[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Rules and Regulations]
[Pages 36660-36662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14656]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0188]
RIN 1625-AA00
Safety Zone; Mississippi River Mile 95.5-Mile 96.5; New Orleans,
LA
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 from mile 95.5 to mile 96.5.
This safety zone is necessary to protect persons and vessels from
potential safety hazards associated with a fireworks display in the
Lower Mississippi River at mile 96. Entry into this zone is prohibited
unless specifically authorized by the Captain of the Port New Orleans
or a designated representative.
DATES: This rule is effective from 9:45 p.m. to 10:25 p.m. on June 26,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0188] 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 rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) Brandon Sullivan, Sector New
Orleans, U.S. Coast Guard; telephone (504) 365-2280, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
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 it is impracticable. The Coast Guard
did not receive event information from the event sponsor until there
was insufficient time remaining to undertake an NPRM. This safety zone
is needed to protect vessels and mariners from the safety hazards
associated with an aerial fireworks display taking place over the
waterway. Providing notice and comment for this rule establishing the
[[Page 36661]]
necessary safety zone would be impracticable as it would delay the
safety measure necessary to protect life and property from the possible
hazards associated with the display. Delay would also unnecessarily
interfere with the planned fireworks display. The impacts on navigation
are expected to be minimal as the safety zone will only impact
navigation for a short duration.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Waiting a full 30 days after
publication in the Federal Register is impracticable and contrary to
the public interest as that would delay the effectiveness of the safety
zone until after the planned fireworks event. Immediate action is
needed to protect vessels and mariners from the safety hazards
associated with an aerial fireworks display that will last for only a
short duration. The Coast Guard will notify the public and maritime
community that the safety zone will be in effect and of its enforcement
periods via broadcast notices to mariners.
B. Basis and Purpose
The Oracle C/O J&M Displays is sponsoring a fireworks display from
a barge located at mile 96 on the Lower Mississippi River. This event
will take place from 9:45 p.m. to 10:25 p.m. on June 26, 2013. The
Coast Guard has determined that a safety zone is needed to protect the
public, mariners, and vessels from the hazards associated with these
aerial fireworks displays over the waterway.
The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone on the
Lower Mississippi River from 9:45 p.m. to 10:25 p.m. on June 26, 2013.
The safety zone area will include the entire width of the Lower
Mississippi River in New Orleans, LA, from mile 95.5 to mile 96.5.
Entry into this zone is prohibited unless permission has been granted
by the Captain of the Port New Orleans, or a designated representative.
Notice to the public of this safety zone will be provided via
Broadcast Notice to Mariners. Mariners and other members of the public
may also contact Coast Guard Sector New Orleans to inquire about the
status of the safety zone, at (504) 365-2200.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This safety zone will
restrict navigation on the Lower Mississippi River from mile 95.5 to
mile 96.5, for approximately 40 minutes on June 26, 2013. Due to the
short duration of the event, it does not impose a significant
regulatory impact.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule would affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit between miles 95.5 to mile 96.5, between 9:45 p.m.
and 10:25 p.m. on June 26, 2013. This safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons because the safety zone will only be subject
to enforcement for approximately 40 minutes on June 26, 2013. Before
the activation of the zone, the Coast Guard will issue maritime
advisories widely available to users of the river.
3. Assistance for Small Entities
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,
above.
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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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
[[Page 36662]]
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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA) (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 establishing a temporary safety zone
for all waters of the Lower Mississippi River from mile 95.5 to mile
96.5. This rule 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record-
keeping 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; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
2. Add Sec. 165.T08-0188 to read as follows:
Sec. 165.T08-0188 Safety Zone, Mississippi River Mile 95.5-Mile 96.5;
New Orleans, LA.
(a) Effective date/enforcement period. This section is effective
from 9:45 p.m. to 10:25 p.m. on June 26, 2013. The safety zone
described in paragraph (b) of this section will only be enforced during
the effective period (during the time immediately preceding, during,
and immediately following the fireworks display). The Coast Guard will
announce these specific enforcement periods via Broadcast Notice to
Mariners. Additionally, mariners and other members of the public may
contact the Coast Guard at (504) 365-2200 to inquire about the status
of the safety zone.
(b) Location. The following areas are safety zones: All waters of
the Lower Mississippi River from mile 95.5 to mile 96.5, New Orleans,
LA.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port New Orleans or
designated personnel. Designated personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard assigned to units
under the operational control of USCG Sector New Orleans.
(2) Persons or vessels requiring deviations from this rule must
request permission from the Captain of the Port New Orleans. The
Captain of the Port New Orleans may be contacted at telephone (504)
365-2200.
(3) All persons and vessels permitted to enter the safety zone
shall comply with the instructions of the Captain of the Port New
Orleans and designated personnel.
Dated: May 21, 2013.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2013-14656 Filed 6-18-13; 8:45 am]
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