4590 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under E.O. 13132, Federalism, if it has 

a substantial direct effect on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this rule under that Order and have 

determined that it is consistent with the 

fundamental federalism principles and 

preemption requirements described in 

E.O. 13132. 

Also, this rule does not have tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 

temporary safety zone that will prohibit 

entry into this zone unless permission 

has been granted by the COTP Lower 

Mississippi or a designated 

representative on the Mississippi River 

mile 365.0 to mile 361.0. It is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. A new temporary § 165.T08–0014 is 

added to read as follows: 

§ 165.T08–0014 Safety Zone; Mississippi 

River, Mile Marker 365.0 to 354.0. 

(a) Location. The following area is a 

temporary safety zone: all waters of the 

Mississippi River between mile 365.0 

and mile 361.0, extending the entire 

width of the river. 

(b) Effective date. This rule is effective 

from 12:01 a.m. on January 10, 2016 

through 11:59 p.m. on February 1, 2015, 

or until the river reading levels is 55 feet 

and falling at the Natchez, MS river 

gauge, whichever occurs earlier. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

specifically authorized by the COTP 

Lower Mississippi River or a designated 

representative. 

(2) Persons or vessels desiring to enter 

into or pass through the zone must 

request permission from the COTP 

Lower Mississippi River or a designated 

representative. They may be contacted 

on VHF–FM channel 16 or by telephone 

at 866–777–2784 for COTP Lower 

Mississippi River. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP Lower 

Mississippi River or designated 

representative. 

(d) Informational broadcasts. The 

COTP Lower Mississippi River or a 

designated representative will inform 

the public through broadcast notices to 

mariners of the enforcement period for 

the emergency safety zone as well as 

any changes in the dates and times of 

enforcement. 

Dated: January 7, 2016. 

T.J. Wendt, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lower Mississippi River. 

[FR Doc. 2016–01637 Filed 1–26–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–0016] 

RIN 1625–AA00 

Safety Zone; Bayou Chene Beginning 

at Mile 130.0 on the Atchafalaya River 

Extending Through the Bayou Chene 

Ending at Mile 85.0 on the Intercoastal 

Waterway Morgan City, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary emergency 

safety zone for all waters of the Bayou 

Chene beginning at mile 130.0 on the 

Atchafalaya River extending north 

through the Bayou Chene and ending at 

Mile 85.0 on the Intercoastal Waterway. 

The emergency safety zone is needed to 

protect persons, property, and 

infrastructure from potential damage 

and safety hazards associated with high 

waters. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Morgan City (COTP). Deviation 

from the safety zone may be requested 

and will be considered on a case-by-case 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 4591 

basis as specifically authorized by the 

COTP or a designated representative. 

DATES: This rule is effective without 

actual notice from January 27, 2016 

until 11:59 p.m. on February 29, 2016. 

For the purposes of enforcement, actual 

notice will be used from 8:00 a.m. on 

January 7, 2016 until January 27, 2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0016 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LTJG Vanessa Taylor, Chief of 

Waterways, U.S. Coast Guard; telephone 

985–380–5334, email 

Vanessa.R.Taylor@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

BNM Broadcast Notice to Mariners 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because there 

is immediate need for additional safety 

measures due to the increased safety 

risks caused by high waters on the 

Atchafalaya River that result in back 

flooding through five surrounding 

parishes. On January 5, 2016, the Coast 

Guard determined that immediate 

action is necessary to establish an 

emergency safety zone to protect life 

and property from the hazards 

associated with and resulting from high 

waters. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by January 7, 2016. 

Broadcast Notices to Mariners (BNM) 

and information sharing with waterway 

users will update mariners of 

enforcement times and any changes to 

the schedule during this emergency 

situation. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. 

Providing 30 days notice would be 

contrary to public interest because 

immediate action is needed to protect 

life and property from the hazards 

associated with and resulting from high 

waters. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Morgan City 

determined that potential hazards 

associated with and resulting from high 

waters and potential back flooding in 

surrounding areas require additional 

safety measures. This rule establishes a 

temporary emergency safety zone 

beginning at mile 130.0 on the 

Atchafalaya River extending north 

through the Bayou Chene and ending at 

Mile 85.0 on the Intercoastal Waterway 

to protect those operating in the area 

and assist the Coast Guard in 

maintaining navigational safety. 

IV. Discussion of the Rule 

The Coast Guard is establishing a 

temporary emergency safety zone 

prohibiting access to the Bayou Chene 

extending the entire length of the 

waterway of the rivers beginning at 8:00 

a.m. on January 7, 2016, through 

February 29, 2016, or until waters 

recede and conditions allow for safe 

navigation, whichever occurs earlier. 

Deviation from the emergency safety 

zone may be requested and will be 

considered on a case-by-case basis as 

specifically authorized by the COTP or 

a designated representative. Deviation 

requests will be considered and 

reviewed on a case-by-case basis. The 

COTP may be contacted by telephone at 

985–380–5375 or can be reached by 

VHF–FM channel 16. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders (E.O.s) related to 

rulemaking. Below we summarize our 

analyses based on a number of these 

statutes and E.O.s, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

E.O.s 12866 and 13563 direct agencies 

to assess the costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits. E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under E.O. 12866. Accordingly, 

it has not been reviewed by the Office 

of Management and Budget. This rule 

establishes a temporary emergency 

safety zone placing restrictions on 

vessels transiting the Bayou Chene. 

Notifications of enforcement times and 

any changes to the schedule will be 

communicated to the marine 

community via BNM. The impacts on 

navigation will be limited to ensure the 

safety of mariners and vessels during 

hazardous conditions associated with 

high waters. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A. above, 

this rule will not have significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 


asabaliauskas on DSK5VPTVN1PROD with RULES
4592 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under E.O. 13132, Federalism, if it has 

a substantial direct effect on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this rule under that Order and have 

determined that it is consistent with the 

fundamental federalism principles and 

preemption requirements described in 

E.O. 13132. 

Also, this rule does not have tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves an 

emergency safety measure limiting 

access to the area described as the 

Bayou Chene beginning at mile 130.0 on 

the Atchafalaya River extending north 

through the Bayou Chene and ending at 

Mile 85.0 of the Intercoastal Waterway. 

This emergency situation requires a 

safety zone lasting longer than one week 

so a preliminary environmental analysis 

checklist and a categorical exclusion 

determination are being prepared and 

will be made available as indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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.T08–0016 to read as 

follows: 

§ 165.T08–0016 Safety Zone; Bayou 

Chene, beginning at mile 130.0 on the 

Atchafalaya River extending through the 

Bayou Chene ending at Mile 85.0 on the 

Intercoastal Waterway Morgan City, LA. 

(a) Location. The following area is a 

safety zone: All waters of the Bayou 

Chene beginning at mile 130.0 on the 

Atchafalaya River extending north 

through the Bayou Chene and ending at 

Mile 85.0 on the Intercoastal Waterway. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officers 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port (COTP) Morgan City in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16, 

or through Coast Guard Marine Safety 

Unit Morgan City at 985–380–5334. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement periods. This rule is 

effective from 8:00 a.m. on January 7, 

2016 through 11:59 p.m. on February 

29, 2016 or until waters recede and 

conditions allow for safe navigation. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcasts notice to mariners of the 

enforcement period for the emergency 

safety zone as well as any changes in the 

dates and times of enforcement. 

Dated: January 6, 2016. 

D.G. McClellan, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Morgan City. 

[FR Doc. 2016–01631 Filed 1–26–16; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 515 

[Docket No. 13–05] 

RIN 3072–AC44 

Ocean Transportation Intermediary 

Licensing and Financial Responsibility 

Requirements, and General Duties 

AGENCY: Federal Maritime Commission. 

ACTION: Correcting amendments. 

SUMMARY: The Federal Maritime 

Commission corrects rules governing 

the licensing, financial responsibility 

requirements and duties of Ocean 

Transportation Intermediaries that were 

recently amended to add a section 

inadvertently omitted and to correct 

problems which occurred in production 

of the Code of Federal Regulations. 

DATES: This correction is effective 

January 27, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 


asabaliauskas on DSK5VPTVN1PROD with RULES