorities for this
                                           Coast Guard will also inform the users                  ‘‘SEARCH.’’ Click on Open Docket                      rule are found in 33 U.S.C. 1231.
                                           of the waterways through our Local and                  Folder on the line associated with this                  The purpose of the rule is to establish
                                           Broadcast Notices to Mariners of the                    rule.                                                 the necessary temporary safety zone to
                                           change in operating schedule for the                                                                          provide protection for persons and
                                                                                                   FOR FURTHER INFORMATION CONTACT: If
                                           bridge so that vessel operators can                                                                           property from the hazards associated
                                                                                                   you have questions on this rule, call or
                                           arrange their transit to minimize any                                                                         with the repairs. This includes
                                                                                                   email Lieutenant Junior Grade Vanessa
                                           impact caused by the temporary                                                                                commercial and recreational vessels that
                                                                                                   Taylor, Chief of Waterways
                                           deviation.                                                                                                    may be in the area during the repair,
                                                                                                   Management, U.S. Coast Guard MSU
                                              In accordance with 33 CFR 117.35(e),                                                                       removal and re-installation of the
                                                                                                   Morgan City 800 David Dr., Morgan
                                           the drawbridge must return to its regular                                                                     Boudreaux Canal Flood Gates.
                                                                                                   City, LA 70380; telephone (985) 380–
                                           operating schedule immediately at the                   5334, email Vanessa.R.Taylor@uscg.mil.                IV. Discussion of the Rule
                                           end of the effective period of this
                                                                                                   SUPPLEMENTARY INFORMATION:                               This rule establishes a safety zone
                                           temporary deviation. This deviation
                                           from the operating regulations is                       I. Table of Abbreviations                             from January 6, 2016 through January
                                           authorized under 33 CFR 117.35.                                                                               15, 2016 and from February 18, 2016
                                                                                                   CFR Code of Federal Regulations                       through February 27, 2016. The safety
                                             Dated: January 28, 2016.                              DHS Department of Homeland Security
                                                                                                   E.O. Executive order
                                                                                                                                                         zone will cover all navigable waters
                                           Hal R. Pitts,                                                                                                 within a 750 foot radius around
                                                                                                   FR Federal Register
                                           Bridge Program Manager, Fifth Coast Guard               NPRM Notice of proposed rulemaking                    coordinate 29°23.117 N., 90°37.038 W.
                                           District.                                               Pub. L. Public Law                                    which is located in center of the
                                           [FR Doc. 2016–02100 Filed 2–4–16; 8:45 am]              § Section                                             Boudreaux Canal Flood Gates. This
                                           BILLING CODE 9110–04–P                                  U.S.C. United States Code                             safety zone is intended to protect
                                                                                                   II. Background Information and                        personnel, vessels, and the marine
                                                                                                   Regulatory History                                    environment in these navigable waters
                                           DEPARTMENT OF HOMELAND                                                                                        while the inspection, repair, removal,
                                           SECURITY                                                   The Coast Guard is issuing this                    and re-installation of flood gates occurs.
                                                                                                   temporary rule without prior notice and               No vessel or person will be permitted to
                                           Coast Guard                                             opportunity to comment pursuant to                    enter the safety zone without obtaining
                                                                                                   authority under section 4(a) of the                   permission from the COTP or a
                                           33 CFR Part 165                                         Administrative Procedure Act (APA) (5                 designated representative.
                                           [Docket Number USCG–2015–1125]                          U.S.C. 553(b)). This provision
                                                                                                   authorizes an agency to issue a rule                  V. Regulatory Analyses
                                           RIN 1625–AA00                                           without prior notice and opportunity to                 We developed this rule after
                                                                                                   comment when the agency for good                      considering numerous statutes and
                                           Safety Zone; Bayou Petite Caillou,                      cause finds that those procedures are
                                           Boudreaux Canal Floodgate; Chauvin,                                                                           executive orders (E.O.s) related to
                                                                                                   ‘‘impracticable, unnecessary, or contrary             rulemaking. Below we summarize our
                                           LA                                                      to the public interest.’’ Under 5 U.S.C.              analyses based on a number of these
                                           AGENCY:    Coast Guard, DHS.                            553(b)(B), the Coast Guard finds that                 statutes and E.O.s, and we discuss First
                                           ACTION:   Temporary final rule.                         good cause exists for not publishing a                Amendment rights of protestors.
                                                                                                   notice of proposed rulemaking (NPRM)
                                           SUMMARY:   The Coast Guard is                           with respect to this rule because repair              A. Regulatory Planning and Review
                                           establishing a temporary safety zone on                 work on the Boudreaux Canal Sector                       E.O.s 12866 and 13563 direct agencies
                                           all navigable waters within a 750 foot                  Flood Gates located on Bayou Petite                   to assess the costs and benefits of
                                           radius around the center of the                         Caillou needs to be completed before                  available regulatory alternatives and, if
                                           Boudreaux Canal Flood Gates in                          marine traffic increases during the                   regulation is necessary, to select
                                           Chauvin, LA. This safety zone is                        extremely high traffic periods of the                 regulatory approaches that maximize
                                           necessary to protect persons, property,                 upcoming shrimping season. The Coast                  net benefits. E.O. 13563 emphasizes the
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                                           and infrastructure from potential                       Guard received notice of the need for                 importance of quantifying both costs
                                           damage and safety hazards associated                    this repair December 16, 2015. Repair                 and benefits, of reducing costs, of
                                           with repair work on the Boudreaux                       work pushed to any later date will                    harmonizing rules, and of promoting
                                           Canal Sector Flood Gates located on                     unnecessarily create major traffic                    flexibility. This rule has not been
                                           Bayou Petite Caillou. During the periods                delays. It is impracticable to publish an             designated a ‘‘significant regulatory
                                           of enforcement, entry into and transiting               NPRM because we must establish this                   action,’’ under E.O. 12866. Accordingly,


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                                           6180               Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations

                                           it has not been reviewed by the Office                  Ombudsman evaluates these actions                     which guide the Coast Guard in
                                           of Management and Budget.                               annually and rates each agency’s                      complying with the National
                                              This regulatory action determination                 responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                           is based on the size, location, duration,               wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                           and traffic during the time-of-year of the              employees of the Coast Guard, call 1–                 determined that this action is one of a
                                           safety zone. The safety zone only                       888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                           impacts a small designated area of the                  Coast Guard will not retaliate against                individually or cumulatively have a
                                           Waterway in Chauvin, LA during two                      small entities that question or complain              significant effect on the human
                                           scheduled time periods. First, during 10                about this rule or any policy or action               environment. This rule involves a safety
                                           days from January 6, 2016 through                       of the Coast Guard.                                   zone lasting less than 20 days that will
                                           January 15, 2016; and second during 9                                                                         prohibit entry within a 750 foot radius
                                           days from February 18, 2016 through                     C. Collection of Information
                                                                                                                                                         around coordinate 29°23.117 N.,
                                           February 27, 2016. This is a time of year                 This rule will not call for a new                   90°37.038 W., which is located in the
                                           when vessel traffic is normally low.                    collection of information under the                   center of the Boudreaux Canal Flood
                                           Additionally, vessel traffic will be                    Paperwork Reduction Act of 1995 (44                   Gates in Chauvin, LA. It is categorically
                                           allowed to transit from January 16, 2016                U.S.C. 3501–3520).                                    excluded from further review under
                                           through February 17, 2016, mid-way                                                                            paragraph 34(g) of Figure 2–1 of the
                                           through the repair timeline. Moreover,                  D. Federalism and Indian Tribal
                                                                                                   Governments                                           Commandant Instruction. An
                                           the Coast Guard will issue Broadcast                                                                          environmental analysis checklist
                                           Notice to Mariners via VHF–FM marine                       A rule has implications for federalism             supporting this determination and a
                                           channel 16 informing waterway users of                  under E.O. 13132, Federalism, if it has               Categorical Exclusion Determination are
                                           the safety zone and any changes in the                  a substantial direct effect on the States,            available in the docket where indicated
                                           schedule. Finally, the rule allows                      on the relationship between the national              under ADDRESSES. We seek any
                                           vessels to seek permission to enter the                 government and the States, or on the                  comments or information that may lead
                                           zone.                                                   distribution of power and                             to the discovery of a significant
                                                                                                   responsibilities among the various                    environmental impact from this rule.
                                           B. Impact on Small Entities
                                                                                                   levels of government. We have analyzed
                                              The Regulatory Flexibility Act of                    this rule under that Order and have                   G. Protest Activities
                                           1980, 5 U.S.C. 601–612, as amended,                     determined that it is consistent with the               The Coast Guard respects the First
                                           requires Federal agencies to consider                   fundamental federalism principles and                 Amendment rights of protesters.
                                           the potential impact of regulations on                  preemption requirements described in                  Protesters are asked to contact the
                                           small entities during rulemaking. The                   E.O. 13132.                                           person listed in the FOR FURTHER
                                           term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               INFORMATION CONTACT section to
                                           businesses, not-for-profit organizations                implications under E.O. 13175,                        coordinate protest activities so that your
                                           that are independently owned and                        Consultation and Coordination with                    message can be received without
                                           operated and are not dominant in their                  Indian Tribal Governments, because it                 jeopardizing the safety or security of
                                           fields, and governmental jurisdictions                  does not have a substantial direct effect             people, places or vessels.
                                           with populations of less than 50,000.                   on one or more Indian tribes, on the
                                           The Coast Guard certifies under 5 U.S.C.                relationship between the Federal                      List of Subjects in 33 CFR Part 165
                                           605(b) that this rule will not have a                   Government and Indian tribes, or on the                 Harbors, Marine safety, Navigation
                                           significant economic impact on a                        distribution of power and                             (waters), Reporting and recordkeeping
                                           substantial number of small entities.                   responsibilities between the Federal
                                              While some owners or operators of                                                                          requirements, Security measures,
                                                                                                   Government and Indian tribes. If you                  Waterways.
                                           vessels intending to transit the safety                 believe this rule has implications for
                                           zone may be small entities, for the                     federalism or Indian tribes, please                     For the reasons discussed in the
                                           reasons stated in section V.A above, this               contact the person listed in the FOR                  preamble, the Coast Guard amends 33
                                           rule will not have a significant                        FURTHER INFORMATION CONTACT section                   CFR part 165 as follows:
                                           economic impact on any vessel owner                     above.
                                           or operator.                                                                                                  PART 165—REGULATED NAVIGATION
                                              Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       AREAS AND LIMITED ACCESS AREAS
                                           Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                           Fairness Act of 1996 (Pub. L. 104–121),                                                                       ■ 1. The authority citation for part 165
                                                                                                   of 1995 (2 U.S.C. 1531–1538) requires
                                           we want to assist small entities in                                                                           continues to read as follows:
                                                                                                   Federal agencies to assess the effects of
                                           understanding this rule. If the rule                    their discretionary regulatory actions. In              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           would affect your small business,                       particular, the Act addresses actions                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           organization, or governmental                           that may result in the expenditure by a               Department of Homeland Security Delegation
                                           jurisdiction and you have questions                                                                           No. 0170.1.
                                                                                                   State, local, or tribal government, in the
                                           concerning its provisions or options for                aggregate, or by the private sector of                ■ 2. Add § 165.T08–1121 to read as
                                           compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              follows:
                                           listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule
                                           CONTACT section.                                        will not result in such an expenditure,               § 165.T08–1121 Safety Zone; Bayou Petite
                                              Small businesses may send comments                   we do discuss the effects of this rule                Caillou, Boudreaux Canal Floodgate;
                                           on the actions of Federal employees                                                                           Chauvin, LA.
                                                                                                   elsewhere in this preamble.
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                                           who enforce, or otherwise determine                                                                             (a) Location. The following area is a
                                           compliance with, Federal regulations to                 F. Environment                                        safety zone: All waters within a 750 foot
                                           the Small Business and Agriculture                        We have analyzed this rule under                    radius around coordinate 29°23.117 N.,
                                           Regulatory Enforcement Ombudsman                        Department of Homeland Security                       90°37.038 W., which is located in the
                                           and the Regional Small Business                         Management Directive 023–01 and                       center of the Boudreaux Canal Flood
                                           Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     Gates in Chauvin, LA.


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                                                              Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations                                          6181

                                             (b) Definitions. As used in this                      from a submerged power cable, and the                 and the hazards associated with the
                                           section, designated representative                      hazards associated with the cable repair              cable repairs.
                                           means a Coast Guard Patrol                              vessels. This temporary safety zone is                   We are issuing this rule, and under 5
                                           Commander, including a Coast Guard                      necessary to protect people and vessels               U.S.C. 553(d)(3), the Coast Guard finds
                                           coxswain, petty officer, or other officers              from the hazards associated with this                 that good cause exists for making it
                                           operating a Coast Guard vessel and a                    event. Entry of vessels or persons into               effective less than 30 days after
                                           Federal, State, and local officer                       this zone is prohibited unless                        publication in the Federal Register. For
                                           designated by or assisting the Captain of               specifically authorized by the Captain of             the same reasons discussed in the
                                           the Port (COTP) Morgan City in the                      the Port New York.                                    preceding paragraph, waiting for a 30
                                           enforcement of the safety zones.                        DATES: This rule is effective without                 day notice period to run would be
                                             (c) Regulations. (1) Under the general                actual notice from February 5, 2016                   impracticable and contrary to the public
                                           safety zone regulations in 33 CFR part                  through July 9, 2016. For the purposes                interest.
                                           165, subpart C, you may not enter the                   of enforcement, actual notice will be
                                           safety zones described in paragraph (a)                 used from January 12, 2016 through                    III. Legal Authority and Need for Rule
                                           of this section unless authorized by the                February 5, 2016.                                        The Coast Guard is issuing this rule
                                           COTP or the COTP’s designated                           ADDRESSES: To view documents                          under authority in 33 U.S.C. 1231, 33
                                           representative.                                         mentioned in this preamble as being                   CFR 1.05–1 and 160.5; and Department
                                             (2) To seek permission to enter,                      available in the docket, go to http://                of Homeland Security Delegation No.
                                           contact the COTP or the COTP’s                          www.regulations.gov, type USCG–2016–                  0170.1. The Captain of the Port New
                                           representative via VHF–FM channel 16,                   0028 in the ‘‘SEARCH’’ box and click                  York (COTP) has determined that a
                                           or through Coast Guard Marine Safety                    ‘‘SEARCH.’’ Click on Open Docket                      temporary safety zone is necessary to
                                           Unit Morgan City at 985–380–5334.                       Folder on the line associated with this               ensure the safety of vessels from the
                                           Those in the safety zones must comply                   rule.                                                 hazards associated with this dielectric
                                           with all lawful orders or directions                    FOR FURTHER INFORMATION CONTACT: If                   oil leak and power cable repairs.
                                           given to them by the COTP or the                        you have questions on this rule, call or                 Establishing a safety zone to control
                                           COTP’s designated representative.                       email Petty Officer Kristina Pundt,                   vessel movements around the location
                                             (d) Enforcement period. This rule will                Waterways Management Division, U.S.                   of the dielectric oil leak will help ensure
                                           be enforced from January 6, 2016                        Coast Guard Sector New York;                          the safety of persons and property
                                           through January 15, 2016, and from                      telephone 718–354–4352, email                         during assessment and response
                                           February 18, 2016 through February 27,                  Kristina.H.Pundt@uscg.mil.                            activities and help minimize the
                                           2016.                                                                                                         associated risks. Therefore, this rule will
                                                                                                   SUPPLEMENTARY INFORMATION:
                                             (e) Informational Broadcasts. The                                                                           remain in effect for the time stated
                                           COTP or a designated representative                     I. Table of Abbreviations                             herein but will be cancelled if response
                                           will inform the public through                          CFR Code of Federal Regulations                       activities are finished cease before July
                                           broadcasts notice to mariners of the                    DHS Department of Homeland Security                   9, 2016. The preliminary estimate for
                                           enforcement period for the emergency                    E.O. Executive order                                  completion of the clean-up and cable
                                           safety zones as well as any changes in                  FR Federal Register                                   repairs is February 11, 2016. This TFR
                                           the dates and times of enforcement.                     NPRM Notice of proposed rulemaking                    provides for an extended enforcement
                                                                                                   Pub. L. Public Law
                                             Dated: January 5, 2016.                               § Section                                             period in case of unforeseen
                                           D.G. McClellan,                                         U.S.C. United States Code                             circumstances that prevent the
                                           Captain, U.S. Coast Guard, Captain of the                                                                     contractors from completing the repairs
                                           Port Morgan City, Louisiana.                            II. Background Information and                        within their initial estimated timeline.
                                                                                                   Regulatory History
                                           [FR Doc. 2016–02281 Filed 2–4–16; 8:45 am]                                                                    IV. Discussion of the Rule
                                           BILLING CODE 9110–04–P                                     The Coast Guard is issuing this
                                                                                                   temporary rule without prior notice and                  This rule establishes a safety zone
                                                                                                   opportunity to comment pursuant to                    from January 12, 2016 through July 9,
                                           DEPARTMENT OF HOMELAND                                  authority under section 4(a) of the                   2016. The safety zone will cover all
                                           SECURITY                                                Administrative Procedure Act (APA) (5                 navigable waters of Anchorage Ground
                                                                                                   U.S.C. 553(b)). This provision                        19–W and the Hudson River within an
                                           Coast Guard                                             authorizes an agency to issue a rule                  area approximately 870–930 yards wide
                                                                                                   without prior notice and opportunity to               and 1,330–1,335 yards long near
                                           33 CFR Part 165                                         comment when the agency for good                      Edgewater, NJ.
                                           [Docket Number USCG–2016–0028]                          cause finds that those procedures are                    Entry into, transiting, or anchoring
                                                                                                   ‘‘impracticable, unnecessary, or contrary             within the safety zone is prohibited
                                           RIN 1625–AA00                                           to the public interest.’’ Under 5 U.S.C.              unless authorized by the COTP or a
                                                                                                   553(b)(B), the Coast Guard finds that                 designated representative. Vessel
                                           Safety Zone; Hudson River, Anchorage                    good cause exists for not publishing a                operators must contact the COTP or an
                                           Ground 19–W                                             notice of proposed rulemaking (NPRM)                  on-scene representative to obtain
                                           AGENCY:    Coast Guard, DHS.                            with respect to this rule because doing               permission to transit through this safety
                                           ACTION:   Temporary final rule.                         so would be impracticable. The Coast                  zone. The COTP or an on-scene
                                                                                                   Guard received notification of the                    representative may be contacted by VHF
                                           SUMMARY:   The Coast Guard is                           dielectric oil release from a submerged               Channel 16.
Lhorne on DSK5TPTVN1PROD with RULES




                                           establishing a temporary safety zone in                 power cable on January 2, 2016. Thus,
                                                                                                                                                         V. Regulatory Analyses
                                           the waters of the Hudson River in the                   waiting for a notice and comment
                                           vicinity of Anchorage Ground 19–W.                      period to run would inhibit the Coast                   We developed this rule after
                                           This zone is intended to restrict vessels               Guard from protecting the public and                  considering numerous statutes and
                                           from a portion of the Hudson River due                  vessels from the possible hazards                     E.O.s related to rulemaking. Below we
                                           to the presence of a dielectric oil leak                associated with this dielectric oil leak              summarize our analyses based on these


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Document Created: 2016-02-05 00:17:50
Document Modified: 2016-02-05 00:17:50
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 February 5, 2016 until February 27, 2016. For the purposes of enforcement, actual notice will be used from January 6, 2016 until February 5, 2016.
ContactIf you have questions on this rule, call or email Lieutenant Junior Grade Vanessa Taylor, Chief of Waterways Management, U.S. Coast Guard MSU Morgan City 800 David Dr., Morgan City, LA 70380; telephone (985) 380-5334, email [email protected]
FR Citation81 FR 6179 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (waters); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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