[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]


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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.

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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 http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this 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 <a href="/cdn-cgi/l/email-protection#76220f04191813583a583519181813043603051511581b1f1a"><span class="__cf_email__" data-cfemail="b7e3cec5d8d9d299fb99f4d8d9d9d2c5f7c2c4d4d099dadedb">[email protected]</span></a>.

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:
    <bullet> 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.
    <bullet> 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


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