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
Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 4589 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2016–0014]. 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 

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 

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 immediate action 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. 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 10 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 hazardous 

associated with the wake from 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 10 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 Vicksburg District, Army Corps 

of Engineers that there is a high 

possibility that the levees from mile 

354.0 to mile 357.0, and at mile 365.0, 

including the temporary flood structures 

in Vidalia, LA and the waterfront in 

Natchez, MS will sustain damage when 

the Natchez gauge reaches 55 feet and 

higher if immediate action isn’t taken to 

reduce the effects of normal traffic 

patterns during high water. 

Additionally, if the levee is sufficiently 

weakened by resulting effects of high 

water during this period it could fail. 

Loss of this section of the main line 

levee system would be catastrophic to 

large sections of Louisiana. The COTP 

Lower Mississippi River intends to 

establish a safety zone from 12:01 a.m. 

January 10, 2016 to 11:59 p.m. February 

1, 2016 or until the river reading levels 

is 55 feet and falling at the Natchez, MS 

river gauge, whichever occurs earlier. 

IV. Discussion of the Rule 

The Coast Guard is establishing a 

temporary safety zone on Lower 

Mississippi River from mile 365.0 to 

mile 361.0, extending the entire width 

of the river from 12:01 a.m. January 10, 

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

2016 or until the river reading levels is 

55 feet and falling at the Natchez, MS 

river gauge, whichever occurs earlier. 

Entry into this zone is prohibited unless 

permission has been granted by the 

COTP Lower Mississippi or a designated 

representative. 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-bycase 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 

temporary safety zone will restrict 

navigation on the Mississippi River 

from mile 365.0 to mile 361.0 in the 

vicinity of Natchez, Mississippi from 

12:01 p.m. January 10, 2016 through 

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

the river reading levels is 55 feet and 

falling at the Natchez, MS river gauge, 

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 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 


asabaliauskas on DSK5VPTVN1PROD with RULES
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