Special Local Regulation; Atchafalaya River, Morgan City, LA, 63416-63418 [2016-22200]
Download as PDF
<![CDATA[
63416
Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations
The values of it are:
For valuation dates occurring in the month—
for t =
it
*
*
*
October–December 2016 .................................................
it
for t =
1–20
*
0.0267
>20
*
0.0198
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
MM Mile Marker
Issued in Washington, DC, by
Judith Starr,
General Counsel, Pension Benefit Guaranty
Corporation.
[FR Doc. 2016–22172 Filed 9–14–16; 8:45 am]
BILLING CODE 7709–02–P
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0757]
RIN 1625–AA08
Special Local Regulation; Atchafalaya
River, Morgan City, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
for all navigable waters, near mile
marker 4.5 of the Morgan City Port
Allen route to extend north and south
1000 feet of Russo’s boat launch on the
Atchafalaya River. The special local
regulation is necessary to protect
participants and spectators from the
hazards associated with the Battle of the
Basin power boat race. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Morgan City or a
designated representative.
DATES: This rule is effective from 10
a.m. on September 24, 2016 through 7
p.m. September 25, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0757 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, contact
LTJG Vanessa Taylor, Marine Safety
Unit Morgan City, U.S. Coast Guard;
telephone 985–380–5334, email
Vanessa.R.Taylor@uscg.mil.
SUPPLEMENTARY INFORMATION:
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
VerDate Sep<11>2014
14:38 Sep 14, 2016
Jkt 238001
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 the
Coast Guard did not receive notice of
the request until July 25, 2016.
Completing the NPRM process would
delay the immediate action needed to
protect spectators and vessels from
hazards associated with the boat races.
It is impracticable to publish an NPRM
because we must establish this special
local regulation by September 24, 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.
Providing 30 days notice for this
occurrence would unnecessarily delay
the effective date and would be
impracticable based on the limited time
frame, as well as be contrary to public
interest because immediate action is
needed to protect spectators from the
potential safety hazards associated with
the high speed boat races.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Morgan City (COTP)
has determined that potential hazards
associated with the combination of
recreational and commercial vessels and
a high speed boat racing event starting
at 10 a.m. and lasting until 7 p.m. on
September 24, 2016 and September 25,
2016 is a safety concern for anyone
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
it
*
for t =
*
N/A
N/A
within this area. This rule is needed to
help ensure the safety of persons and
recreational boats during the event on
the navigable waters within the special
local regulation.
IV. Discussion of the Rule
This rule establishes a special local
regulation that will be enforced from 10
a.m. until 7 p.m. on September 24, 2016
and September 25, 2016. The special
local regulation will cover all navigable
waters near mile marker 4.5 on the
Morgan City Port Allen alternate route
extending 1000 feet north and south
from Russo’s boat launch in Morgan
City. The duration of the zone is
intended to protect spectators, vessels,
and the marine environment in these
navigable waters while the speed races
occur. No vessel or person will be
permitted to enter the special local
regulation 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 specific times of enforcement for
the special local regulation. The limited
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters while the high speed boat races
E:\FR\FM\15SER1.SGM
15SER1
Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations
are being conducted. This special local
regulation will be relatively small and
enforced over two days. Under certain
conditions, moreover, vessels may still
transit through the special local
regulation when permitted by the COTP
or a designated representative.
No vessel or person will be permitted
to enter the special local regulation
without obtaining permission from the
COTP or a designated representative.
The Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission to
enter the zone.
rmajette on DSK2TPTVN1PROD with RULES
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 special
local regulation 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
VerDate Sep<11>2014
14:38 Sep 14, 2016
Jkt 238001
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,
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
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
63417
environment. This rule involves a
special local regulation lasting less than
2 days that will prohibit entry into or
transit through the speed boat race
course located at mile marker 4.5 of the
Morgan City Port Allen Alternate route
in Morgan City, LA. It is categorically
excluded from further review under
paragraph 34(h) 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
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, 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:
■
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.T08–0757 to read as
follows:
■
§ 165.T35–0757 Special local regulation;
Atchafalaya River, Morgan City, LA.
(a) Location. The following area is a
special local regulation: All waters of
the Atchafalaya River near mile marker
4.5 of the Morgan City Port Allen route
to extend north and south 1000 feet
from Russo’s boat launch.
(b) Enforcement period. This special
local regulation will be enforced from
10 a.m. until 7 p.m. on September 24,
2016 and on September 25, 2016.
(c) Regulations. (1) In accordance with
the general regulations of this part, entry
into this zone is prohibited unless
specifically authorized by the COTP or
designated personnel. Persons or vessels
desiring to enter into or pass through
the zone must request permission from
E:\FR\FM\15SER1.SGM
15SER1
63418
Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations
the COTP or a designated
representative. They may be contacted
on VHF–FM radio channel 13 and 16 or
phone at 985–380–5373.
(2) Persons and vessels permitted to
deviate from this special local
regulation and enter the restricted area
must transit at the slowest safe speed
and comply with all lawful directions
issued by the COTP or the designated
representative.
(d) Informational broadcasts. The
COTP Morgan City or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the special
local regulation as well as any changes
in the dates and times of enforcement.
Dated: September 6, 2016.
J.H. Miller,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Morgan City, Louisiana.
[FR Doc. 2016–22200 Filed 9–14–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0791]
RIN 1625–AA00
Safety Zone; Navy UNDET, Apra Outer
Harbor, GU
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 700-yard
radius on the surface and 1400-yard
radius underwater of the Navy
underwater detonation operations in the
waters of Apra Outer Harbor, Guam. The
Coast Guard believes this safety zone
regulation is necessary to protect all
persons and vessel that would otherwise
transit or be within the affected areas
from possible safety hazards associated
with underwater detonation operations.
Entry of vessels or persons into these
zones is prohibited unless specifically
authorized by the Captain of the Port
Guam.
SUMMARY:
This rule is effective without
actual notice from September 15, 2016
until September 16, 2016. For the
purposes of enforcement, actual notice
will be used from September 13, 2016,
until September 15, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
rmajette on DSK2TPTVN1PROD with RULES
DATES:
VerDate Sep<11>2014
14:38 Sep 14, 2016
Jkt 238001
www.regulations.gov, type USCG–2016–
0791 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 Chief Kristina Gauthier, Sector
Guam, U.S. Coast Guard; telephone
(671) 355–4866, email
Kristina.M.Gauthier@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 doing
so would be impracticable and contrary
to public interest. The final details for
this event were not known to the Coast
Guard until there was insufficient time
remaining before the operation to
publish an NPRM. Thus, delaying the
effective dates of this rule to wait for a
comment period to run would be
impracticable because it would inhibit
the Coast Guard’s ability to protect
vessels and waterway users from the
hazards associated with this operation.
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. Due
to the late notice and inherent danger in
underwater detonation exercises,
delaying the effective period of this
safety zone would be contrary to public
interest.
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 Guam has
determined that potential hazards
associated with the U.S. Navy training
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
exercise, which include detonation of
underwater explosives on September
13–16, 2016, will be a safety concern for
anyone within a 700-yard radius on the
surface and 1400-yard radius
underwater of the operation. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
during the exercise. Mariners and divers
approaching too close to such exercises
could potentially expose themselves to
flying debris or other hazardous
conditions.
IV. Discussion of the Rule
The safety zone will cover all
navigable waters within 700-yards on
the surface and 1400-yards underwater
of vessels and machinery being used by
the Navy. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters during the underwater
detonation exercise. No vessel or person
will be permitted to enter the safety
zones without obtaining permission
from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive order 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 time-of-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
waters in Apra Outer Harbor for 8 hours.
Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone
and the rule allows vessels to seek
permission to enter the zone.
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Rules and Regulations]
[Pages 63416-63418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22200]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0757]
RIN 1625-AA08
Special Local Regulation; Atchafalaya River, Morgan City, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a special local regulation for
all navigable waters, near mile marker 4.5 of the Morgan City Port
Allen route to extend north and south 1000 feet of Russo's boat launch
on the Atchafalaya River. The special local regulation is necessary to
protect participants and spectators from the hazards associated with
the Battle of the Basin power boat race. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Morgan City or a designated representative.
DATES: This rule is effective from 10 a.m. on September 24, 2016
through 7 p.m. September 25, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0757 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,
contact LTJG Vanessa Taylor, Marine Safety Unit Morgan City, U.S. Coast
Guard; 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
MM Mile Marker
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 the Coast Guard did not receive
notice of the request until July 25, 2016. Completing the NPRM process
would delay the immediate action needed to protect spectators and
vessels from hazards associated with the boat races. It is
impracticable to publish an NPRM because we must establish this special
local regulation by September 24, 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. Providing 30 days
notice for this occurrence would unnecessarily delay the effective date
and would be impracticable based on the limited time frame, as well as
be contrary to public interest because immediate action is needed to
protect spectators from the potential safety hazards associated with
the high speed boat races.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Morgan City (COTP) has determined that
potential hazards associated with the combination of recreational and
commercial vessels and a high speed boat racing event starting at 10
a.m. and lasting until 7 p.m. on September 24, 2016 and September 25,
2016 is a safety concern for anyone within this area. This rule is
needed to help ensure the safety of persons and recreational boats
during the event on the navigable waters within the special local
regulation.
IV. Discussion of the Rule
This rule establishes a special local regulation that will be
enforced from 10 a.m. until 7 p.m. on September 24, 2016 and September
25, 2016. The special local regulation will cover all navigable waters
near mile marker 4.5 on the Morgan City Port Allen alternate route
extending 1000 feet north and south from Russo's boat launch in Morgan
City. The duration of the zone is intended to protect spectators,
vessels, and the marine environment in these navigable waters while the
speed races occur. No vessel or person will be permitted to enter the
special local regulation 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 specific times of enforcement for the special
local regulation. The limited duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the high speed boat races
[[Page 63417]]
are being conducted. This special local regulation will be relatively
small and enforced over two days. Under certain conditions, moreover,
vessels may still transit through the special local regulation when
permitted by the COTP or a designated representative.
No vessel or person will be permitted to enter the special local
regulation without obtaining permission from the COTP or a designated
representative. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and 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
special local regulation 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, 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 a special local regulation lasting less than 2 days that
will prohibit entry into or transit through the speed boat race course
located at mile marker 4.5 of the Morgan City Port Allen Alternate
route in Morgan City, LA. It is categorically excluded from further
review under paragraph 34(h) 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
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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.T08-0757 to read as follows:
Sec. 165.T35-0757 Special local regulation; Atchafalaya River, Morgan
City, LA.
(a) Location. The following area is a special local regulation: All
waters of the Atchafalaya River near mile marker 4.5 of the Morgan City
Port Allen route to extend north and south 1000 feet from Russo's boat
launch.
(b) Enforcement period. This special local regulation will be
enforced from 10 a.m. until 7 p.m. on September 24, 2016 and on
September 25, 2016.
(c) Regulations. (1) In accordance with the general regulations of
this part, entry into this zone is prohibited unless specifically
authorized by the COTP or designated personnel. Persons or vessels
desiring to enter into or pass through the zone must request permission
from
[[Page 63418]]
the COTP or a designated representative. They may be contacted on VHF-
FM radio channel 13 and 16 or phone at 985-380-5373.
(2) Persons and vessels permitted to deviate from this special
local regulation and enter the restricted area must transit at the
slowest safe speed and comply with all lawful directions issued by the
COTP or the designated representative.
(d) Informational broadcasts. The COTP Morgan City or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the special local regulation as
well as any changes in the dates and times of enforcement.
Dated: September 6, 2016.
J.H. Miller,
Commander, U.S. Coast Guard, Acting Captain of the Port, Morgan City,
Louisiana.
[FR Doc. 2016-22200 Filed 9-14-16; 8:45 am]
BILLING CODE 9110-04-P
