[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Rules and Regulations]
[Pages 68318-68319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23973]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0666]
RIN 1625-AA08


Special Local Regulation; Ouachita River, Monroe, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation controlling movement of vessels for certain waters of the 
Ouachita River. This rule is necessary to provide for the safety of 
life on navigable waters during a paddle boat race on October 15, 2016. 
This regulation requires commercial vessels to notify the Captain of 
the Port Memphis before entering the event area and require all vessels 
transiting the area to maintain a minimum speed for safe navigation.

DATES: This rule is effective on October 15, 2016, from 10 a.m. until 2 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0666 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 about this rule, 
call or email Petty Officer Todd Manow, Waterways Management, Sector 
Lower Mississippi River, U.S. Coast Guard; telephone 901-521-4813, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 23, 2016, Louisiana Delta Adventures notified the Coast 
Guard that it will be conducting a paddle boat race from 10 a.m. to 2 
p.m. on October 15, 2016. The paddle boats are to be launched from a 
boat ramp near mile marker 173.0 at D'Arbonne cutoff in the Ouachita 
River northwest of West Monroe, LA, and will proceed approximately 7.5 
miles downriver to mile maker 166.5 near the Red River Market, Monroe, 
LA.
    The Coast Guard has established special local regulations for 
similar events and determined that conducting paddle boat races in this 
portion of navigable waterway, paired with other activities and 
waterways usage in the area, presents potential safety hazards 
requiring this regulatory action.
    The Coast Guard is issuing this temporary final 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. Although the event sponsor submitted an initial 
application for a marine event on May 23, 2016, final details of the 
event were not known to the Captain of the Port Memphis (COTP) until 
late August of 2016. This action is necessary to provide for the safety 
of life on navigable waters during the marine event. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by October 15, 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. For the same reasons 
discussed in the preceding paragraph, waiting for a 30 day notice 
period to run would be impracticable.

III. Legal Authority and Need for a Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The COTP has determined that potential hazards posed to 
participants of a paddle boat race in this section of river would be a 
safety concern for anyone transiting the river from mile marker 173 to 
166.5. The purpose of this rulemaking is to ensure the safety of event 
participants and other waterway users in U.S. navigable waters within 
mile marker 173 to 166.5 before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 10 a.m. until 
2 p.m. on October 15, 2016. In light of the aforementioned hazards, the 
COTP has determined that a special local regulation is necessary to 
protect spectators, vessels, and participants. The special local 
regulation will encompass the following waterway: All waters of the 
Ouachita River between mile markers 173 and 166.5 in the vicinity of 
Monroe, LA.
    The COTP or a designated on-scene representative will permit 
vessels to transit the area on a case-by-case basis. Commercial vessel 
operators desiring to transit through the regulated area must contact 
the COTP before doing so. The COTP or a designated on-scene 
representative may be contacted via VHF Channel 16 or by telephone at 
1-866-777-2784. During enforcement, all vessels are to proceed at 
slowest speed for safe navigation while transiting the regulated area.

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 Executive orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders (E.O.) 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.
    The Coast Guard's use of this special local regulation will be only 
four hours in duration on a Saturday, and it is designed to minimize 
the impact on navigation. Moreover, vessels may transit through the 
area affected by this special local regulation at a minimum speed for 
safe navigation as approved by the COTP on a case-by-case basis. 
Overall, the Coast Guard expects minimal impact to vessel movement from 
the enforcement of this special local regulation.

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

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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.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in this portion of the Ouachita River in the vicinity 
of Monroe, LA between 10 a.m. and 2 p.m. on October 15, 2016.
    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 will 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. 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 will 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.

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 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 made a preliminary 
determination 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 the establishment of a special local 
regulation lasting four hours. Such actions are categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist and 
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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233

0
2. Add Sec.  100.35T08-0666 to read as follows:


Sec.  100.35T08-0666  Special Local Regulation; Ouachita River; Monroe, 
LA.

    (a) Regulated area. A regulated area is established to encompass 
the following waterway: all waters of the Ouachita River mile 173 
through mile 166.5.
    (b) Effective period. This section is effective and will be 
enforced from 10 a.m. until 2 p.m. on October 15, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.801 of this part, commercial vessel operators desiring to 
operate in the regulated area must contact the Captain of the Port 
Memphis (COTP) to before doing so. The COTP or a designated 
representative may be contacted via VHF Channel 16 or by telephone at 
1-866-777-2784.
    (2) During enforcement, all vessels are to proceed at slowest speed 
for safe navigation while transiting the regulated area.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the regulated area as well as 
any changes in the dates and times of enforcement.

    Dated: September 27, 2016.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2016-23973 Filed 10-3-16; 8:45 am]
BILLING CODE 9110-04-P