Safety Zone; Intracoastal Waterway; Lake Charles, LA, 11-13 [2015-33072]

Download as PDF Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Rules and Regulations The docket for this deviation, [USCG–2015–1098], is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this 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. tkelley on DSK3SPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:36 Dec 31, 2015 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 http:// 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 E:\FR\FM\04JAR1.SGM 04JAR1 12 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, VerDate Sep<11>2014 16:36 Dec 31, 2015 Jkt 238001 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 E:\FR\FM\04JAR1.SGM 04JAR1 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 VerDate Sep<11>2014 16:36 Dec 31, 2015 Jkt 238001 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: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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 http:// 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 http:// 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 E:\FR\FM\04JAR1.SGM 04JAR1

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]


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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 http://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