Safety Zone; Bayou Teche, Crude Oil Spill; Jeanerette, LA, 19488-19490 [2016-07541]

Download as PDF 19488 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations power shall be in accordance with 28 U.S.C. 2672 and 28 CFR part 1. (e) Legal review of claims. In accordance with 28 CFR 14.5, legal review is required if the amount of a proposed settlement, compromise, or award exceeds $5,000. Any exercise of such power shall be in accordance with 28 U.S.C. 2672 and 28 CFR part 14. (f) Payment of awards. Any award, compromise, or settlement in an amount of $2,500 or less made pursuant to this action will be paid by the Chief Financial Officer out of appropriations available to the National Labor Relations Board. Payment of any award, compromise, or settlement in an amount greater than $2,500 will be paid in accordance with 28 CFR 14.10. (g) Acceptance of payment constitutes release. Acceptance by a claimant, his or her agent or legal representative of any award, compromise, or settlement made pursuant to this part shall be final and conclusive on the claimant, his or her agent or legal representative and any other person on whose behalf or for whose benefit the claim has been submitted, and shall constitute a complete release of any claims against the United States, the National Labor Relations Board, and any employee of the government whose act or omission gave rise to the claim. Dated: March 30, 2016. By direction of the Board. William B. Cowen, Solicitor, National Labor Relations Board. [FR Doc. 2016–07692 Filed 4–4–16; 8:45 am] BILLING CODE 7545–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0040] Drawbridge Operation Regulation; Inner Harbor Navigation Canal, New Orleans, LA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a deviation from the operating schedule that governs the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) bascule bridge across the Inner Harbor Navigation Canal, mile 4.6, at New Orleans, Louisiana. This deviation is necessary to accommodate the rescheduling of the New Orleans Endurance Festival event. This Lhorne on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 13:15 Apr 04, 2016 Jkt 238001 deviation allows the bridge to remain closed to navigation during the event. DATES: This deviation is effective from 7 a.m. through 2 p.m. on May 28, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–0040] is available at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Geri Robinson, Bridge Administration Branch, Coast Guard, telephone (504) 671–2128, email geri.a.robinson@uscg.mil. SUPPLEMENTARY INFORMATION: On February 1, 2016, a United States Coast Guard notice of temporary deviation from drawbridge regulations under the same docket number, USCG–2016–0040, was published in the Federal Register [81 FR 5039]. That temporary deviation resulted from a request made by Premier Event Management, through the Louisiana Department of Transportation and Development (LDOTD), for a deviation from the operating schedule of the Senator Ted Hickey (Leon C. Simon Blvd./Seabrook) bascule bridge across the Inner Harbor Navigation Canal, mile 4.6, at New Orleans, Louisiana. The deviation was requested to accommodate the New Orleans Endurance Festival event, which includes a triathlon, originally scheduled to be held on April 3, 2016. Due to colder than normal weather, the New Orleans Endurance Festival was postponed until May 28, 2016. Therefore, through this document, the Coast Guard issues a temporary deviation for the rescheduled date. The vertical clearance of the bascule span bridge is 46 feet above mean high water in the closed-to-navigation position and unlimited in the open-tonavigation position. The bridge is governed by 33 CFR 117.458(c). This deviation is effective on May 28, 2016, from 7 a.m. through 2 p.m. This deviation allows the bridge to remain closed to navigation for seven (7) hours on the day of the event. Navigation on the waterway consists of small tugs with and without tows, commercial vessels, and recreational craft, including sailboats. Vessels able to pass through the bridge in the closed-to-navigation position may do so at anytime. The bridge will be able to open for emergencies, and there is no immediate alternate route. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge to minimize any impact caused by the temporary deviation. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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. Dated: March 30, 2016. Eric Washburn, Bridge Administrator, Eighth Coast Guard District. [FR Doc. 2016–07702 Filed 4–4–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0263] RIN 1625–AA00 Safety Zone; Bayou Teche, Crude Oil Spill; Jeanerette, LA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on all navigable waters of Bayou Teche from Jeanerette, LA to Linwood, LA. This safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with an 11,550 gallon type III crude oil spill and corresponding response efforts. During the periods of enforcement, entry into and transiting or anchoring within this safety zone is prohibited unless specifically authorized by Captain of the Port (COTP) Morgan City or other designated representative. DATES: This rule is effective without actual notice from April 5, 2016 until April 15, 2016. The rule will be enforced until April 15, 2016, or until emergency spill response efforts are complete, whichever occurs earlier. For the purposes of enforcement, actual notice will be used from March 29, 2016 until April 5, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0263 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade Vanessa Taylor, Chief of Waterways SUMMARY: E:\FR\FM\05APR1.SGM 05APR1 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations Management, U.S. Coast Guard MSU Morgan City 800 David Dr, Morgan City LA,70380; telephone (985) 380–5334, email Vanessa.R.Taylor@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § 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 emergency efforts are required to respond to an oil spill on Bayou Teche. This spill poses an extremely hazardous condition to the public and environment until it is contained and cleaned up. It is impracticable to publish an NPRM because we must establish this safety zone by March 29, 2016. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because immediate action is needed to provide additional safety measures during the spill cleanup to ensure safety of the public and environment. Lhorne on DSK5TPTVN1PROD with RULES III. Legal Authority and Need for Rule The legal basis and authorities for this rule are found in 33 U.S.C. 1231. The purpose of the rule is to establish the necessary temporary safety zone to protect persons, property, and infrastructure from potential damage and safety hazards during emergency response efforts associated with an 11,550 gallon crude oil spill on Bayou Teche. IV. Discussion of the Rule This rule establishes a safety zone from March 29, 2016 through April 15, 2016 or until emergency spill response VerDate Sep<11>2014 13:15 Apr 04, 2016 Jkt 238001 efforts are complete, whichever occurs earlier. The safety zone will cover all navigable waters of Bayou Teche from Jeanerette, LA to Linwood, LA. This safety zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the pollution response and cleanup occur. 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 related to rulemaking. Below we summarize our analyses based on a number of these statutes and executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive orders 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. Executive order 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 executive order 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 traffic during the time-of-year of the safety zone. The safety zone only impacts a small designated area of Bayou Teche Waterway from Jeanerette, LA to Linwood, LA from March 29, 2016 through April 15, 2016 or until emergency spill response efforts are complete, whichever occurs earlier. Additionally, this is a time of year when vessel traffic is normally low. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 informing waterway users of the safety zone and any changes in the schedule. Finally, the rule allows vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 19489 fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under executive order 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 executive order 13132. Also, this rule does not have tribal implications under executive order 13175, Consultation and Coordination with Indian Tribal Governments, E:\FR\FM\05APR1.SGM 05APR1 19490 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations 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 F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting less than 20 days that will prohibit entry in all navigable waters of the Bayou Teche from Jeanerette, LA to Linwood, LA. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. Lhorne on DSK5TPTVN1PROD with RULES 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. 13:15 Apr 04, 2016 Jkt 238001 Harbors, Marine safety, Navigation (waters), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ 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. VerDate Sep<11>2014 List of Subjects in 33 CFR Part 165 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.T08–1121 to read as follows: ■ § 165.T08–1121 Safety Zone; Bayou Teche, Crude Oil Spill; Jeanerette, LA. (a) Location. The following area is a safety zone: All waters of Bayou Teche from Jeanerette, LA to Linwood, LA. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officers operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port (COTP) Morgan City in the enforcement of the safety zones. (c) Regulations. (1) Under the general safety zone regulations in 33 CFR part 165 subpart C, you may not enter the safety zones described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative via VHF–FM channel 16, or through Coast Guard Marine Safety Unit Morgan City at 985–380–5334. Those in the safety zones must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement period. This rule will be enforced from March 29, 2016 through April 15, 2016 or until emergency spill response efforts are complete, whichever occurs earlier. (e) Informational broadcasts. The COTP or a designated representative will inform the public through broadcasts notice to mariners of the enforcement period for the emergency safety zones as well as any changes in the dates and times of enforcement. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Dated: March 29, 2016. D.G. McClellan, Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana. [FR Doc. 2016–07541 Filed 4–4–16; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 9 [EPA–HQ–OPPT–2014–0486; FRL–9943–62] OMB Approvals Under the Paperwork Reduction Act; Technical Amendment Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: In compliance with the Paperwork Reduction Act (PRA), this technical amendment updates the table that lists the Office of Management and Budget (OMB) control numbers issued under PRA for information collection requirements contained in EPA’s regulations that are promulgated in title 40 of the Code of Federal Regulations (CFR). This technical amendment adds new approvals published in the Federal Register since January 8, 2016, and removes expired and terminated approvals. SUMMARY: This final rule is effective April 5, 2016. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2014–0486, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The 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 OPPT Docket is (202) 566–0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Angela Hofmann, Regulatory Coordination Staff (7101M), Office of Chemical Safety and Pollution Prevention, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–0258; email address: hofmann.angela@epa.gov. SUPPLEMENTARY INFORMATION: DATES: E:\FR\FM\05APR1.SGM 05APR1

Agencies

[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Pages 19488-19490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07541]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0263]
RIN 1625-AA00


Safety Zone; Bayou Teche, Crude Oil Spill; Jeanerette, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on all 
navigable waters of Bayou Teche from Jeanerette, LA to Linwood, LA. 
This safety zone is necessary to protect persons, property, and 
infrastructure from potential damage and safety hazards associated with 
an 11,550 gallon type III crude oil spill and corresponding response 
efforts. During the periods of enforcement, entry into and transiting 
or anchoring within this safety zone is prohibited unless specifically 
authorized by Captain of the Port (COTP) Morgan City or other 
designated representative.

DATES: This rule is effective without actual notice from April 5, 2016 
until April 15, 2016. The rule will be enforced until April 15, 2016, 
or until emergency spill response efforts are complete, whichever 
occurs earlier. For the purposes of enforcement, actual notice will be 
used from March 29, 2016 until April 5, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0263 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Vanessa Taylor, Chief of 
Waterways

[[Page 19489]]

Management, U.S. Coast Guard MSU Morgan City 800 David Dr, Morgan City 
LA,70380; telephone (985) 380-5334, email Vanessa.R.Taylor@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 emergency efforts are 
required to respond to an oil spill on Bayou Teche. This spill poses an 
extremely hazardous condition to the public and environment until it is 
contained and cleaned up. It is impracticable to publish an NPRM 
because we must establish this safety zone by March 29, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to provide additional safety measures during 
the spill cleanup to ensure safety of the public and environment.

III. Legal Authority and Need for Rule

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231.
    The purpose of the rule is to establish the necessary temporary 
safety zone to protect persons, property, and infrastructure from 
potential damage and safety hazards during emergency response efforts 
associated with an 11,550 gallon crude oil spill on Bayou Teche.

IV. Discussion of the Rule

    This rule establishes a safety zone from March 29, 2016 through 
April 15, 2016 or until emergency spill response efforts are complete, 
whichever occurs earlier. The safety zone will cover all navigable 
waters of Bayou Teche from Jeanerette, LA to Linwood, LA. This safety 
zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters while the pollution response and 
cleanup occur. 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 related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive orders 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. Executive order 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 executive order 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 traffic during the time-of-year of the safety 
zone. The safety zone only impacts a small designated area of Bayou 
Teche Waterway from Jeanerette, LA to Linwood, LA from March 29, 2016 
through April 15, 2016 or until emergency spill response efforts are 
complete, whichever occurs earlier. Additionally, this is a time of 
year when vessel traffic is normally low. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 
informing waterway users of the safety zone and any changes in the 
schedule. Finally, the rule allows vessels to seek permission to enter 
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under executive order 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 executive order 
13132.
    Also, this rule does not have tribal implications under executive 
order 13175, Consultation and Coordination with Indian Tribal 
Governments,

[[Page 19490]]

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 20 days that will 
prohibit entry in all navigable waters of the Bayou Teche from 
Jeanerette, LA to Linwood, LA. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (waters), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T08-1121 to read as follows:


Sec.  165.T08-1121  Safety Zone; Bayou Teche, Crude Oil Spill; 
Jeanerette, LA.

    (a) Location. The following area is a safety zone: All waters of 
Bayou Teche from Jeanerette, LA to Linwood, LA.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officers operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port (COTP) Morgan City in the enforcement of the safety 
zones.
    (c) Regulations. (1) Under the general safety zone regulations in 
33 CFR part 165 subpart C, you may not enter the safety zones described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Marine 
Safety Unit Morgan City at 985-380-5334. Those in the safety zones must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This rule will be enforced from March 29, 
2016 through April 15, 2016 or until emergency spill response efforts 
are complete, whichever occurs earlier.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcasts notice to 
mariners of the enforcement period for the emergency safety zones as 
well as any changes in the dates and times of enforcement.

    Dated: March 29, 2016.
D.G. McClellan,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2016-07541 Filed 4-4-16; 8:45 am]
 BILLING CODE 9110-04-P