Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6179 

vessels, U.S. government vessels, small 

commercial vessels, recreational vessels 

and tug and barge traffic. The Coast 

Guard has carefully coordinated the 

restrictions with waterway users. 

There will be limited opportunity for 

vessels to transit through the bridge in 

the closed position during this 

temporary deviation. Vessels able to 

pass through the bridge in the closed 

position may do so after receiving 

confirmation from the bridge tender that 

it is safe to transit through the bridge. 

The bridge will not be able to open for 

emergencies and there is no immediate 

alternate route for vessels to pass. The 

Coast Guard will also inform the users 

of the waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridge so that vessel operators can 

arrange their transit to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: January 28, 2016. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2016–02100 Filed 2–4–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–1125] 

RIN 1625–AA00 

Safety Zone; Bayou Petite Caillou, 

Boudreaux Canal Floodgate; Chauvin, 

LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

all navigable waters within a 750 foot 

radius around the center of the 

Boudreaux Canal Flood Gates in 

Chauvin, LA. This safety zone is 

necessary to protect persons, property, 

and infrastructure from potential 

damage and safety hazards associated 

with repair work on the Boudreaux 

Canal Sector Flood Gates located on 

Bayou Petite Caillou. During the periods 

of enforcement, entry into and transiting 

or anchoring within this safety zone is 

prohibited unless specifically 

authorized by Captain of the Port 

(COTP) Morgan City or other designated 

representative. 

DATES: This rule is effective without 

actual notice from February 5, 2016 

until February 27, 2016. For the 

purposes of enforcement, actual notice 

will be used from January 6, 2016 until 

February 5, 2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2015– 

1125 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 Lieutenant Junior Grade Vanessa 

Taylor, Chief of Waterways 

Management, U.S. Coast Guard MSU 

Morgan City 800 David Dr., Morgan 

City, LA 70380; telephone (985) 380– 

5334, email Vanessa.R.Taylor@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 

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 repair 

work on the Boudreaux Canal Sector 

Flood Gates located on Bayou Petite 

Caillou needs to be completed before 

marine traffic increases during the 

extremely high traffic periods of the 

upcoming shrimping season. The Coast 

Guard received notice of the need for 

this repair December 16, 2015. Repair 

work pushed to any later date will 

unnecessarily create major traffic 

delays. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by January 6, 2016.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 contrary to 

public interest because immediate 

action is needed to provide additional 

safety measure during the repair work 

so that it may be completed before the 

high traffic periods during the 

upcoming shrimping season. 

III. Legal Authority and Need for Rule 

The legal basis and authorities for this 

rule are found in 33 U.S.C. 1231. 

The purpose of the rule is to establish 

the necessary temporary safety zone to 

provide protection for persons and 

property from the hazards associated 

with the repairs. This includes 

commercial and recreational vessels that 

may be in the area during the repair, 

removal and re-installation of the 

Boudreaux Canal Flood Gates. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from January 6, 2016 through January 

15, 2016 and from February 18, 2016 

through February 27, 2016. The safety 

zone will cover all navigable waters 

within a 750 foot radius around 

coordinate 29°23.117 N., 90°37.038 W. 

which is located in center of the 

Boudreaux Canal Flood Gates. This 

safety zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

while the inspection, repair, removal, 

and re-installation of flood gates occurs. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

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, 


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6180 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 

it has not been reviewed by the Office 

of Management and Budget. 

This regulatory action determination 

is based on the size, location, duration, 

and traffic during the time-of-year of the 

safety zone. The safety zone only 

impacts a small designated area of the 

Waterway in Chauvin, LA during two 

scheduled time periods. First, during 10 

days from January 6, 2016 through 

January 15, 2016; and second during 9 

days from February 18, 2016 through 

February 27, 2016. This is a time of year 

when vessel traffic is normally low. 

Additionally, vessel traffic will be 

allowed to transit from January 16, 2016 

through February 17, 2016, mid-way 

through the repair timeline. Moreover, 

the Coast Guard will issue Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 informing waterway users of 

the safety zone and any changes in the 

schedule. Finally, the rule allows 

vessels to seek permission to enter the 

zone. 

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 

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 

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 a safety 

zone lasting less than 20 days that will 

prohibit entry within a 750 foot radius 

around coordinate 29°23.117 N., 

90°37.038 W., which is located in the 

center of the Boudreaux Canal Flood 

Gates in Chauvin, LA. 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 

(waters), 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.T08–1121 to read as 

follows: 

§ 165.T08–1121 Safety Zone; Bayou Petite 

Caillou, Boudreaux Canal Floodgate; 

Chauvin, LA. 

(a) Location. The following area is a 

safety zone: All waters within a 750 foot 

radius around coordinate 29°23.117 N., 

90°37.038 W., which is located in the 

center of the Boudreaux Canal Flood 

Gates in Chauvin, LA. 


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Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6181 

(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 zones. 

(c) Regulations. (1) Under the general 

safety zone regulations in 33 CFR part 

165, subpart C, you may not enter the 

safety zones 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 zones must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement period. This rule will 

be enforced from January 6, 2016 

through January 15, 2016, and from 

February 18, 2016 through February 27, 

2016. 

(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 zones as well as any changes in 

the dates and times of enforcement. 

Dated: January 5, 2016. 

D.G. McClellan, 

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

Port Morgan City, Louisiana. 

[FR Doc. 2016–02281 Filed 2–4–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–0028] 

RIN 1625–AA00 

Safety Zone; Hudson River, Anchorage 

Ground 19–W 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the waters of the Hudson River in the 

vicinity of Anchorage Ground 19–W. 

This zone is intended to restrict vessels 

from a portion of the Hudson River due 

to the presence of a dielectric oil leak 

from a submerged power cable, and the 

hazards associated with the cable repair 

vessels. This temporary safety zone is 

necessary to protect people and vessels 

from the hazards associated with this 

event. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port New York. 

DATES: This rule is effective without 

actual notice from February 5, 2016 

through July 9, 2016. For the purposes 

of enforcement, actual notice will be 

used from January 12, 2016 through 

February 5, 2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0028 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 Petty Officer Kristina Pundt, 

Waterways Management Division, U.S. 

Coast Guard Sector New York; 

telephone 718–354–4352, email 

Kristina.H.Pundt@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 

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 doing 

so would be impracticable. The Coast 

Guard received notification of the 

dielectric oil release from a submerged 

power cable on January 2, 2016. Thus, 

waiting for a notice and comment 

period to run would inhibit the Coast 

Guard from protecting the public and 

vessels from the possible hazards 

associated with this dielectric oil leak 

and the hazards associated with the 

cable repairs. 

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. For 

the same reasons discussed in the 

preceding paragraph, waiting for a 30 

day notice period to run would be 

impracticable and contrary to the public 

interest. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

CFR 1.05–1 and 160.5; and Department 

of Homeland Security Delegation No. 

0170.1. The Captain of the Port New 

York (COTP) has determined that a 

temporary safety zone is necessary to 

ensure the safety of vessels from the 

hazards associated with this dielectric 

oil leak and power cable repairs. 

Establishing a safety zone to control 

vessel movements around the location 

of the dielectric oil leak will help ensure 

the safety of persons and property 

during assessment and response 

activities and help minimize the 

associated risks. Therefore, this rule will 

remain in effect for the time stated 

herein but will be cancelled if response 

activities are finished cease before July 

9, 2016. The preliminary estimate for 

completion of the clean-up and cable 

repairs is February 11, 2016. This TFR 

provides for an extended enforcement 

period in case of unforeseen 

circumstances that prevent the 

contractors from completing the repairs 

within their initial estimated timeline. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from January 12, 2016 through July 9, 

2016. The safety zone will cover all 

navigable waters of Anchorage Ground 

19–W and the Hudson River within an 

area approximately 870–930 yards wide 

and 1,330–1,335 yards long near 

Edgewater, NJ. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the COTP or a 

designated representative. Vessel 

operators must contact the COTP or an 

on-scene representative to obtain 

permission to transit through this safety 

zone. The COTP or an on-scene 

representative may be contacted by VHF 

Channel 16. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

E.O.s related to rulemaking. Below we 

summarize our analyses based on these 


Lhorne on DSK5TPTVN1PROD with RULES