[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77592-77594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30647]
[[Page 77592]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0989]
RIN 1625-AA00
Safety Zone; Lower Mississippi River Mile 94.1-Mile 95.1; 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 marker 94.1 to mile
marker 95.1 above head of passes (AHP). 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 marker
94.6 AHP. 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 11:55 p.m. on December 31, 2013 to
12:15 a.m. on January 1, 2014.
ADDRESSES: Documents indicated in this preamble are parts of docket
[USCG-2013-0989] and are available online at www.regulations.gov. They
are also available for inspection or copying at the Docket Management
Facility (M-30), U.S. Department of Transportation, West Building
Ground Floor, Room W12-140, 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
temporary rule, call Lieutenant Commander (LCDR) Brandon Sullivan,
Sector New Orleans, at (504) 365-2281 or [email protected].
If you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
AHP Above Head of Passes
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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 and unnecessary.
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 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 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
J&M Displays is sponsoring a fireworks display from a barge located
at MM 94.6 AHP on the Lower Mississippi River. This event will take
place from 11:55 p.m. on December 31, 2013 to 12:15 a.m. on January 1,
2014. 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; Pub. L. 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 11:55 p.m. on December 31, 2013 to 12:15
a.m. on January 1, 2014. The safety zone will include the entire width
of the Lower Mississippi River in New Orleans, LA, from MM 94.1 to MM
95.1 AHP. Entry into this zone is prohibited unless permission has been
granted by the Captain of the Port New Orleans, or a designated
representative.
The Captain of the Port New Orleans will inform the public through
broadcast notices to mariners of the enforcement period for the safety
zone as well as any changes in the planned schedule. Mariners and other
members of the public may also contact Coast Guard Sector New Orleans
Command Center 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 and 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 MM 94.1 to MM
95.1 AHP, for approximately 20 minutes from December 31, 2013 to
January 1, 2014. Due to the short duration of the event, the impacts on
routine navigation are expected to be minimal.
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
[[Page 77593]]
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 because the safety zone will only be subject to enforcement
for approximately 20 minutes from December 31, 2013 to January 1, 2014.
Before the activation of the zone, COTP New Orleans will issue maritime
advisories widely available to users of the river and will make
notifications to the public through marine band radio when the safety
zone is being enforced. Additionally, deviation from this rule may be
requested and will be considered on a case-by-case basis by COTP New
Orleans or a COTP New Orleans designated representative.
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
section, 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 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 MM 94.1 to MM 95.1
AHP. 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
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 ACESS 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; 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.
0
2. A new temporary Sec. 165.T08-0989 is added to read as follows:
Sec. 165.T08-0989 Safety Zone, Lower Mississippi River Mile 94.1-Mile
95.1; New Orleans, LA.
(a) Location. The following areas are safety zones: All waters of
the Lower Mississippi River from mile marker 94.1
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to mile marker 95.1 above head of passes, New Orleans, LA.
(b) Effective Date. This rule is effective from 11:55 p.m. on
December 31, 2013 to 12:15 a.m. on January 1, 2014.
(c) Periods of Enforcement. The safety zone for MM 94.1 to MM 95.1
AHP will be enforced from 11:55 p.m. on December 31, 2013 to 12:15 a.m.
on January 1, 2014. The Captain of the Port (COTP) New Orleans or a
COTP New Orleans designated representative will inform the public
through broadcast notices to mariners of the enforcement period for the
safety zone as well as any changes in the planned schedule.
(d) 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) The safety zone is closed to all persons and vessels, except as
may be permitted by the COTP New Orleans or a COTP New Orleans
designated representative.
(3) Vessels requiring deviation from this rule must request
permission from the COTP New Orleans or a COTP New Orleans designated
representative. They may be contacted on VHF-FM Channel 16 or 67, or
through Coast Guard Sector New Orleans at 504-365-2200.
Dated: December 2, 2013.
P. W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2013-30647 Filed 12-23-13; 8:45 am]
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