[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30971-30973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14009]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0388]
RIN 1625-AA00
Safety Zones Within the Captain of the Port New Orleans Zone, New
Orleans to Baton Rouge, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones for
multiple locations and dates within the Captain of the Port New Orleans
(COTP Zone). These safety zones are necessary to provide for the safety
of life and protection of vessels from potential hazards associated
with fireworks displays on navigable waterways. Entry into these zones
is prohibited unless specifically authorized by the Captain of the Port
New Orleans (COTP) or a designated representative.
DATES: This rule is effective without actual notice from July 5, 2017
through July 14, 2017. For the purposes of enforcement, actual notice
will be used from 8:00 p.m. through 10:00 p.m. each day from July 1,
2017 through July 5, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0388 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 on this rule,
call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New
Orleans, U.S. Coast Guard; telephone 504-365-2281, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port New Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is establishing four temporary safety zones within
the COTP New Orleans Zone (COTP Zone) for the following planned
fireworks displays.
1. Mandeville City 4th of July Celebration Fireworks are scheduled
from 8:45 p.m. through 9:45 p.m. on July 1, 2017. The fireworks barge
will be positioned on Lake Pontchartrain, in vicinity of
30[deg]21'12.0'' N. and 090[deg]04'28.9'' W.
2. L'Auberge Casino 4th of July Celebration Fireworks are scheduled
from 8:45 p.m. through 9:45 p.m. on July 2, 2017. The fireworks barge
will be positioned in the Lower Mississippi River at Mile Marker 217.0
above Head of Passes.
3. St. John the Baptist Parish 4th of July Celebration Fireworks
are scheduled from 8:00 p.m. through 9:00 p.m. on July 3, 2017. The
fireworks barge will be positioned in the Lower Mississippi River at
Mile Marker 138.0 above Head of Passes.
4. BBC Beach Body special event fireworks are scheduled from 10:30
p.m.
[[Page 30972]]
through 11:15 p.m. on July 14, 2017. The fireworks barge will be
positioned in the Lower Mississippi River at Mile Marker 96.2 above
Head of Passes.
The Coast Guard is issuing this temporary 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 publishing an NPRM would be
impracticable and against public interest. We must establish this
safety zone by July 1, 2017 and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule. The NPRM process would delay the establishment of
these safety zones until after the scheduled dates of the fireworks
displays and jeopardize public safety.
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. Delaying the effective
date of this rule would be contrary to public interest because the rule
would not be effective until after the scheduled displays occur.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port New Orleans (COPT) has determined that
these safety zones are necessary to provide for the safety of life and
to protect property due to the potential hazards associated with barge-
based fireworks displays taking place on these navigable waterways. The
Coast Guard will notify the public and maritime community of the
proposed safety zones and their respective enforcement periods via
Broadcast Notice to Mariners (BNM).
IV. Discussion of the Rule
This rule establishes four temporary safety zones within the COTP
Zone on several dates and in different locations. Each safety zone will
be enforced on the respective dates listed above and in the regulatory
text provided at the end of this document. Each safety zone is limited
to a duration of one hour, and will occur during the evening on the
dates of July 1, July 2, July 3, and July 14, 2017. Entry into these
safety zones is prohibited unless permission has been granted by the
COTP or a designated representative.
The COTP will inform the public through Broadcast Notice to
Mariners (BNM) of the enforcement period for each safety zone as well
as any changes in the planned schedule. Inquiries may be made with the
Coast Guard Sector New Orleans Command Center regarding the status of
the safety zone by telephone at 504-365-2200.
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 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. Executive Order 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 Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Three of the
safety zones will be no greater than 1 mile in length and will restrict
navigation on the Lower Mississippi River for no longer than one hour
each. The remaining safety zones will be established on Lake
Pontchartrain, extending a 600 foot radius from position
30[deg]21'12.0'' N. and 090[deg]04'28.9'' W. and will restrict
navigation for no longer than one hour. Due to the limited scope and
short duration of each safety zone, the impact on routine navigation is
expected to be minimal. Additionally, notice of the safety zones or any
changes in the planned schedule will be made via Broadcast Notice to
Mariners. Entry into the safety zones may be requested from the COTP or
a designated representative and will 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 rule
will 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 zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
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.
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.
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 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 have
determined that it is consistent with the fundamental federalism
[[Page 30973]]
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 an 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 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 four temporary safety zones within the COTP Zone on four
separate days. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.1D. A
Record of Environmental Consideration (REC) supporting this
determination is available in the docket where indicated under
ADDRESSES.
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 165
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 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.T08-0388 to read as follows:
Sec. 165.T08-0388 Safety Zones; Safety Zones within Captain of the
Port New Orleans Zone, New Orleans to Baton Rouge, LA.
(a) Safety Zones. The following areas are safety zones:
(1) Mandeville City 4th of July Celebration, Mandeville, LA.
(i) Location. All navigable waters of Lake Pontchartrain extending
in a 600 foot radius from position 30[deg]21'12.0'' N. and
090[deg]04'28.9'' W., Mandeville, LA.
(ii) Effective period. This section will be effective from 8:45
p.m. through 9:45 p.m. on July 1, 2017.
(2) L'Auberge Casino Independence Day fireworks display, Baton
Rouge, LA.
(i) Location. All navigable waters of the Lower Mississippi River
from mile marker 216.5 to mile marker 217.5 above Head of Passes, Baton
Rouge, LA.
(ii) Effective period. This section will be effective from 8:45
p.m. through 9:45 p.m. on July 2, 2017.
(3) St. John the Baptist Parish Independence Day fireworks display,
LaPlace, LA.
(i) Location. All navigable waters of the Lower Mississippi River
from mile marker 137.5 to mile marker 138.5 above Head of Passes,
LaPlace, LA.
(ii) Effective period. This section will be effective from 8:00
p.m. through 9:00 p.m. on July 3, 2017.
(4) Team Beachbody Coach Summit 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, New Orleans, LA.
(ii) Effective period. This section will be effective from 10:30
p.m. through 11:15 p.m. on July 14, 2017.
(b) Definitions. As used in this section, a designated
representative means a commissioned officer, warrant officer, or petty
officer of the U.S. Coast Guard assigned under the operational control
of USCG Sector New Orleans.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into these safety zones is prohibited
unless specifically authorized by the Captain of the Port New Orleans
(COTP) or a designated representative. For each event, the COTP
designated representative will be announced via Marine Safety
Information Bulletin and Notice to Mariners.
(2) Vessels seeking entry into these safety zones must request
permission from the COTP or a designated representative. They may be
contacted via the U.S. Coast Guard Sector New Orleans Command Center,
via VHF-FM Channel 16 or by telephone at 504-365-2200.
(3) Persons and vessels permitted to enter these safety zones must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notice to Mariners of any
changes to the enforcement periods for the safety zones.
Dated: June 28, 2017.
W.R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2017-14009 Filed 7-3-17; 8:45 am]
BILLING CODE 9110-04-P