[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]


-----------------------------------------------------------------------

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.

[[Page 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 [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

[[Page 4590]]

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