[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Proposed Rules]
[Pages 35671-35674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13119]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0340]
RIN 1625-AA00
Safety Zones; Safety Zones Within the Captain of the Port New
Orleans Zone; New Orleans to Baton Rouge, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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[[Page 35672]]
SUMMARY: The Coast Guard proposes to establish 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. 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 June 20, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0340 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander (LCDR) James
Gatz, Sector New Orleans, at (504) 365-2281 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard proposes establishment of temporary safety zones
for the following upcoming fireworks displays:
(1) A corporate event scheduled for one hour in the evening between
6:00 p.m. and 11:00 p.m. on June 15, 2016. The fireworks barge will be
positioned adjacent to the foot of Dumaine Street in New Orleans, LA,
at approximate mile marker 94.5 above Head of Passes on the Lower
Mississippi River. The Coast Guard was notified about this event on
April 18, 2016.
(2) The Llamasoft Convention scheduled for one hour in the evening
between 6:00 p.m. and 11:00 p.m. on June 16, 2016. The fireworks barge
will be positioned adjacent to Spanish Plaza in New Orleans, LA, at
approximate mile marker 95.0 above Head of Passes on the Lower
Mississippi River. The Coast Guard was notified about this event on
April 1, 2016.
(3) The U.S. Travel Association's ``IPW'' Conference scheduled for
one hour in the evening between 6:00 p.m. and 11:00 p.m. on June 22,
2016. The fireworks barge will be positioned adjacent to Mardi Gras
World in New Orleans, LA, at approximate mile marker 96.2 above Head of
Passes on the Lower Mississippi River. The Coast Guard was notified
about this event on April 1, 2016.
(4) The St. John the Baptist Parish Independence Day Celebration
scheduled for one hour in the evening between 6:00 p.m. and 11:00 p.m.
on June 30, 2016. The fireworks barge will be positioned adjacent to
the Parish Courthouse in Edgard, LA, at approximate mile marker 138.0
above Head of Passes on the Lower Mississippi River. The Coast Guard
was notified about this event on March 15, 2016. This is an annually
recurring event that is published in 33 CFR 165.801, Table 5, line no.
2. This year's occurrence is scheduled for a different date and
location than currently listed in the CFR. Should a permanent change be
necessary for this safety zone, we will include it in a future
rulemaking proposing permanent updates to 33 CFR 165.801, Table 5.
(5) The L'Auberge Casino Independence Day Celebration scheduled for
one hour in the evening between 6:00 p.m. and 11:00 p.m. on July 4,
2016. The fireworks barge will be positioned adjacent to the L'Auberge
Casino in Baton Rouge, LA, at approximate mile marker 216.5 above Head
of Passes on the Lower Mississippi River. The Coast Guard was notified
about this event on January 27, 2016. This is an annually-recurring
event that is not currently published in Table 5 of 33 CFR 165.801. We
plan to include it in a future rulemaking proposing permanent updates
to 33 CFR 165.801, Table 5.
(6) The City of Mandeville Independence Day Celebration scheduled
for one hour in the evening between 6:00 p.m. and 11:00 p.m. on July 4,
2016. The fireworks barge will be positioned adjacent to the Mandeville
City Lakefront in Mandeville, LA, at approximate position 30[deg]
21.200 N., 90[deg] 04.500 W. The Coast Guard was notified about this
event on March 14, 2016. A safety zone was established in 2015 for a
similar event. Based on the history of this event and safety zone need,
we are considering making this safety zone a permanent recurring
regulation, and may include it in a future rulemaking proposing
permanent updates to 33 CFR 165.801, Table 5.
(7) The American Psychological Association Convention scheduled for
one hour in the evening between 6:00 p.m. and 11:00 p.m. on September
23, 2016. The fireworks barge will be positioned adjacent to Dumaine
Street in New Orleans, LA, at approximate mile marker 94.5 above Head
of Passes on the Lower Mississippi River. The Coast Guard was notified
about this event on February 24, 2016.
Due to the risks associated with aerial barge-based fireworks
displays taking place on and over these sections of navigable
waterways, the proposed safety zones are needed to protect persons and
property. The Coast Guard would notify the public and maritime
community of the proposed safety zones and their respective enforcement
periods via broadcast notices to mariners (BNM). The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish multiple temporary safety
zones within the Captain of the Port New Orleans (COTP) Zone on several
different dates and in several different locations. The safety zones to
be established would be enforced on the respective dates listed above
and in the proposed regulatory text as provided at the end of this
document. Each safety zone will be limited to a duration of one hour,
and will occur during the evenings on the dates specified, between the
hours of 6:00 p.m. and 11:00 p.m. Entry into these safety zones is
prohibited unless permission has been granted by the COTP New Orleans,
or a designated representative.
The COTP New Orleans will inform the public through BNMs of the
enforcement period for each 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 by calling (504) 365-2200.
IV. 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 and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory
[[Page 35673]]
approaches that maximize net benefits. Executive Order 13563 emphasizes
the importance of quantifying both costs and benefits, of reducing
costs, of harmonizing rules, and of promoting flexibility. This NPRM
has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, the NPRM has not been reviewed by
the Office of Management and Budget.
Six of these proposed safety zones would be no greater than 1 river
mile in length and would restrict navigation on the Lower Mississippi
River for no longer than one hour each. The remaining proposed safety
zone would be limited to a circular area 1200 feet in diameter located
along the North Shore of Lake Pontchartrain, in an area with ample room
for other traffic to navigate around the safety zone, and would be in
effect for no longer than one hour. Due to the limited scope and short
duration of each proposed safety zone, the impacts on routine
navigation are expected to be minimal. Additionally, the Coast Guard
would issue maritime notices widely available to waterway users and
deviation from the proposed safety zones may be requested and would be
considered 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
proposed rule would 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 zones may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator. 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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
section. 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.
C. Collection of Information
This proposed rule would 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 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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (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 proposes to establish seven
temporary safety zones within the Captain of the Port New Orleans zone.
Normally such actions are categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of Commandant Instruction
M16475.lD. A preliminary 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
proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include
[[Page 35674]]
any personal information you have provided. For more about privacy and
the docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
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. Add Sec. 165.T08-0340 to read as follows:
Sec. 165.T08-0340 Safety Zones; Captain of the Port New Orleans Zone;
New Orleans to Baton Rouge, LA.
(a) Safety zones. The following areas are safety zones:
(1) Fireworks display, New Orleans, LA. (i) Location. All waters of
the Lower Mississippi River from mile marker 94.0 to mile marker 95.0
Above Head of Passes.
(ii) Effective date and time. June 15, 2016, for one hour in the
evening between the hours of 6:00 p.m. and 11:00 p.m.
(2) LLamasoft Convention fireworks display, New Orleans, LA. (i)
Location. All waters of the Lower Mississippi River from mile marker
94.5 to mile marker 95.5 Above Head of Passes.
(ii) Effective date and time. June 16, 2016, for one hour in the
evening between the hours of 6:00 p.m. and 11:00 p.m.
(3) U.S. Travel Association fireworks display, New Orleans, LA. (i)
Location. All waters of the Lower Mississippi River from mile marker
95.7 to mile marker 96.7 Above Head of Passes.
(ii) Effective date and time. June 22, 2016, for one hour in the
evening between the hours of 6:00 p.m. and 11:00 p.m.
(4) St. John the Baptist Independence Day Celebration fireworks
display, Edgard, LA. (i) Location. All waters of the Lower Mississippi
River from mile marker 137.5 to mile marker 138.5 Above Head of Passes.
(ii) Effective date and time. June 30, 2016, for one hour in the
evening between the hours of 6:00 p.m. and 11:00 p.m.
(5) L'Auberge Casino Independence Day Celebration fireworks
display, Baton Rouge, LA. (i) Location. All waters of the Lower
Mississippi River from mile marker 216.0 to mile 217.0 Above Head of
Passes.
(ii) Effective date and time. July 4, 2016, for one hour in the
evening between the hours of 6:00 p.m. and 11:00 p.m.
(6) City of Mandeville Independence Day Celebration fireworks
display, Mandeville, LA. (i) Location. All waters of Lake Pontchartrain
extending 600 feet in any direction from 30[deg] 21.200 N., 090[deg]
04.500 W.
(ii) Effective date and time. July 4, 2016, for one hour in the
evening between the hours of 6:00 p.m. and 11:00 p.m.
(7) American Psychological Association Convention fireworks
display, New Orleans, LA. (i) Location. All waters of the Lower
Mississippi River from mile marker 94.0 to mile marker 95.0 Above Head
of Passes.
(ii) Effective date and time. September 23, 2016, for one hour in
the evening between the hours of 6:00 p.m. and 11:00 p.m.
(b) 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 USCG Sector New Orleans. For each
event, the COTP New Orleans designated representative will be announced
via Marine Safety Information Bulletin and Notice to Mariners.
(2) 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 via the U.S. Coast Guard Sector
New Orleans Command Center, via VHF-FM Channel 16 or by phone at (504)
365-2200.
(3) Persons and vessels permitted to deviate from this safety zone
regulation and enter the restricted areas must transit at the slowest
safe speed and comply with all lawful directions issued by the COTP New
Orleans or the designated representative.
(c) Information Broadcasts. The COTP New Orleans or designated
representative will inform the public through broadcast notices to
mariners of the enforcement periods for the safety zones as well as any
changes in the planned schedules.
Dated: May 13, 2016.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2016-13119 Filed 6-2-16; 8:45 am]
BILLING CODE 9110-04-P