[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15952-15954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07716]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-1058]
RIN 1625-AA00
Safety Zone; Mississippi River, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones for
navigable waters of the Mississippi River, New Orleans, LA. These
actions are necessary to protect persons and vessels from potential
safety hazards associated with fireworks displays on or over this
navigable waterway. Entry into these zones is prohibited unless
authorized by the Captain of the Port Sector New Orleans (COTP) or a
designated representative.
DATES: This rule is effective from 8:00 p.m. on May 6, 2018 through
8:45 p.m. on May 25, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1058 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
AHP Above Head of Passes
CFR Code of Federal Regulations
COTP Captain of the Port Sector 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 received notification of the following fireworks
displays that require safety zones:
(1) On November 7, 2017, the New Orleans Tourism and Marketing
Corporation notified the Coast Guard that it would be conducting a
fireworks display from 7:45 p.m. through 8:45 p.m. on May 25, 2018. The
fireworks will be launched from a barge on the Lower Mississippi River
at approximate mile marker (MM) 95.9 above Head of Passes (AHP), New
Orleans, LA.
(2) On March 14, 2018, the NOLA 2018 Foundation notified the Coast
Guard that it would be conducting a fireworks display from 8 p.m.
through 8:20 p.m. on May 6, 2018. The fireworks will be launched from a
barge on the Lower Mississippi River at approximate MM 95.4 AHP, New
Orleans, LA.
In response to these notifications, on January 17, 2018, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; Lower Mississippi River, New Orleans, LA (83 FR 2394). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this fireworks display. During the comment
period that ended March 19, 2018, we received no comments.
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 Sector New Orleans (COTP) has determined
that potential hazards associated with the fireworks to be used in the
May 6, 2018 and May 25, 2018 displays present a hazard to anyone within
a one-mile stretch of the launch barges. The purpose of this rule is to
ensure safety of persons and vessels on the navigable waters in the
safety zone before, during, and after the scheduled events.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
January 17, 2018.
The changes in the regulatory text from the proposed rule in the
NPRM include minor editorial changes where we refer to the time of
enforcement as the enforcement period, rather than the effective
period.
This rule establishes two temporary safety zones on the following
dates and locations:
1. Bayou Country Music Fest: A safety zone from 7:45 p.m. through
8:45 p.m. on May 25, 2018. The safety zone will cover all navigable
waters of the Lower Mississippi River between mile marker (MM) 95.4 and
MM 96.4 AHP.
2. NOLA Tricentennial 2018 Jazz and Heritage Fest: A safety zone
from 8 p.m. through 9 p.m. on May 6, 2018. This safety zone will
encompass all navigable waters of the Lower Mississippi River between
MMs 95 and 96 AHP.
Both safety zones encompass a one mile stretch of river with a
duration lasting no more than one hour. The duration of the zones is
intended to ensure the safety of persons and vessels on these navigable
waters before, during, and after the scheduled fireworks displays.
No vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector New Orleans. They may be contacted on VHF-FM Channel 16
or 67. Persons and vessels permitted to enter these safety zones must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative. The
COTP or a designated representative will inform the public through
Broadcast Notices to Mariners of any changes in the planned schedule.
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.
[[Page 15953]]
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on these zones
lasting one hour and encompassing a one-mile stretch of the Lower
Mississippi River. In addition, vessel traffic seeking to transit the
areas can seek permission to enter from the COTP or his designated
representative.
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 received no comments from the Small Business
Administration on this rulemaking. 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
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.
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
Directive 023-01 and Commandant Instruction M16475.1D, 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
two safety zones lasting less than one hour each that will prohibit
entry within a one-mile stretch of the Lower Mississippi River. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration 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
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 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.T08-1058 to read as follows:
Sec. 165.T08-1058 Safety Zones; Lower Mississippi River, New Orleans,
LA.
(a) Safety zones. The following areas are safety zones:
(1) Bayou Country Music Fest, New Orleans, LA--(i) Location. All
navigable waters of the Lower Mississippi River between mile marker
(MM) 95.4 and MM 96.4, above Head of Passes.
[[Page 15954]]
(ii) Enforcement period. This rule will be enforced from 7:45 p.m.
through 8:45 p.m. on May 25, 2018.
(2) NOLA Tricentennial 2018 Jazz and Heritage Fest--(i) Location.
All navigable waters of the Lower Mississippi River between mile marker
(MM) 94 and MM 95, above Head of Passes.
(ii) Enforcement period. This rule will be enforced from 8 p.m.
through 9 p.m. on May 6, 2018.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into these zones is prohibited unless specifically
authorized by the Captain of the Port Sector New Orleans (COTP) or a
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of U.S. Coast Guard
Sector New Orleans.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
(3) Persons and vessels permitted to enter these safety zones must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(c) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners of any
changes in the planned schedule.
Dated: April 9, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-07716 Filed 4-12-18; 8:45 am]
BILLING CODE 9110-04-P