[Federal Register Volume 83, Number 215 (Tuesday, November 6, 2018)]
[Rules and Regulations]
[Pages 55488-55491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24230]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0736]
RIN 1625-AA00
Safety Zones; Coast Guard Sector New Orleans Annual and Recurring
Safety Zones Update
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending its safety zone regulations for
annual events in Coast Guard Sector New Orleans' area of
responsibility. This rule adds four new recurring safety zones and
amends the location or dates for two events already listed in the
table. This action is necessary to protect spectators, participants,
and vessels from the hazards associated with annual marine events. This
rulemaking would prohibit entry into the safety zones during the events
unless authorized by the Captain of the Port Sector New Orleans or a
designated representative.
DATES: This rule is effective December 6, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0736 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 about this rule,
call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans,
U.S. Coast Guard; telephone 504-365-2281, 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Captain of the Port Sector New Orleans (COTP) is amending Table
5 of 33 CFR 165.801 to update the table of annual firework displays and
other marine events in Coast Guard Sector New Orleans' area of
responsibility. The current list of annual and recurring safety zones
in Sector New Orleans is published in Table 5 of 33 CFR 165.801. That
most recent table was created through the interim final rule published
on April 22, 2014 (79 FR 22398). The current Table 5 in 33 CFR 165.801
will be amended to include new safety zones expected to recur annually
and provide new information on two existing safety zones.
On September 10, 2018, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zones; Coast Guard Sector New
Orleans Annual and Recurring Safety Zones (83 FR 45584). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this change to the annual and reoccurring
safety zones listed in Table 5 of 33 CFR 165.801. During the comment
period that ended on October 10, 2018, we received no comments.
[[Page 55489]]
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 it is necessary to amend Table 5 of 33 CFR 165.801 to update the
table of annual firework displays and other marine events in Coast
Guard Sector New Orleans' area of responsibility. The current list of
annual and recurring safety zones in Sector New Orleans is published in
Table 5 of 33 CFR 165.801. That most recent table was created through
the interim final rule published on April 22, 2014 (79 FR 22398). The
current Table 5 in 33 CFR 165.801 needs to be amended to include new
safety zones expected to recur annually and provide new information on
two existing safety zones.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
September 10, 2018. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule amends the safety zone regulations for annual events in
Coast Guard Sector New Orleans listed in Table 5 of 33 CFR 165.801.
From time to time this section needs to be amended to properly reflect
recurring safety zones in Sector New Orleans' area of responsibility.
This rule will add four new recurring safety zones and amend the
location or dates of two safety zones already listed in the current
table. Other than the described changes, the regulations of 33 CFR
165.801 and other provisions in Table 5 of Sec. 165.801 would remain
unchanged.
The Coast Guard revises regulations in Table 5 of 33 CFR 165.801 by
adding four new safety zones. The safety zones being added to Table 5
are below:
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Sector New Orleans
Date Sponsor/name location Safety zone
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Saturday before Labor Day............ Baton Rouge Paddle Club Baton Rouge, LA........ Mississippi River from
and Muddy water Paddle mile marker 215 to
Co./Big River Regional. 230.4, Baton Rouge,
LA.
July 4th............................. L'Auberge Casino Baton Baton Rouge, LA........ Mississippi River from
Rouge/July 4th mile marker 216.0 to
Celebration. 217.5, Baton Rouge,
LA.
July 4th............................. Madisonville Old Madisonville, LA....... Tchefuncte River, at
Fashioned 4th of July. approximate position
30[deg]24'11.63'' N
090[deg]09'17.39 W, in
front of the
Madisonville Town
Hall.
Weekend before July 4th.............. Mandeville July 4th Mandeville, LA......... Approximately 600' off
Celebration. the shore of the
Mandeville Lakefront
30[deg]21'12.03'' N
90[deg]04' 28.95'' W.
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The Coast Guard revises regulations in Table 5 of 33 CFR 165.801 by
amending two existing safety zones listed in the table. The first
safety zone to be amended is tiled as St. John the Baptist Parish
Independence Celebration Fireworks. This safety zone is currently
listed to occur at the location of mile marker (MM) 175 to MM 176 on
the Lower Mississippi River, above Head of Passes, Reserve, LA. This
location contains a typo, which the Coast Guard amends to reflect the
correct location in Reserve, LA. The second safety zone to be amended
is titled as Independence Day Celebration, Main Street 4th of July
(Fireworks Display). The date for this safety zone is currently listed
as 4th of July. The Coast Guard amends the date format to conform to
the format of other dates listed in the table. The amendments are
below:
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Sector New Orleans
Date Sponsor/name location Safety zone
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2. July 3............................ St. John the Baptist Reserve, LA............ Mississippi River from
Parish Independence mile marker 137.5 to
Celebration Fireworks. 138.5, Reserve, LA.
5. July 4............................ Independence Day Morgan City, LA........ Morgan City Port Allen
Celebration, Main Route mile marker 0.0
Street 4th of July to 1.0, Morgan City,
(Fireworks Display). LA.
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The amendments to these safety zones are necessary to ensure the
safety of vessels, spectators, and participants during annual events
taking place on or near the navigable waters in Sector New Orleans'
area of responsibility. Although this rule will be in effect year-
round, the specific safety zones listed in Table 5 of 33 CFR 165.801
will only be enforced during a specified period of time coinciding with
the happening of the annual events listed. In accordance with the
regulations listed in 33 CFR 165.801(a) through (d), entry into these
safety zones is prohibited unless authorized by the COTP or a
designated representative. The regulatory text of the updates to Table
5 of Sec. 165.801 appears at the end of this document.
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 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 the size,
location, and duration of the safety zones. These safety zones are
limited in size and duration, and are usually positioned away from high
vessel traffic zones. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zones, and
the rule would allow vessels to seek permission to enter the zones.
[[Page 55490]]
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 zones may be small entities, for the reasons stated in section
IV.A above, this rule would 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
the establishment of safety zones limiting access to certain areas in
Sector New Orleans' area of responsibility. 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
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. In Sec. 165.801, revise Table 5 to read as follows:
Sec. 165.801 Annual fireworks displays and other events in the
Eighth Coast Guard District requiring safety zones.
* * * * *
Table 5 of Sec. 165.801--Sector New Orleans Annual and Recurring Safety Zones
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Sector New Orleans
Date Sponsor/name location Safety zone
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1. Monday before Mardi Gras.......... Riverwalk Marketplace/ Mississippi River, New Mississippi River mile
Lundi Gras Fireworks Orleans, LA. marker 93.0 to 96.0,
Display. New Orleans, LA.
2. July 3rd.......................... St. John the Baptist/ Mississippi River, Mississippi River mile
Independence Day Reserve, LA. marker 137.5 to 138.5,
celebration. Reserve, LA.
3. July 4th.......................... Riverfront Marketing Mississippi River, New Mississippi River mile
Group/Independence Day Orleans, LA. marker 94.3 to 95.3,
Celebration. New Orleans, LA.
4. July 4th.......................... Boomtown Casino/ Harvey Canal, Harvey, Harvey Canal mile
Independence Day LA. marker 4.0 to 5.0,
Celebration. Harvey, LA.
[[Page 55491]]
5. July 4th.......................... Independence Day Morgan City, LA........ Morgan City Port Allen
Celebration, Main Route mile marker 0.0
Street 4th of July to 1.0, Morgan City,
(Fireworks Display). LA.
6. July 4th.......................... WBRZ--The Advocate 4th Baton Rouge, LA........ In the vicinity of the
of July Fireworks USS Kidd, the Lower
Display. Mississippi River from
mile marker 228.8 to
230.0, Baton Rouge,
LA.
7. The Saturday before July 4th or on Independence Day Grand Isle, LA......... 500 Foot Radius from
July 4th if that day is a Saturday. Celebration/Bridge the Pier located at
Side Marine. Bridge Side Marine,
2012 LA Highway 1,
Grand Isle, LA (Lat:
29[deg]12'14'' N;
Long:
090[deg]02'28.47'' W).
8. 1st Weekend of September.......... LA Shrimp and Petroleum Morgan City, LA........ Atchafalaya River at
Festival Fireworks mile marker 118.5,
Display, LA Shrimp and Morgan City, LA.
Petroleum Festival and
Fair Association.
9. 1st Weekend in December (Usually Office of Mayor- Baton Rouge, LA........ Located on Left
that Friday, subject to change due President/Downtown Descending Bank, Lower
to weather). Festival of Lights. Mississippi River
north of the USS Kidd,
at mile marker 230,
Baton Rouge, LA.
10. December 31st.................... Crescent City Countdown Mississippi River, New Mississippi River mile
Club/New Year's Orleans, LA. marker 93.5-96.5, New
Celebration. Orleans, LA.
11. December 31st.................... Boomtown Casino/New Harvey Canal, Harvey, Harvey Canal mile
Year's Celebration. LA. marker 4.0 to 5.0,
Harvey, LA.
12. July 4th......................... USS Kidd Veterans Baton Rouge, LA........ In the vicinity of the
Memorial/Fourth of USS Kidd, the Lower
July Star-Spangled Mississippi River from
Celebration. mile marker 228.8 to
230.0, Baton Rouge,
LA.
13. Saturday before Labor Day........ Baton Rouge Paddle Club Baton Rouge, LA........ Mississippi River from
and Muddy Water Paddle mile marker 215 to
Co./Big River Regional. 230.4, Baton Rouge,
LA.
14. July 4th......................... L'Auberge Casino Baton Baton Rouge, LA........ Mississippi River from
Rouge/July 4th mile marker 216.0 to
Celebration. 217.5, Baton Rouge,
LA.
15. July 4th......................... Madisonville Old Madisonville, LA....... Tchefuncte River, at
Fashioned 4th of July. approximate position
30[deg]24'11.63'' N
090[deg]09'17.39'' W,
in front of the
Madisonville Town
Hall.
16. Weekend before July 4th.......... Mandeville July 4th Mandeville, LA......... Approximately 600' off
Celebration. the shore of the
Mandeville Lakefront
30[deg]21'12.03'' N
90[deg]04' 28.95'' W.
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Dated: October 31, 2018.
W.E. Watson,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector New
Orleans.
[FR Doc. 2018-24230 Filed 11-5-18; 8:45 am]
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