[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4588-4590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01637]
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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.
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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.
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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 [email protected].
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
Sec. 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-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 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
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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
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. A new temporary Sec. 165.T08-0014 is added to read as follows:
Sec. 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
Sec. 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