[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Proposed Rules]
[Pages 28175-28177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13025]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0372]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 Above
Head of Passes, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent safety zone
for the navigable waters of the Lower Mississippi River between mile
marker (MM) 94 and MM 97, above Head of Passes. This zone is necessary
to provide for the safety of life on these navigable waters during
firework displays. This proposed rulemaking would prohibit vessels from
entering the safety zone before, during, and after the firework
displays unless authorized by the Captain of the Port Sector New
Orleans or a designated representative. This proposed safety zone would
be enforced only as necessary by the Captain of the Port Sector New
Orleans (COTP) through a Notice of Enforcement published in the Federal
Register and announced through Vessel Traffic Service Advisories,
Broadcast Notices to Mariners (BNMs), Local Notice to Mariners (LNMs),
and/or Marine Safety Information Bulletins (MSIBs) as appropriate. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 18, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0372 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 Benjamin
Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2231,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard Captain of the Port Sector New Orleans (COTP)
proposes to establish a permanent safety zone on the Lower Mississippi
River in order to better provide for the safety of life on navigable
waters during firework displays. The COTP has determined that a large
and increasing volume of the firework displays occurring within Sector
New Orleans' area of responsibility take place at locations between
mile markers (MMs) 94 and 97 above Head of Passes on the Lower
Mississippi River. Many of these events recur annually and are listed
in Table 5 of 33 CFR 165.801 titled Sector New Orleans Annual and
Recurring Safety Zones. However, a substantial and increasing number of
these firework displays are one-time events associated with
conventions, weddings, festivals, etc. By creating a permanent safety
zone that can be enforced through a notice of enforcement, the COTP
would be able to more efficiently provide for the safety of life.
This notice of proposed rulemaking (NPRM) would reduce
administrative costs associated with issuing separate proposed rules
for each individual recurring safety zone. The number of one-time
firework displays occurring in this three-mile stretch of the Lower
Mississippi River has increased from approximately 6 or 7 events in the
years 2016 and 2017, up to approximately 11 events by April of 2018. In
addition, the Coast Guard has not received any comments, objections, or
complaints for the previous 22 safety zones established over the past
three years. Although the COTP expects the number of firework displays
to increase each year, neither the COTP nor this proposed rule control
the number of one-time firework displays occurring in any given year.
Finally, due to the limited duration of each waterway closure
associated with these firework displays, there is very little, if any,
impact to vessel traffic on these waters of the Lower Mississippi
River. Moreover, the proposed rule would allow vessels to seek
permission to enter the safety zone on a case-by-case basis from the
COTP or a designated representative.
The COTP proposes this permanent safety zone in order to balance
the administrative burden and the needs of the public. The purpose of
this rulemaking is to ensure the safety of life on these navigable
waters within this three-mile segment of the Lower Mississippi River
before, during, and after firework displays. Potential hazards
associated with firework displays include the accidental discharge of
fireworks, dangerous projectiles, and falling embers or other debris.
This safety zone covers a three-mile stretch of the river that includes
several launching locations where firework displays are most commonly
located. However, the COTP has determined that potential hazards
associated with each individual fireworks display is a safety concern
for vessels navigating within a one-mile stretch of the Lower
Mississippi River around a particular launch location. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a permanent safety zone between mile
marker (MM) 94 and MM 97 on the Lower Mississippi River. While this
zone would encompass a three-mile section of the waterway, the COTP
would limit the enforcement of the zone only to the areas necessary for
the protection of life on these navigable waters before, during, and
after the fireworks. No vessel or person would be permitted to enter
the safety zone without obtaining permission from the COTP or a
designated representative. A designated representative means any Coast
Guard commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector New
Orleans. Persons and vessels requiring entry into this proposed safety
zone must request permission from the COTP or a
[[Page 28176]]
designated representative. They may be contacted on VHF-FM Channel 16
or 67 or by telephone at (504) 365-2200. Persons and vessels permitted
to enter the proposed safety zone must transit at their slowest safe
speed and comply with all lawful directions issued by the COTP or the
designated representative.
In accordance with 33 CFR 165.7, for each enforcement of the safety
zone established under this proposed rule, the COTP would publish a
notice of enforcement in the Federal Register as early as is
practicable. The COTP or a designated representative would inform the
public of the enforcement area and period of this safety zone through
Vessel Traffic Service Advisories, Broadcast Notices to Mariners
(BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as appropriate. The regulatory text we
are proposing appears at the end of this document.
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 approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
duration, and location of the safety zone. While this zone would be
permanent, it would only be enforced on an as needed basis to better
regulate marine events in the area. This typically encompasses one-hour
operations for a one-mile portion of the waterway.
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.
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 (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
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 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 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 a permanent
safety zone on the Lower Mississippi River. Normally such actions are
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
preliminary Record of Environmental Consideration supporting this
determination is 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
[[Page 28177]]
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 any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
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 website'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
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. 165.845 to read as follows:
Sec. 165.845 Safety Zone; Lower Mississippi River, mile markers 94 to
97 above Head of Passes, New Orleans, LA
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River, New Orleans, LA from mile marker
(MM) 94 to MM 97 above Head of Passes.
(b) Enforcement period. The safety zone established by this section
will be enforced only upon notice of the Captain of the Port Sector New
Orleans (COTP). In accordance with 33 CFR 165.7, for each enforcement
of the safety zone established under this section, the COTP will
publish a notice of enforcement in the Federal Register as early as is
practicable. In addition, the COTP will also inform the public of the
enforcement area and times of this section as indicated in paragraph
(d) Information broadcasts.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited to all vessels and
persons except vessels authorized by the COTP or designated
representative. A designated representative means any Coast Guard
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of Sector New Orleans.
(2) Persons and 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 or by telephone at (504)
365-2200.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement period of this safety zone
through Vessel Traffic Service Advisories, Broadcast Notices to
Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as appropriate.
Dated: June 11, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-13025 Filed 6-15-18; 8:45 am]
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