Safety Zone; Transit Restrictions, Lower Mississippi River Mile Marker 311.0-319.0, 4586-4588 [2016-01632]
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4586
Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations
§ 515.575
organizers of such activities are
authorized, provided that the event is
open for attendance, and in relevant
situations participation, by the Cuban
public.
Example 1 to § 515.567(a) and (b): An
amateur baseball team wishes to travel to
Cuba to compete against a Cuban team in a
baseball game in Cuba. The game will not be
held under the auspices of the international
sports federation for baseball. The baseball
team’s activities therefore would not qualify
for the general license in paragraph (a). The
game will, however, be open to the Cuban
public. The baseball team’s activities would
qualify for the general license in paragraph
(b).
Example 2 to § 515.567(a) and (b): A U.S.
concert promoter wishes to organize a
musical event in Cuba that would be open to
the public and feature U.S. musical groups.
The organizing of the musical event in Cuba
by the U.S. concert promoter and the
participation by U.S. musical groups in the
event would qualify for the general license in
paragraph (b).
*
*
*
*
*
Note 2 to § 515.567(a) and (b): Transactions
incident to the organization of amateur and
semi-professional international sports
federation competitions and public
performances, clinics, workshops, other
athletic or non-athletic competitions, and
exhibitions include marketing related to such
events in Cuba.
*
*
*
*
*
■ 8. Amend § 515.572 by revising
paragraph (a)(2) and the introductory
text to the Note to § 515.572 to read as
follows:
§ 515.572 Authorization to provide travel
services, carrier services, and remittance
forwarding services.
asabaliauskas on DSK5VPTVN1PROD with RULES
Humanitarian projects.
*
(a) * * *
(2) Authorization to provide carrier
services. (i) Persons subject to U.S.
jurisdiction are authorized to provide
carrier services to, from, or within Cuba
in connection with travel or
transportation, directly or indirectly,
between the United States and Cuba of
persons, baggage, or cargo authorized
pursuant to this part.
(ii) The entry into blocked space,
code-sharing, or leasing arrangements to
facilitate the provision of carrier
services by air authorized pursuant to
section 515.572(a)(2) is authorized,
including the entry into such
arrangements with a national of Cuba.
*
*
*
*
*
*
*
*
*
(b) Authorized humanitarian projects.
The following projects are authorized by
paragraph (a) of this section: Medical
and health-related projects; construction
projects intended to benefit legitimately
independent civil society groups;
disaster preparedness, relief, and
response; historical preservation;
environmental projects; projects
involving formal or non-formal
educational training, within Cuba or offisland, on the following topics:
Entrepreneurship and business, civil
education, journalism, advocacy and
organizing, adult literacy, or vocational
skills; community-based grassroots
projects; projects suitable to the
development of small-scale private
enterprise; projects that are related to
agricultural and rural development that
promote independent activity;
microfinancing projects, except for
loans, extensions of credit, or other
financing prohibited by § 515.208; and
projects to meet basic human needs.
*
*
*
*
*
[Docket Number USCG–2016–0023]
RIN 1625–AA00
Safety Zone; Transit Restrictions,
Lower Mississippi River Mile Marker
311.0–319.0
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
BILLING CODE 4810–AL–P
I. Table of Abbreviations
§ 515.584 Certain financial transactions
involving Cuba.
*
*
*
*
*
(f) Depository institutions, as defined
in § 515.333, are authorized to provide
financing for exports or reexports of
items, other than agricultural items or
commodities, authorized pursuant to
§ 515.533, including issuing, advising,
negotiating, paying, or confirming
letters of credit (including letters of
credit issued by a financial institution
that is a national of Cuba), accepting
collateral for issuing or confirming
letters of credit, and processing
documentary collections.
Dated: January 21, 2016.
John E. Smith,
Acting Director, Office of Foreign Assets
Control.
*
*
*
*
9. Amend § 515.575 by revising
paragraph (b) to read as follows:
PO 00000
SUMMARY:
AHP Above head of passes
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
§ Section
U.S.C. United States Code
COTP Captain of the Port
LMR Lower Mississippi River
USACE U.S. Army Corps of Engineers
■
Jkt 238001
33 CFR Part 165
[FR Doc. 2016–01559 Filed 1–26–16; 8:45 am]
10. Amend § 515.584 by adding
paragraph (f) to read as follows:
■
*
16:58 Jan 26, 2016
Coast Guard
The Coast Guard is extending
an established safety zone for
emergency purposes for all waters of the
Lower Mississippi River (LMR),
extending the entire width from mile
311.0 to mile 319.0 above head of passes
(AHP). This emergency safety zone is
needed to protect persons, property and
flood control infrastructure from the
potential safety hazards associated with
vessels underway transiting this area.
Deviation from the safety zone is
prohibited unless specifically
authorized by the Captain of the Port
Lower Mississippi River or a designated
representative.
DATES: This rule is effective without
actual notice from January 27, 2016
until 11:59 p.m. on February 1, 2016.
For the purposes of enforcement, actual
notice will be used from 12:01 a.m. on
January 9, 2016 until January 27, 2016.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2016–0023]. To view documents
mentioned in this preamble as being
available in the docket, go to 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
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Tyrone L. Conner, U.S. Coast
Guard; telephone 901–521–4825, email
Tyrone.L.Conner@uscg.mil.
SUPPLEMENTARY INFORMATION:
Note to § 515.572: The following persons
may be transported, directly or indirectly,
between the United States and Cuba by a
person authorized to provide carrier services:
VerDate Sep<11>2014
DEPARTMENT OF HOMELAND
SECURITY
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Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations
II. Background Information and
Regulatory History
This temporary rule extends the
location for the safety zone under 33
CFR 165.802, which provides for a
safety zone on the Lower Mississippi
River extending from mile 311.5 to
316.1 AHP. This temporary rule extends
that location to mile 311 to 319 AHP for
emergency purposes responding to high
water. 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 persons, property and flood
control infrastructure from the potential
safety hazards associated with vessels
underway transiting this area.
Completing the full NPRM process is
impracticable and contrary to the public
interest because we must establish this
safety zone in response to increasing
high water and possible flood and high
water operations taking place between
January 9 and February 1, 2016.
Completing the NPRM process would
delay the additional safety measures
necessary to protect persons, property
and flood control infrastructure from the
hazards associated with vessels
underway.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be impracticable and contrary to
the public interest because we must
establish this safety zone in response to
increasing high water and possible
emergency operations taking place
between January 9 and February 1,
2016.
asabaliauskas on DSK5VPTVN1PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231.
The Coast Guard received notification
from the New Orleans District, Army
Corps of Engineers that there is a high
possibility that flood control
infrastructure from mile 311.0 to mile
319.0 AHP on the Mississippi River will
sustain damage if immediate action isn’t
VerDate Sep<11>2014
16:58 Jan 26, 2016
Jkt 238001
taken to reduce the effects of normal
traffic patterns during high water.
Additionally, if the flood control
infrastructure is sufficiently weakened
by resulting effects of high water during
this period it could fail. Loss of this
section of the main line infrastructure
system would be catastrophic to large
sections of Louisiana. The COTP Lower
Mississippi River is establishing this
safety zone as an extension of the
established regulation at 33 CFR
165.802, effective from 12:01 a.m.
January 9, 2016 to 11:59 p.m. February
1, 2016 or until the river flood levels
decrease, whichever occurs earlier.
IV. Discussion of the Rule
The Coast Guard is extending the
location for the safety under 33 CFR
165.802 for emergency high water
response purposes. As established, 33
CFR 165.802 provides for a safety zone
as follows:
• The area enclosed by the following
boundary is a safety zone—from the
Black Hawk Point Light, mile 316.1
AHP LMR to a point opposite Ft. Adams
Light, mile 311.5 AHP along the low
water reference plane above the right
descending bank; thence to the levee on
a line perpendicular to the channel
centerline; thence along the levee to the
upstream end of the Old River Overbank
structure; thence along a line to the
Black Hawk Point Light.
• Any vessel desiring to enter this
safety zone must first obtain permission
from the Captain of the Port, New
Orleans. The resident engineer at Old
River Control Structure (WUG–424) is
delegated the authority to permit entry
into this safety zone.
This rule extends the published
location to mile 311.0 to mile 319.0
AHP, extending the entire width of the
river and is effective from 12:01 a.m.
January 9, 2016 through 11:59 p.m. on
February 1, 2016 or until the river flood
levels decrease, whichever occurs
earlier.
Entry into this zone is prohibited
unless permission has been granted by
the COTP Lower Mississippi or a
designated representative or by the
authority as delegated in 33 CFR
165.802. Broadcast Notice to Mariners
(BNM) will provide any changes in the
schedule for this safety zone. Deviation
requests will be considered and
reviewed on a case-by-case basis. The
COTP Lower Mississippi River may be
contacted by telephone at 1–866–777–
2784 or can be reached by VHF–FM
channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
PO 00000
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4587
executive orders 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, duration,
and time-of-year of the safety zone. This
emergency safety zone will restrict
navigation on the Mississippi River
from mile 311.0 to mile 319.0 AHP in
the vicinity of Ft. Adams Light and
Black Hawk Point Light from 12:01 p.m.
January 9, 2016 through 11:59 p.m. on
February 1, 2016, or until the river flood
levels decrease, whichever occurs
earlier. Notifications to the marine
community will be made through BNM,
LNM, and communications with local
waterway users. Notices of changes to
the safety zone and effective times will
also be made. Additionally, deviation
requests may be made and will be
considered and reviewed on a case-bycase basis.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
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Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations
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.
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).
asabaliauskas on DSK5VPTVN1PROD with RULES
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
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16:58 Jan 26, 2016
Jkt 238001
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 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 311.0 to mile 319.0 AHP. 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:
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
specifically authorized by the COTP
Lower Mississippi River or a designated
representative.
(2) Any vessel desiring to enter this
safety zone must first obtain permission
from the Captain of the Port, New
Orleans. They may be contacted on
VHF–FM Channel 16 or by telephone at
866–777–2784. The resident engineer at
Old River Control Structure (WUG–424)
is delegated the authority to permit
entry into this safety zone.
(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. 2016–01632 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–2016–0014]
RIN 1625–AA00
Safety Zone; Transit Restrictions,
Lower Mississippi River Mile Marker
365.0—361.0
Coast Guard, DHS.
Temporary final rule.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
1. The authority citation for part 165
continues to read as follows:
SUMMARY:
■
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. A new temporary § 165.T08–0023 is
added to read as follows:
■
§ 165.T08–0023 Safety Zone; Mississippi
River, Mile Marker 365.0 to 354.0.
(a) Location. The following area is an
emergency safety zone: All waters of the
Mississippi River between mile 311.0
and mile 319.0, extending the entire
width of the river.
(b) Enforcement date. This rule is
effective from 12:01 a.m. on January 9,
2016 through 11:59 p.m. on February 1,
2015, or until the river flood levels
decrease, whichever occurs earlier.
PO 00000
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ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Lower Mississippi
River (LMR), extending the entire width
from mile 365.0 to mile 361.0. This
safety zone is needed to protect persons,
property and flood control
infrastructure from the potential safety
hazards associated with the wake from
vessels underway transiting this area.
Deviation from the safety zone is
prohibited unless specifically
authorized by the Captain of the Port
Lower Mississippi River or a designated
representative.
DATES: This rule is effective without
actual notice from January 27, 2016
until 11:59 p.m. on February 1, 2016.
For the purposes of enforcement, actual
notice will be used from 12:01 a.m. on
January 10, 2016 until January 27, 2016.
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]]>Agencies
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4586-4588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01632]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0023]
RIN 1625-AA00
Safety Zone; Transit Restrictions, Lower Mississippi River Mile
Marker 311.0-319.0
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending an established safety zone for
emergency purposes for all waters of the Lower Mississippi River (LMR),
extending the entire width from mile 311.0 to mile 319.0 above head of
passes (AHP). This emergency safety zone is needed to protect persons,
property and flood control infrastructure from the potential safety
hazards associated with vessels underway transiting this area.
Deviation from the safety zone is prohibited unless specifically
authorized by the Captain of the Port Lower Mississippi River or a
designated representative.
DATES: This rule is effective without actual notice from January 27,
2016 until 11:59 p.m. on February 1, 2016. For the purposes of
enforcement, actual notice will be used from 12:01 a.m. on January 9,
2016 until January 27, 2016.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2016-0023]. To view documents mentioned in this preamble as being
available in the docket, go to 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 rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Tyrone L. Conner, U.S. Coast Guard; telephone 901-521-
4825, email Tyrone.L.Conner@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AHP Above head of passes
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
COTP Captain of the Port
LMR Lower Mississippi River
USACE U.S. Army Corps of Engineers
[[Page 4587]]
II. Background Information and Regulatory History
This temporary rule extends the location for the safety zone under
33 CFR 165.802, which provides for a safety zone on the Lower
Mississippi River extending from mile 311.5 to 316.1 AHP. This
temporary rule extends that location to mile 311 to 319 AHP for
emergency purposes responding to high water. 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
persons, property and flood control infrastructure from the potential
safety hazards associated with vessels underway transiting this area.
Completing the full NPRM process is impracticable and contrary to the
public interest because we must establish this safety zone in response
to increasing high water and possible flood and high water operations
taking place between January 9 and February 1, 2016. Completing the
NPRM process would delay the additional safety measures necessary to
protect persons, property and flood control infrastructure from the
hazards associated with vessels underway.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be impracticable and contrary to the public
interest because we must establish this safety zone in response to
increasing high water and possible emergency operations taking place
between January 9 and February 1, 2016.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231.
The Coast Guard received notification from the New Orleans
District, Army Corps of Engineers that there is a high possibility that
flood control infrastructure from mile 311.0 to mile 319.0 AHP on the
Mississippi River will sustain damage if immediate action isn't taken
to reduce the effects of normal traffic patterns during high water.
Additionally, if the flood control infrastructure is sufficiently
weakened by resulting effects of high water during this period it could
fail. Loss of this section of the main line infrastructure system would
be catastrophic to large sections of Louisiana. The COTP Lower
Mississippi River is establishing this safety zone as an extension of
the established regulation at 33 CFR 165.802, effective from 12:01 a.m.
January 9, 2016 to 11:59 p.m. February 1, 2016 or until the river flood
levels decrease, whichever occurs earlier.
IV. Discussion of the Rule
The Coast Guard is extending the location for the safety under 33
CFR 165.802 for emergency high water response purposes. As established,
33 CFR 165.802 provides for a safety zone as follows:
The area enclosed by the following boundary is a safety
zone--from the Black Hawk Point Light, mile 316.1 AHP LMR to a point
opposite Ft. Adams Light, mile 311.5 AHP along the low water reference
plane above the right descending bank; thence to the levee on a line
perpendicular to the channel centerline; thence along the levee to the
upstream end of the Old River Overbank structure; thence along a line
to the Black Hawk Point Light.
Any vessel desiring to enter this safety zone must first
obtain permission from the Captain of the Port, New Orleans. The
resident engineer at Old River Control Structure (WUG-424) is delegated
the authority to permit entry into this safety zone.
This rule extends the published location to mile 311.0 to mile
319.0 AHP, extending the entire width of the river and is effective
from 12:01 a.m. January 9, 2016 through 11:59 p.m. on February 1, 2016
or until the river flood levels decrease, whichever occurs earlier.
Entry into this zone is prohibited unless permission has been
granted by the COTP Lower Mississippi or a designated representative or
by the authority as delegated in 33 CFR 165.802. Broadcast Notice to
Mariners (BNM) will provide any changes in the schedule for this safety
zone. Deviation requests will be considered and reviewed on a case-by-
case basis. The COTP Lower Mississippi River may be contacted by
telephone at 1-866-777-2784 or can be reached by VHF-FM channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders 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, duration, and time-of-year of the safety zone. This emergency
safety zone will restrict navigation on the Mississippi River from mile
311.0 to mile 319.0 AHP in the vicinity of Ft. Adams Light and Black
Hawk Point Light from 12:01 p.m. January 9, 2016 through 11:59 p.m. on
February 1, 2016, or until the river flood levels decrease, whichever
occurs earlier. Notifications to the marine community will be made
through BNM, LNM, and communications with local waterway users. Notices
of changes to the safety zone and effective times will also be made.
Additionally, deviation requests may be made and will be considered and
reviewed on a case-by-case basis.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in
[[Page 4588]]
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.
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 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 311.0 to mile 319.0 AHP. 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
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. A new temporary Sec. 165.T08-0023 is added to read as follows:
Sec. 165.T08-0023 Safety Zone; Mississippi River, Mile Marker 365.0
to 354.0.
(a) Location. The following area is an emergency safety zone: All
waters of the Mississippi River between mile 311.0 and mile 319.0,
extending the entire width of the river.
(b) Enforcement date. This rule is effective from 12:01 a.m. on
January 9, 2016 through 11:59 p.m. on February 1, 2015, or until the
river flood levels decrease, whichever occurs earlier.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless specifically
authorized by the COTP Lower Mississippi River or a designated
representative.
(2) Any vessel desiring to enter this safety zone must first obtain
permission from the Captain of the Port, New Orleans. They may be
contacted on VHF-FM Channel 16 or by telephone at 866-777-2784. The
resident engineer at Old River Control Structure (WUG-424) is delegated
the authority to permit entry into this safety zone.
(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. 2016-01632 Filed 1-26-16; 8:45 am]
BILLING CODE 9110-04-P
