Safety Zone; Bayou Chene Beginning at Mile 130.0 on the Atchafalaya River Extending Through the Bayou Chene Ending at Mile 85.0 on the Intercoastal Waterway Morgan City, LA, 4590-4592 [2016-01631]
Download as PDF
<![CDATA[
4590
Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
asabaliauskas on DSK5VPTVN1PROD with RULES
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
VerDate Sep<11>2014
16:58 Jan 26, 2016
Jkt 238001
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone that will prohibit
entry into this zone unless permission
has been granted by the COTP Lower
Mississippi or a designated
representative on the Mississippi River
mile 365.0 to mile 361.0. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
into this zone is prohibited unless
specifically authorized by the COTP
Lower Mississippi River or a designated
representative.
(2) Persons or vessels desiring to enter
into or pass through the zone must
request permission from the COTP
Lower Mississippi River or a designated
representative. They may be contacted
on VHF–FM channel 16 or by telephone
at 866–777–2784 for COTP Lower
Mississippi River.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP Lower
Mississippi River or designated
representative.
(d) Informational broadcasts. The
COTP Lower Mississippi River or a
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the emergency safety zone as well as
any changes in the dates and times of
enforcement.
Dated: January 7, 2016.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the
Port, Lower Mississippi River.
[FR Doc. 2016–01637 Filed 1–26–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0016]
RIN 1625–AA00
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.
Safety Zone; Bayou Chene Beginning
at Mile 130.0 on the Atchafalaya River
Extending Through the Bayou Chene
Ending at Mile 85.0 on the Intercoastal
Waterway Morgan City, LA
AGENCY:
■
2. A new temporary § 165.T08–0014 is
added to read as follows:
■
§ 165.T08–0014 Safety Zone; Mississippi
River, Mile Marker 365.0 to 354.0.
(a) Location. The following area is a
temporary safety zone: all waters of the
Mississippi River between mile 365.0
and mile 361.0, extending the entire
width of the river.
(b) Effective date. This rule is effective
from 12:01 a.m. on January 10, 2016
through 11:59 p.m. on February 1, 2015,
or until the river reading levels is 55 feet
and falling at the Natchez, MS river
gauge, whichever occurs earlier.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary emergency
safety zone for all waters of the Bayou
Chene beginning at mile 130.0 on the
Atchafalaya River extending north
through the Bayou Chene and ending at
Mile 85.0 on the Intercoastal Waterway.
The emergency safety zone is needed to
protect persons, property, and
infrastructure from potential damage
and safety hazards associated with high
waters. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Morgan City (COTP). Deviation
from the safety zone may be requested
and will be considered on a case-by-case
SUMMARY:
E:\FR\FM\27JAR1.SGM
27JAR1
Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations
basis as specifically authorized by the
COTP or a designated representative.
DATES: This rule is effective without
actual notice from January 27, 2016
until 11:59 p.m. on February 29, 2016.
For the purposes of enforcement, actual
notice will be used from 8:00 a.m. on
January 7, 2016 until January 27, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0016 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LTJG Vanessa Taylor, Chief of
Waterways, U.S. Coast Guard; telephone
985–380–5334, email
Vanessa.R.Taylor@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
asabaliauskas on DSK5VPTVN1PROD with RULES
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because there
is immediate need for additional safety
measures due to the increased safety
risks caused by high waters on the
Atchafalaya River that result in back
flooding through five surrounding
parishes. On January 5, 2016, the Coast
Guard determined that immediate
action is necessary to establish an
emergency safety zone to protect life
and property from the hazards
associated with and resulting from high
waters. It is impracticable to publish an
NPRM because we must establish this
safety zone by January 7, 2016.
Broadcast Notices to Mariners (BNM)
VerDate Sep<11>2014
16:58 Jan 26, 2016
Jkt 238001
and information sharing with waterway
users will update mariners of
enforcement times and any changes to
the schedule during this emergency
situation.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Providing 30 days notice would be
contrary to public interest because
immediate action is needed to protect
life and property from the hazards
associated with and resulting from high
waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Morgan City
determined that potential hazards
associated with and resulting from high
waters and potential back flooding in
surrounding areas require additional
safety measures. This rule establishes a
temporary emergency safety zone
beginning at mile 130.0 on the
Atchafalaya River extending north
through the Bayou Chene and ending at
Mile 85.0 on the Intercoastal Waterway
to protect those operating in the area
and assist the Coast Guard in
maintaining navigational safety.
IV. Discussion of the Rule
The Coast Guard is establishing a
temporary emergency safety zone
prohibiting access to the Bayou Chene
extending the entire length of the
waterway of the rivers beginning at 8:00
a.m. on January 7, 2016, through
February 29, 2016, or until waters
recede and conditions allow for safe
navigation, whichever occurs earlier.
Deviation from the emergency safety
zone may be requested and will be
considered on a case-by-case basis as
specifically authorized by the COTP or
a designated representative. Deviation
requests will be considered and
reviewed on a case-by-case basis. The
COTP may be contacted by telephone at
985–380–5375 or can be reached by
VHF–FM channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
4591
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget. This rule
establishes a temporary emergency
safety zone placing restrictions on
vessels transiting the Bayou Chene.
Notifications of enforcement times and
any changes to the schedule will be
communicated to the marine
community via BNM. The impacts on
navigation will be limited to ensure the
safety of mariners and vessels during
hazardous conditions associated with
high waters.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A. above,
this rule will not have significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
E:\FR\FM\27JAR1.SGM
27JAR1
4592
Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations
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.
asabaliauskas on DSK5VPTVN1PROD with RULES
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
VerDate Sep<11>2014
16:58 Jan 26, 2016
Jkt 238001
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves an
emergency safety measure limiting
access to the area described as the
Bayou Chene beginning at mile 130.0 on
the Atchafalaya River extending north
through the Bayou Chene and ending at
Mile 85.0 of the Intercoastal Waterway.
This emergency situation requires a
safety zone lasting longer than one week
so a preliminary environmental analysis
checklist and a categorical exclusion
determination are being prepared and
will be made available as indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Commander, including a Coast Guard
coxswain, petty officer, or other officers
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) Morgan City in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16,
or through Coast Guard Marine Safety
Unit Morgan City at 985–380–5334.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement periods. This rule is
effective from 8:00 a.m. on January 7,
2016 through 11:59 p.m. on February
29, 2016 or until waters recede and
conditions allow for safe navigation.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcasts notice to mariners of the
enforcement period for the emergency
safety zone as well as any changes in the
dates and times of enforcement.
Dated: January 6, 2016.
D.G. McClellan,
Captain, U.S. Coast Guard, Alternate Captain
of the Port Morgan City.
[FR Doc. 2016–01631 Filed 1–26–16; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
FEDERAL MARITIME COMMISSION
1. The authority citation for part 165
continues to read as follows:
[Docket No. 13–05]
■
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.
46 CFR Part 515
RIN 3072–AC44
Ocean Transportation Intermediary
Licensing and Financial Responsibility
Requirements, and General Duties
2. Add § 165.T08–0016 to read as
follows:
AGENCY:
§ 165.T08–0016 Safety Zone; Bayou
Chene, beginning at mile 130.0 on the
Atchafalaya River extending through the
Bayou Chene ending at Mile 85.0 on the
Intercoastal Waterway Morgan City, LA.
SUMMARY:
■
(a) Location. The following area is a
safety zone: All waters of the Bayou
Chene beginning at mile 130.0 on the
Atchafalaya River extending north
through the Bayou Chene and ending at
Mile 85.0 on the Intercoastal Waterway.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
ACTION:
Federal Maritime Commission.
Correcting amendments.
The Federal Maritime
Commission corrects rules governing
the licensing, financial responsibility
requirements and duties of Ocean
Transportation Intermediaries that were
recently amended to add a section
inadvertently omitted and to correct
problems which occurred in production
of the Code of Federal Regulations.
DATES: This correction is effective
January 27, 2016.
FOR FURTHER INFORMATION CONTACT:
Karen V. Gregory, Secretary, Federal
E:\FR\FM\27JAR1.SGM
27JAR1
]]>Agencies
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4590-4592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01631]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0016]
RIN 1625-AA00
Safety Zone; Bayou Chene Beginning at Mile 130.0 on the
Atchafalaya River Extending Through the Bayou Chene Ending at Mile 85.0
on the Intercoastal Waterway Morgan City, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary emergency safety
zone for all waters of the Bayou Chene beginning at mile 130.0 on the
Atchafalaya River extending north through the Bayou Chene and ending at
Mile 85.0 on the Intercoastal Waterway. The emergency safety zone is
needed to protect persons, property, and infrastructure from potential
damage and safety hazards associated with high waters. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Morgan City (COTP). Deviation from the
safety zone may be requested and will be considered on a case-by-case
[[Page 4591]]
basis as specifically authorized by the COTP or a designated
representative.
DATES: This rule is effective without actual notice from January 27,
2016 until 11:59 p.m. on February 29, 2016. For the purposes of
enforcement, actual notice will be used from 8:00 a.m. on January 7,
2016 until January 27, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0016 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Vanessa Taylor, Chief of Waterways, U.S. Coast
Guard; telephone 985-380-5334, email Vanessa.R.Taylor@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because there is immediate need for
additional safety measures due to the increased safety risks caused by
high waters on the Atchafalaya River that result in back flooding
through five surrounding parishes. On January 5, 2016, the Coast Guard
determined that immediate action is necessary to establish an emergency
safety zone to protect life and property from the hazards associated
with and resulting from high waters. It is impracticable to publish an
NPRM because we must establish this safety zone by January 7, 2016.
Broadcast Notices to Mariners (BNM) and information sharing with
waterway users will update mariners of enforcement times and any
changes to the schedule during this emergency situation.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Providing 30 days
notice would be contrary to public interest because immediate action is
needed to protect life and property from the hazards associated with
and resulting from high waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Morgan City determined that potential
hazards associated with and resulting from high waters and potential
back flooding in surrounding areas require additional safety measures.
This rule establishes a temporary emergency safety zone beginning at
mile 130.0 on the Atchafalaya River extending north through the Bayou
Chene and ending at Mile 85.0 on the Intercoastal Waterway to protect
those operating in the area and assist the Coast Guard in maintaining
navigational safety.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary emergency safety zone
prohibiting access to the Bayou Chene extending the entire length of
the waterway of the rivers beginning at 8:00 a.m. on January 7, 2016,
through February 29, 2016, or until waters recede and conditions allow
for safe navigation, whichever occurs earlier. Deviation from the
emergency safety zone may be requested and will be considered on a
case-by-case basis as specifically authorized by the COTP or a
designated representative. Deviation requests will be considered and
reviewed on a case-by-case basis. The COTP may be contacted by
telephone at 985-380-5375 or can be reached by VHF-FM channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget. This rule establishes
a temporary emergency safety zone placing restrictions on vessels
transiting the Bayou Chene. Notifications of enforcement times and any
changes to the schedule will be communicated to the marine community
via BNM. The impacts on navigation will be limited to ensure the safety
of mariners and vessels during hazardous conditions associated with
high waters.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you
[[Page 4592]]
wish to comment on actions by employees of the Coast Guard, call 1-888-
REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves an emergency safety measure limiting access to the area
described as the Bayou Chene beginning at mile 130.0 on the Atchafalaya
River extending north through the Bayou Chene and ending at Mile 85.0
of the Intercoastal Waterway. This emergency situation requires a
safety zone lasting longer than one week so a preliminary environmental
analysis checklist and a categorical exclusion determination are being
prepared and will be made available as indicated under ADDRESSES. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0016 to read as follows:
Sec. 165.T08-0016 Safety Zone; Bayou Chene, beginning at mile 130.0
on the Atchafalaya River extending through the Bayou Chene ending at
Mile 85.0 on the Intercoastal Waterway Morgan City, LA.
(a) Location. The following area is a safety zone: All waters of
the Bayou Chene beginning at mile 130.0 on the Atchafalaya River
extending north through the Bayou Chene and ending at Mile 85.0 on the
Intercoastal Waterway.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officers operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Morgan City in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16, or through Coast Guard Marine
Safety Unit Morgan City at 985-380-5334. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement periods. This rule is effective from 8:00 a.m. on
January 7, 2016 through 11:59 p.m. on February 29, 2016 or until waters
recede and conditions allow for safe navigation.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcasts notice to
mariners of the enforcement period for the emergency safety zone as
well as any changes in the dates and times of enforcement.
Dated: January 6, 2016.
D.G. McClellan,
Captain, U.S. Coast Guard, Alternate Captain of the Port Morgan City.
[FR Doc. 2016-01631 Filed 1-26-16; 8:45 am]
BILLING CODE 9110-04-P
