4586 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 

organizers of such activities are 

authorized, provided that the event is 

open for attendance, and in relevant 

situations participation, by the Cuban 

public. 

Example 1 to § 515.567(a) and (b): An 

amateur baseball team wishes to travel to 

Cuba to compete against a Cuban team in a 

baseball game in Cuba. The game will not be 

held under the auspices of the international 

sports federation for baseball. The baseball 

team’s activities therefore would not qualify 

for the general license in paragraph (a). The 

game will, however, be open to the Cuban 

public. The baseball team’s activities would 

qualify for the general license in paragraph 

(b). 

Example 2 to § 515.567(a) and (b): A U.S. 

concert promoter wishes to organize a 

musical event in Cuba that would be open to 

the public and feature U.S. musical groups. 

The organizing of the musical event in Cuba 

by the U.S. concert promoter and the 

participation by U.S. musical groups in the 

event would qualify for the general license in 

paragraph (b). 

* * * * * 

Note 2 to § 515.567(a) and (b): Transactions 

incident to the organization of amateur and 

semi-professional international sports 

federation competitions and public 

performances, clinics, workshops, other 

athletic or non-athletic competitions, and 

exhibitions include marketing related to such 

events in Cuba. 

* * * * * 

■ 8. Amend § 515.572 by revising 

paragraph (a)(2) and the introductory 

text to the Note to § 515.572 to read as 

follows: 

§ 515.572 Authorization to provide travel 

services, carrier services, and remittance 

forwarding services. 

(a) * * * 

(2) Authorization to provide carrier 

services. (i) Persons subject to U.S. 

jurisdiction are authorized to provide 

carrier services to, from, or within Cuba 

in connection with travel or 

transportation, directly or indirectly, 

between the United States and Cuba of 

persons, baggage, or cargo authorized 

pursuant to this part. 

(ii) The entry into blocked space, 

code-sharing, or leasing arrangements to 

facilitate the provision of carrier 

services by air authorized pursuant to 

section 515.572(a)(2) is authorized, 

including the entry into such 

arrangements with a national of Cuba. 

* * * * * 

Note to § 515.572: The following persons 

may be transported, directly or indirectly, 

between the United States and Cuba by a 

person authorized to provide carrier services: 

* * * * * 

■ 9. Amend § 515.575 by revising 

paragraph (b) to read as follows: 

§ 515.575 Humanitarian projects. 

* * * * * 

(b) Authorized humanitarian projects. 

The following projects are authorized by 

paragraph (a) of this section: Medical 

and health-related projects; construction 

projects intended to benefit legitimately 

independent civil society groups; 

disaster preparedness, relief, and 

response; historical preservation; 

environmental projects; projects 

involving formal or non-formal 

educational training, within Cuba or offisland, on the following topics: 

Entrepreneurship and business, civil 

education, journalism, advocacy and 

organizing, adult literacy, or vocational 

skills; community-based grassroots 

projects; projects suitable to the 

development of small-scale private 

enterprise; projects that are related to 

agricultural and rural development that 

promote independent activity; 

microfinancing projects, except for 

loans, extensions of credit, or other 

financing prohibited by § 515.208; and 

projects to meet basic human needs. 

* * * * * 

■ 10. Amend § 515.584 by adding 

paragraph (f) to read as follows: 

§ 515.584 Certain financial transactions 

involving Cuba. 

* * * * * 

(f) Depository institutions, as defined 

in § 515.333, are authorized to provide 

financing for exports or reexports of 

items, other than agricultural items or 

commodities, authorized pursuant to 

§ 515.533, including issuing, advising, 

negotiating, paying, or confirming 

letters of credit (including letters of 

credit issued by a financial institution 

that is a national of Cuba), accepting 

collateral for issuing or confirming 

letters of credit, and processing 

documentary collections. 

Dated: January 21, 2016. 

John E. Smith, 

Acting Director, Office of Foreign Assets 

Control. 

[FR Doc. 2016–01559 Filed 1–26–16; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–0023] 

RIN 1625–AA00 

Safety Zone; Transit Restrictions, 

Lower Mississippi River Mile Marker 

311.0–319.0 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is extending 

an established safety zone for 

emergency purposes for all waters of the 

Lower Mississippi River (LMR), 

extending the entire width from mile 

311.0 to mile 319.0 above head of passes 

(AHP). This emergency safety zone is 

needed to protect persons, property and 

flood control infrastructure from the 

potential safety hazards associated with 

vessels underway transiting this area. 

Deviation from the safety zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Lower Mississippi River or a designated 

representative. 

DATES: This rule is effective without 

actual notice from January 27, 2016 

until 11:59 p.m. on February 1, 2016. 

For the purposes of enforcement, actual 

notice will be used from 12:01 a.m. on 

January 9, 2016 until January 27, 2016. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2016–0023]. To view documents 

mentioned in this preamble as being 

available in the docket, go to 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 

Tyrone.L.Conner@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

AHP Above head of passes 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

LMR Lower Mississippi River 

USACE U.S. Army Corps of Engineers 


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Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 4587 

II. Background Information and 

Regulatory History 

This temporary rule extends the 

location for the safety zone under 33 

CFR 165.802, which provides for a 

safety zone on the Lower Mississippi 

River extending from mile 311.5 to 

316.1 AHP. This temporary rule extends 

that location to mile 311 to 319 AHP for 

emergency purposes responding to high 

water. The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

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

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ 

Under 5 U.S.C. 553(b)(B), the Coast 

Guard finds that good cause exists for 

not publishing a notice of proposed 

rulemaking (NPRM) with respect to this 

rule because immediate action is needed 

to protect persons, property and flood 

control infrastructure from the potential 

safety hazards associated with vessels 

underway transiting this area. 

Completing the full NPRM process is 

impracticable and contrary to the public 

interest because we must establish this 

safety zone in response to increasing 

high water and possible flood and high 

water operations taking place between 

January 9 and February 1, 2016. 

Completing the NPRM process would 

delay the additional safety measures 

necessary to protect persons, property 

and flood control infrastructure from the 

hazards associated with vessels 

underway. 

We are issuing this rule, and under 5 

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

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest because we must 

establish this safety zone in response to 

increasing high water and possible 

emergency operations taking place 

between January 9 and February 1, 

2016. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

The Coast Guard received notification 

from the New Orleans District, Army 

Corps of Engineers that there is a high 

possibility that flood control 

infrastructure from mile 311.0 to mile 

319.0 AHP on the Mississippi River will 

sustain damage if immediate action isn’t 

taken to reduce the effects of normal 

traffic patterns during high water. 

Additionally, if the flood control 

infrastructure is sufficiently weakened 

by resulting effects of high water during 

this period it could fail. Loss of this 

section of the main line infrastructure 

system would be catastrophic to large 

sections of Louisiana. The COTP Lower 

Mississippi River is establishing this 

safety zone as an extension of the 

established regulation at 33 CFR 

165.802, effective from 12:01 a.m. 

January 9, 2016 to 11:59 p.m. February 

1, 2016 or until the river flood levels 

decrease, whichever occurs earlier. 

IV. Discussion of the Rule 

The Coast Guard is extending the 

location for the safety under 33 CFR 

165.802 for emergency high water 

response purposes. As established, 33 

CFR 165.802 provides for a safety zone 

as follows: 

• The area enclosed by the following 

boundary is a safety zone—from the 

Black Hawk Point Light, mile 316.1 

AHP LMR to a point opposite Ft. Adams 

Light, mile 311.5 AHP along the low 

water reference plane above the right 

descending bank; thence to the levee on 

a line perpendicular to the channel 

centerline; thence along the levee to the 

upstream end of the Old River Overbank 

structure; thence along a line to the 

Black Hawk Point Light. 

• Any vessel desiring to enter this 

safety zone must first obtain permission 

from the Captain of the Port, New 

Orleans. The resident engineer at Old 

River Control Structure (WUG–424) is 

delegated the authority to permit entry 

into this safety zone. 

This rule extends the published 

location to mile 311.0 to mile 319.0 

AHP, extending the entire width of the 

river and is effective from 12:01 a.m. 

January 9, 2016 through 11:59 p.m. on 

February 1, 2016 or until the river flood 

levels decrease, whichever occurs 

earlier. 

Entry into this zone is prohibited 

unless permission has been granted by 

the COTP Lower Mississippi or a 

designated representative or by the 

authority as delegated in 33 CFR 

165.802. Broadcast Notice to Mariners 

(BNM) will provide any changes in the 

schedule for this safety zone. Deviation 

requests will be considered and 

reviewed on a case-by-case basis. The 

COTP Lower Mississippi River may be 

contacted by telephone at 1–866–777– 

2784 or can be reached by VHF–FM 

channel 16. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

E.O.s, and we discuss First Amendment 

rights of protestors. 

A. Regulatory Planning and Review 

E.O.s 12866 and 13563 direct agencies 

to assess the costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits. E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

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

it has not been reviewed by the Office 

of Management and Budget. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the safety zone. This 

emergency safety zone will restrict 

navigation on the Mississippi River 

from mile 311.0 to mile 319.0 AHP in 

the vicinity of Ft. Adams Light and 

Black Hawk Point Light from 12:01 p.m. 

January 9, 2016 through 11:59 p.m. on 

February 1, 2016, or until the river flood 

levels decrease, whichever occurs 

earlier. Notifications to the marine 

community will be made through BNM, 

LNM, and communications with local 

waterway users. Notices of changes to 

the safety zone and effective times will 

also be made. Additionally, deviation 

requests may be made and will be 

considered and reviewed on a case-bycase basis. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

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

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 


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4588 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

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 

■ 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.T08–0023 is 

added to read as follows: 

§ 165.T08–0023 Safety Zone; Mississippi 

River, Mile Marker 365.0 to 354.0. 

(a) Location. The following area is an 

emergency safety zone: All waters of the 

Mississippi River between mile 311.0 

and mile 319.0, extending the entire 

width of the river. 

(b) Enforcement date. This rule is 

effective from 12:01 a.m. on January 9, 

2016 through 11:59 p.m. on February 1, 

2015, or until the river flood levels 

decrease, whichever occurs earlier. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

specifically authorized by the COTP 

Lower Mississippi River or a designated 

representative. 

(2) Any vessel desiring to enter this 

safety zone must first obtain permission 

from the Captain of the Port, New 

Orleans. They may be contacted on 

VHF–FM Channel 16 or by telephone at 

866–777–2784. The resident engineer at 

Old River Control Structure (WUG–424) 

is delegated the authority to permit 

entry into this safety zone. 

(d) Informational broadcasts. The 

COTP Lower Mississippi River or a 

designated representative will inform 

the public through broadcast notices to 

mariners of the enforcement period for 

the emergency safety zone as well as 

any changes in the dates and times of 

enforcement. 

Dated: January 7, 2016. 

T.J. Wendt, 

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

Port, Lower Mississippi River. 

[FR Doc. 2016–01632 Filed 1–26–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–0014] 

RIN 1625–AA00 

Safety Zone; Transit Restrictions, 

Lower Mississippi River Mile Marker 

365.0—361.0 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all waters of the Lower Mississippi 

River (LMR), extending the entire width 

from mile 365.0 to mile 361.0. This 

safety zone is needed to protect persons, 

property and flood control 

infrastructure from the potential safety 

hazards associated with the wake from 

vessels underway transiting this area. 

Deviation from the safety zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Lower Mississippi River or a designated 

representative. 

DATES: This rule is effective without 

actual notice from January 27, 2016 

until 11:59 p.m. on February 1, 2016. 

For the purposes of enforcement, actual 

notice will be used from 12:01 a.m. on 

January 10, 2016 until January 27, 2016. 


asabaliauskas on DSK5VPTVN1PROD with RULES