Safety Zone; Intracoastal Waterway; Lake Charles, LA, 11-13 [2015-33072]
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Rules and Regulations
The docket for this
deviation, [USCG–2015–1098], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
ADDRESSES:
If
you have questions on this temporary
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email David.H.Sulouff@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The
California Department of Transportation
has requested a temporary change to the
operation of the Highway 160
drawbridge, mile 0.1, over Three Mile
Slough, at Rio Vista, CA. The
drawbridge navigation span provides 12
feet vertical clearance above Mean High
Water in the closed-to-navigation
position. In accordance with 33 CFR
117.5, the draw opens on signal.
Navigation on the waterway is
commercial, search and rescue, law
enforcement, and recreational.
The drawbridge will be secured in the
closed-to-navigation position from 12:01
a.m. on January 5, 2016 to 11:59 p.m. on
April 10, 2016, to allow the bridge
owner to perform sand blasting and
painting rehabilitation. A containment
scaffolding system will be installed
below low steel of the entire length of
the bridge structure, reducing vertical
clearance for navigation by not more
than 4 feet, and will be lighted at night
with red lights. This temporary
deviation has been coordinated with the
waterway users. No objections to the
proposed temporary deviation were
raised.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will not be able
to open for emergencies. The confluence
of the San Joaquin and Sacramento
rivers can be used as an alternate route
for vessels unable to pass through the
bridge in the closed position. The Coast
Guard will also inform waterway users
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
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SUPPLEMENTARY INFORMATION:
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Jkt 238001
Dated: December 15, 2015.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2015–33070 Filed 12–31–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG 2015–1086]
RIN 1625–AA00
Safety Zone; Intracoastal Waterway;
Lake Charles, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Intracoastal Waterway
(ICW) extending 100-yards east and
west of ICW Mile Marker 244.5 located
at position 30°03′38″ N. 093°22′19″ W.
(NAD 83) in Lake Charles, Louisiana.
This safety zone is necessary to protect
personnel, vessels, and the marine
environment from hazards created by
high power electrical line installation
operations via helicopter over the
Intracoastal Waterway. Entry of vessels
or persons into this safety zone is
prohibited unless specifically
authorized by the Captain of the Port,
Port Arthur.
DATES: This rule is effective from 7 a.m.
on January 4, 2016 through 6 p.m. on
January 14, 2016. This rule will be
enforced when personnel and
equipment are on scene and conducting
working on electrical lines.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
1086 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 MST1 Walt Goggans, Marine
Safety Unit Lake Charles, U.S. Coast
Guard; telephone 337–491–7883, email
Thomas.W.Goggans@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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11
Pub. L. Public Law
§ 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
immediate action is needed to protect
vessels and mariners from the hazards
associated with electrical line
installation operations over the
Intracoastal Waterway. The Coast Guard
was not notified of the impending
electrical line installation by ENTERGY
until approximately three weeks prior to
the date of the planned installation.
After review of the details, the Coast
Guard determined action is needed to
protect vessels and mariners from the
potential hazards created by the
electrical line installation. It is
impracticable to publish an NPRM
because we must establish this safety
zone by January 4, 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. The
Coast Guard received less than 30-day’s
notice that ENTERGY set the electrical
line installation date for January 4, 2016
through January 14, 2016. Delaying the
effective date of this rule would be
contrary to public interest because
immediate action is needed to respond
to the potential safety hazards
associated with electrical line
installation operations over the
Intracoastal Waterway. The Coast Guard
will notify the public and maritime
community that the safety zone will be
in effect and of its enforcement periods
via broadcast notices to mariners (BNM)
and will be published in the Local
Notice to Mariners (LNM).
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, Port Arthur (COTP)
has determined that the hazards
associated with high power line
installations beginning January 4, 2016
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Rules and Regulations
through January 14, 2016 will be a
safety concern for anyone within a 100yard radius of helicopter cable
installation operations. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while high power cable installation
operations occur.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7 a.m. on January 4, 2016 through
6 p.m. on January 14, 2016. The safety
zone will cover all navigable waters,
shoreline to shoreline, extending 100–
yards to either side of helicopter high
power cable installation operations and
machinery being used by personnel to
install the high power cables. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the electrical lines are
being installed. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
tkelley on DSK3SPTVN1PROD with RULES
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 regulatory action determination
is based on the size, location, and
duration of the safety zone. This rule
will only be enforced for short periods
when the channel is obstructed or cable
installation operations over Intracoastal
Waterway pose hazards to mariners.
Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone
and the rule allows vessel 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,
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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 vessel owners or
operators.
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
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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 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 10 days that will
prohibit entry within 100-yards of
vessels and machinery being used for
high power cable installation. 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
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Rules and Regulations
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
broadcast notices to mariners of the
enforcement periods for the safety zone
as well as any changes in the schedule.
Dated: December 15, 2015.
R.S. Ogrydziak,
Captain, U.S. Coast Guard, Captain of the
Port, Port Arthur, Texas.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[FR Doc. 2015–33072 Filed 12–31–15; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[EPA–HQ–OW–2012–0155; FRL–9940–64–
OW]
1. The authority citation for part 165
continues to read as follows:
Announcement of Final Regulatory
Determinations for Contaminants on
the Third Drinking Water Contaminant
Candidate List
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
■
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.
2. Add § 165.T08–1086 to read as
follows:
■
tkelley on DSK3SPTVN1PROD with RULES
§ 165.T08–1086 Safety Zone; Intracoastal
Waterway; Lake Charles, LA.
(a) Location. The following area is a
safety zone: all waters of the Intracoastal
Waterway (ICW) extending 100-yards
east and west of ICW Mile Marker 244.5
located at position 30°03′38″ N.
093°22′19″ W., Lake Charles, Louisiana.
The coordinates are based on (NAD 83).
(b) Effective periods. This rule is
effective from 7 a.m. on January 4, 2016
through 6 p.m. on January 14, 2016.
This rule will be enforced when
personnel and equipment are on scene
and conducting working on electrical
lines.
(c) Regulations. (1) Under the general
safety zone regulations in § 165.23 of
this part, entry into this zone is
prohibited to all vessels except those
vessels specifically authorized by the
Captain of the Port, Port Arthur or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through must request
permission from the Captain of the Port,
Port Arthur, or a designated
representative. They may be contacted
on VHF Channel 13 or 16, or by
telephone at (337) 912–0073.
(3) All persons and vessels shall
comply with the lawful orders or
directions given to them by the Captain
of the Port, Port Arthur or the Captain
of the Port’s designated representative.
On-scene U.S. Coast Guard patrol
personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
(d) Information broadcasts. The Coast
Guard will inform the public through
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Environmental Protection
Agency (EPA).
ACTION: Final regulatory determinations.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is announcing
final regulatory determinations not to
issue national primary drinking water
regulations for four of the 116
contaminants listed on the Third
Contaminant Candidate List. The Safe
Drinking Water Act, as amended in
1996, requires the EPA to make
regulatory determinations every five
years on at least five unregulated
contaminants. A regulatory
determination is a decision about
whether or not to begin the process to
propose and promulgate a national
primary drinking water regulation for an
unregulated contaminant. On October
20, 2014, the agency published its
preliminary determinations not to
regulate dimethoate, 1,3-dinitrobenzene,
terbufos, terbufos sulfone and begin the
process to regulate strontium. The
agency requested public comment on
the determinations, process, rationale
and supporting technical information.
The agency received comments from 14
individuals or organizations on the
preliminary regulatory determinations.
After careful review and consideration
of the public comments, the agency is
making a final determination not to
regulate dimethoate, 1,3-dinitrobenzene,
terbufos and terbufos sulfone. The
agency, however, is delaying the final
regulatory determination on strontium
in order to consider additional data and
decide whether there is a meaningful
opportunity for health risk reduction by
regulating strontium in drinking water.
DATES: In accordance with 40 CFR 23.7
for purposes of judicial review, the
SUMMARY:
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13
regulatory determinations in this
document are issued as of January 4,
2016.
FOR FURTHER INFORMATION CONTACT:
Zeno Bain, Standards and Risk
Management Division, Office of Ground
Water and Drinking Water, Office of
Water (Mailcode 4607M),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: (202)
564–5970; email address: bain.zeno@
epa.gov. For general information,
contact the Safe Drinking Water Hotline,
telephone number: (800) 426–4791. The
Safe Drinking Water Hotline is open
Monday through Friday, excluding legal
holidays, from 10 a.m. to 4 p.m., eastern
time.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
These final regulatory determinations
will not impose any requirements on
anyone. Instead, this action notifies
interested parties of the EPA’s final
regulatory determinations for four
contaminants and provides a summary
of the major comments received on the
October 20, 2014, preliminary
determinations (USEPA, 2014c).
B. How can I get copies of this document
and other related information?
Docket: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2012–0155. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov or in hard copy at
the Water Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The Water
Docket Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Water
Docket is (202) 566–2426.
Electronic Access: You may access
this Federal Register document
electronically from the Government
Printing Office under the ‘‘Federal
Register’’ listings at https://
www.gpo.gov/fdsys/browse/
collection.action?collectionCode=FR.
Abbreviations Used in This Document
CCL Contaminant Candidate List
CCL 3 Third Contaminant Candidate List
CFR Code of Federal Regulations
EPA Environmental Protection Agency
FR Federal Register
HRL Health Reference Level
MCL Maximum Contaminant Level
MCLG Maximum Contaminant Level Goal
MRL Minimum Reporting Limit
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]]>Agencies
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Rules and Regulations]
[Pages 11-13]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33072]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG 2015-1086]
RIN 1625-AA00
Safety Zone; Intracoastal Waterway; Lake Charles, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Intracoastal Waterway (ICW) extending 100-yards east
and west of ICW Mile Marker 244.5 located at position 30[deg]03'38'' N.
093[deg]22'19'' W. (NAD 83) in Lake Charles, Louisiana. This safety
zone is necessary to protect personnel, vessels, and the marine
environment from hazards created by high power electrical line
installation operations via helicopter over the Intracoastal Waterway.
Entry of vessels or persons into this safety zone is prohibited unless
specifically authorized by the Captain of the Port, Port Arthur.
DATES: This rule is effective from 7 a.m. on January 4, 2016 through 6
p.m. on January 14, 2016. This rule will be enforced when personnel and
equipment are on scene and conducting working on electrical lines.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-1086 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 MST1 Walt Goggans, Marine Safety Unit Lake Charles, U.S.
Coast Guard; telephone 337-491-7883, email Thomas.W.Goggans@uscg.mil.
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 immediate action is needed to protect
vessels and mariners from the hazards associated with electrical line
installation operations over the Intracoastal Waterway. The Coast Guard
was not notified of the impending electrical line installation by
ENTERGY until approximately three weeks prior to the date of the
planned installation. After review of the details, the Coast Guard
determined action is needed to protect vessels and mariners from the
potential hazards created by the electrical line installation. It is
impracticable to publish an NPRM because we must establish this safety
zone by January 4, 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. The Coast Guard
received less than 30-day's notice that ENTERGY set the electrical line
installation date for January 4, 2016 through January 14, 2016.
Delaying the effective date of this rule would be contrary to public
interest because immediate action is needed to respond to the potential
safety hazards associated with electrical line installation operations
over the Intracoastal Waterway. The Coast Guard will notify the public
and maritime community that the safety zone will be in effect and of
its enforcement periods via broadcast notices to mariners (BNM) and
will be published in the Local Notice to Mariners (LNM).
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, Port Arthur (COTP) has determined that
the hazards associated with high power line installations beginning
January 4, 2016
[[Page 12]]
through January 14, 2016 will be a safety concern for anyone within a
100-yard radius of helicopter cable installation operations. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while high power cable
installation operations occur.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. on January 4, 2016
through 6 p.m. on January 14, 2016. The safety zone will cover all
navigable waters, shoreline to shoreline, extending 100-yards to either
side of helicopter high power cable installation operations and
machinery being used by personnel to install the high power cables. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the electrical lines
are being installed. 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, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, and duration of the safety zone. This rule will only be
enforced for short periods when the channel is obstructed or cable
installation operations over Intracoastal Waterway pose hazards to
mariners. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessel 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
vessel owners or operators.
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 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 10 days that will
prohibit entry within 100-yards of vessels and machinery being used for
high power cable installation. 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
[[Page 13]]
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, and 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.T08-1086 to read as follows:
Sec. 165.T08-1086 Safety Zone; Intracoastal Waterway; Lake Charles,
LA.
(a) Location. The following area is a safety zone: all waters of
the Intracoastal Waterway (ICW) extending 100-yards east and west of
ICW Mile Marker 244.5 located at position 30[deg]03'38'' N.
093[deg]22'19'' W., Lake Charles, Louisiana. The coordinates are based
on (NAD 83).
(b) Effective periods. This rule is effective from 7 a.m. on
January 4, 2016 through 6 p.m. on January 14, 2016. This rule will be
enforced when personnel and equipment are on scene and conducting
working on electrical lines.
(c) Regulations. (1) Under the general safety zone regulations in
Sec. 165.23 of this part, entry into this zone is prohibited to all
vessels except those vessels specifically authorized by the Captain of
the Port, Port Arthur or a designated representative.
(2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port, Port Arthur, or a
designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at (337) 912-0073.
(3) All persons and vessels shall comply with the lawful orders or
directions given to them by the Captain of the Port, Port Arthur or the
Captain of the Port's designated representative. On-scene U.S. Coast
Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard.
(d) Information broadcasts. The Coast Guard will inform the public
through broadcast notices to mariners of the enforcement periods for
the safety zone as well as any changes in the schedule.
Dated: December 15, 2015.
R.S. Ogrydziak,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur, Texas.
[FR Doc. 2015-33072 Filed 12-31-15; 8:45 am]
BILLING CODE 9110-04-P
