[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15705-15709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06846]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-1069]
RIN 1625-AA00
Safety Zones Within the Captain of the Port New Orleans Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes temporary safety zones for multiple
locations and dates within the Captain of the Port New Orleans' zone.
These safety zones are necessary to protect persons and vessels from
potential safety hazards associated with fireworks displays on or over
federal waterways.
[[Page 15706]]
Entry into these zones is prohibited unless specifically authorized by
the Captain of the Port New Orleans or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before April 9, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) James Gatz, Sector New
Orleans, at (504) 365-2281 or [email protected]. If you have
questions on viewing or submitting material to the docket, call Cheryl
F. Collins, Program Manager, Docket Operations, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2014-1069] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-1069) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
Safety zones are proposed during the following five (5) individual
marine events:
(1) New Orleans Navy Week is a single, non-repeating fireworks
event. This event is scheduled to occur on April 27, 2015, on the Lower
Mississippi River in New Orleans, Louisiana. The sponsor for this event
applied for a marine event permit. The permit application is currently
under review but the Coast Guard believes that additional safety
measures in the form of a temporary safety zone will be necessary for
safety of navigation during the event. There is no regulatory history
for this event.
(2) The Hosts Global fireworks event is an annually-occurring event
which occurs in late April on the Lower Mississippi River in New
Orleans, Louisiana. The sponsor for this event applied for a marine
event permit. The permit application is currently under review but the
Coast Guard believes that additional safety measures in the form of a
temporary safety zone will be necessary for safety of navigation during
the event. The sponsor applied for the 2014 occurrence of this event
and the permit was approved. A temporary safety zone was enforced
through actual notice for the 2014 occurrence.
(3) The Madisonville 4th of July fireworks display is an annually-
occurring event which occurs on July 4 each year in the Tchefuncta
River near Madisonville, Louisiana. The sponsor for this event applied
for a marine event permit. The permit application is currently under
review but the Coast Guard believes that additional safety measures in
the form of a temporary safety zone will be necessary for safety of
navigation during the event. The sponsor for this event applied for a
marine event permit in 2014 but the event was cancelled by the
fireworks provider due to short notice on the sponsor's part.
(4) The Mandeville City Seafood Festival is an annually-occurring
fireworks event that occurs on July 4 each year at Fountainbleau State
Park in Mandeville, Louisiana. The sponsor for
[[Page 15707]]
this event applied for a marine event permit. The permit application is
currently under review but the Coast Guard believes that additional
safety measures in the form of a temporary safety zone will be
necessary for safety of navigation during the event. There is no other
regulatory history for this event.
(5) The Mandeville Lakefront fireworks show is a single event which
is scheduled to occur July 4, 2015, in Mandeville, Louisiana. The
sponsor for this event applied for a marine event permit. The permit
application is currently under review but the Coast Guard believes that
additional safety measures in the form of a temporary safety zone will
be necessary for safety of navigation during the event. There is no
regulatory history for this event.
Upon initial review of the details for each of these events, the
Coast Guard determined that additional safety measures will be
necessary.
C. Basis and Purpose
The legal basis and authorities for this rule are found in 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, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
The Coast Guard has determined that temporary safety zones are
necessary to promote the safety of life on navigable waterways within
the COTP New Orleans Zone during these events.
D. Discussion of Proposed Rule
The Coast Guard proposes to establish five temporary safety zones
within the Captain of the Port (COTP) New Orleans Zone between April
27, 2015 and July 4, 2015.
The events to be covered by this proposed rule will be enforced on
the respective dates listed in the table below.
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Item No. Name of event Date and location
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1..................... New Orleans Navy Week Date: April 27, 2015.
Location: the entire
width of the Lower
Mississippi River
between MM 94 and MM 96
Above Head of Passes.
2..................... Hosts Global......... Date: April 28, 2015.
Location: the entire
width of the Lower
Mississippi River
between MM 94 and MM 96
Above Head of Passes.
3..................... Madisonville 4th of Date: July 4, 2015.
July. Location: the entire
width of the Tchefuncta
River between the
confluence of the
Tchefuncta River and
Lake Pontchartrain,
extending one mile
north.
4..................... Mandeville City Date: July 4, 2015.
Seafood Festival. Location: 350 feet in all
directions from the end
of the Fountainbleau
State Park Pier in Lake
Pontchartrain.
5..................... Mandeville Lakefront Date: July 4, 2015.
Fireworks. Location: 350 feet in all
directions from the
fireworks barge, which
will be positioned
offshore of Mandeville,
LA in Lake
Pontchartrain.
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The COTP New Orleans will inform the public through broadcast
notices to mariners (BNM) and local notices to mariners (LNM) of the
enforcement periods for the safety zones as well as any changes in the
planned schedules. 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 zones, at (504) 365-2200.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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. These temporary safety
zones will restrict navigation on the Lower Mississippi River in the
vicinity of New Orleans, Louisiana, the southern end of the Tchefuncta
River near Madisonville, Louisiana, and Lake Pontchartrain in vicinity
of Mandeville, Louisiana. No safety zone will be established for longer
than one hour. Due to the limited scope and short duration of each
temporary safety zone, 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
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit the following waterways on the listed dates: The
Lower Mississippi River in New Orleans, Louisiana on April 27, 2015 and
April 28, 2015; the Tchefuncta River near Madisonville, Louisiana on
July 4, 2015, and the north shore of Lake Pontchartrain in the vicinity
of Mandeville, LA on July 4, 2015. 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 it is limited
in scope and each temporary safety zone will only be in effect for
approximately one hour on one day. Before enforcement, COTP New Orleans
will issue maritime advisories widely available to users of the
impacted waterways and will make notifications to the public through
marine band radio when the temporary safety zones are 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.
[[Page 15708]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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
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.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 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 proposed rule
involves establishing temporary safety zones in the Lower Mississippi
River, Tchefuncta River, and Lake Pontchartrain. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary 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 proposed
rule.
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 proposes
to amend 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.T08-1069 is added to read as follows:
Sec. 165.T08-1069 Safety Zones, Captain of the Port New Orleans Zone,
LA.
(a) Locations. The following areas are safety zones:
(1) All waters of the Lower Mississippi River from mile marker 94
to mile marker 96 above Head of Passes, New Orleans, LA. This location
will be used for the New Orleans Navy Week and Hosts Global events.
(2) All waters of the Tchefuncta River from the confluence of the
Tchefuncta River and Lake Pontchartrain, extending one mile north into
the Tchefuncta River, Madisonville, LA. This location will be used for
the Madisonville Fourth of July event.
(3) All waters of Lake Pontchartrain extending 350 feet in all
directions from the end of the Fountainbleau State Park Pier in
Mandeville, LA. This location will be used for the Mandeville City
Seafood Festival.
[[Page 15709]]
(4) All waters of Lake Pontchartrain extending 350 feet in all
directions from a fireworks barge located offshore of Mandeville, LA.
This location will be used for the Mandeville Lakefront Fireworks
event.
(b) Effective Dates and Enforcement Periods. This rule is effective
during five individual events occurring on four separate dates from
April 27, 2015 through July 4, 2015. The temporary safety zones will be
enforced during the following dates and times:
(1) April 27, 2015, in the evening for one hour or less in the
location noted in section a.1.
(2) April 28, 2015, in the evening for one hour or less in the
location noted in section a.1.
(3) July 4, 2015, in the evening for one hour or less in the
location noted in section a.2.
(4) July 4, 2015, in the evening for one hour or less the locations
noted in section a.3 and a.4.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into these zones is prohibited unless specifically
authorized by the Captain of the Port (COTP) 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 Sector New Orleans.
(2) Persons and 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.
(3) Persons and vessels permitted to deviate from this rule must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP New Orleans or designated representative.
(d) Information Broadcasts. The 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
zones as well as any changes in the planned schedule.
Dated: March 4, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard Captain of the Port New Orleans.
[FR Doc. 2015-06846 Filed 3-24-15; 8:45 a.m.]
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