[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4590-4592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01631]


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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.

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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

[[Page 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 <a href="/cdn-cgi/l/email-protection#0553646b607676642b572b51647c696a7745707666622b686c69"><span class="__cf_email__" data-cfemail="e6b0878883959587c8b4c8b2879f8a8994a693958581c88b8f8a">[email protected]</span></a>.

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
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 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

[[Page 4592]]

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

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.T08-0016 to read as follows:


Sec.  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


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