80_FR_30259 80 FR 30158 - Safety Zones, Captain of the Port New Orleans Zone

80 FR 30158 - Safety Zones, Captain of the Port New Orleans Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 101 (May 27, 2015)

Page Range30158-30161
FR Document2015-12735

The Coast Guard is establishing 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 (COTP) New Orleans or a designated representative.

Federal Register, Volume 80 Issue 101 (Wednesday, May 27, 2015)
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Rules and Regulations]
[Pages 30158-30161]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12735]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1069]
RIN 1625-AA00


Safety Zones, Captain of the Port New Orleans Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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 (COTP) New Orleans 
or a designated representative.

DATES: This rule is effective without actual notice from May 27, 2015 
until July 4, 2015. For the purposes of enforcement, actual notice will 
be used from April 24, 2015 until May 27, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-1069]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander (LCDR) James Gatz, Sector New 
Orleans, at (504) 365-2281 or [email protected]. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
F. Collins, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

AHP Above Head of Passes
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On March 25, 2015, the Coast Guard published an NPRM entitled 
Safety Zones; Captain of the Port New Orleans Zone in the Federal 
Register (80 FR 15705). We did not receive any comments in response to 
the proposed rule. No public meeting was requested and none were held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Providing a full 30 days notice is 
contrary to the public interest as it would delay the effectiveness of 
a portion of the safety zones until after the planned fireworks events. 
Immediate action is needed to protect vessels and mariners from the 
safety hazards associated with aerial fireworks displays over a 
waterway when large concentrations of spectators are expected. The 
Coast Guard did not receive any comments on the proposed rule following 
the publication of the NPRM. The Coast Guard will give actual notice to 
the public and maritime community that each safety zone will be in 
effect and of the enforcement periods via broadcast notices to 
mariners.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The Coast Guard has determined that temporary safety zones are 
necessary to promote the safety of life on navigable waterways within 
the COTP New Orleans Zone during these events due to the potentially 
hazardous conditions caused by the fireworks and the high volume of 
spectators that are anticipated.

C. Discussion of the Final Rule

    The Coast Guard is establishing five temporary safety zones within 
the Captain of the Port (COTP) New Orleans Zone between April 27, 2015 
and July 4, 2015.
    The events to be covered by this rule will be enforced on the 
respective dates listed in the table below.

[[Page 30159]]



------------------------------------------------------------------------
      Item No.             Name of event           Date and location
------------------------------------------------------------------------
1...................  New Orleans Navy Week.  Date: April 27, 2015.
                                              Location: The entire width
                                               of the Lower Mississippi
                                               River between MM 94 and
                                               MM 96 Above Head of
                                               Passes.
2...................  Hosts Global..........  Date: April 28, 2015.
                                              Location: The entire width
                                               of the Lower Mississippi
                                               River between MM 94 and
                                               MM 96 Above Head of
                                               Passes.
3...................  Madisonville 4th of     Date: July 4, 2015.
                       July.                  Location: The entire width
                                               of the Tchefuncta River
                                               between the confluence of
                                               the Tchefuncta River and
                                               Lake Pontchartrain,
                                               extending one mile north.
4...................  Mandeville City         Date: July 4, 2015.
                       Seafood Festival.      Location: 350 feet in all
                                               directions from the end
                                               of the Fountainbleau
                                               State Park Pier in Lake
                                               Pontchartrain.
5...................  Mandeville Lakefront    Date: July 4, 2015.
                       Fireworks.             Location: 350 feet in all
                                               directions from the
                                               fireworks barge, which
                                               will be positioned
                                               offshore of Mandeville,
                                               LA in Lake Pontchartrain.
------------------------------------------------------------------------

    Entry into these 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 broadcast 
notices to mariners of the enforcement period for the safety zones 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, at (504) 365-
2200.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. These temporary safety 
zones will restrict navigation on the Lower Mississippi River in the 
vicinity of New Orleans, Louisiana, the southern end of the Tchefuncta 
River near Madisonville, Louisiana, and Lake Pontchartrain in vicinity 
of Mandeville, Louisiana. No safety zone will be established for longer 
than one hour. Due to the limited scope and short duration of each 
temporary safety zone, the impacts on routine navigation are expected 
to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 rule.
    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 because it is limited in scope and each temporary safety zone 
will only be in effect for approximately one hour on one day. This rule 
will affect the following entities, some of which may be small 
entities: The owners or operators of vessels intending to transit the 
following waterways on the listed dates: The Lower Mississippi River in 
New Orleans, Louisiana on April 27, 2015 and April 28, 2015; the 
Tchefuncta River near Madisonville, Louisiana on July 4, 2015, and the 
north shore of Lake Pontchartrain in the vicinity of Mandeville, LA on 
July 4, 2015. Before enforcement, COTP New Orleans will issue maritime 
advisories widely available to users of the impacted waterways and will 
make notifications to the public through marine band radio when the 
temporary safety zones are being enforced. Additionally, deviation from 
this rule may be requested and will be considered on a case by case 
basis by COTP New Orleans or a COTP New Orleans designated 
representative.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the

[[Page 30160]]

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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 establishing temporary safety zones in 
the Lower Mississippi River, Tchefuncta River, and Lake Pontchartrain. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a 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 rule.

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; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04.6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. A new temporary Sec.  165.T08-1069 is added to read as follows:


Sec.  165.T08-1069  Safety Zones, Captain of the Port New Orleans Zone, 
LA.

    (a) Locations. The following areas are safety zones:
    (1) All waters of the Lower Mississippi River from mile marker 94 
to mile marker 96 above Head of Passes, New Orleans, LA. This location 
will be used for the New Orleans Navy Week and Hosts Global events.
    (2) All waters of the Tchefuncta River from the confluence of the 
Tchefuncta River and Lake Pontchartrain, extending one mile north into 
the Tchefuncta River, Madisonville, LA. This location will be used for 
the Madisonville Fourth of July event.
    (3) All waters of Lake Pontchartrain extending 350 feet in all 
directions from the end of the Fountainbleau State Park Pier in 
Mandeville, LA. This location will be used for the Mandeville City 
Seafood Festival.
    (4) All waters of Lake Pontchartrain extending 350 feet in all 
directions from a fireworks barge located offshore of Mandeville, LA. 
This location will be used for the Mandeville Lakefront Fireworks 
event.
    (b) Effective Dates and Enforcement Periods. This rule is effective 
during five individual events occurring on three separate dates from 
April 27, 2015 through July 4, 2015. The temporary safety zones will be 
enforced during the following dates and times:
    (1) April 27, 2015, in the evening for one hour or less in the 
location noted in section a.1.
    (2) April 28, 2015, in the evening for one hour or less in the 
location noted in section a.1.
    (3) July 4, 2015, in the evening for one hour or less in the 
location noted in section a.2.
    (4) July 4, 2015, in the evening for one hour or less the locations 
noted in section a.3 and a.4.
    (c) 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 Sector New Orleans.
    (2) Persons and 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 on VHF-FM Channel 16 
or 67, or through Coast Guard Sector New Orleans at 504-365-2200.
    (3) Persons and vessels permitted to deviate from this rule must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP New Orleans or designated representative.
    (d) Information Broadcasts. The COTP New Orleans or a COTP New 
Orleans designated representative will inform the public through 
broadcast notices to mariners of the enforcement period for the safety 
zones as well as any changes in the planned schedule.


[[Page 30161]]


    Dated: April 24, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2015-12735 Filed 5-26-15; 8:45 am]
BILLING CODE 9110-04-P



                                                30158            Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations

                                                available at http://www.regulations.gov.                  Dated: May 15, 2015.                                SUPPLEMENTARY INFORMATION:
                                                Type the docket number in the                           Hal R. Pitts,
                                                                                                                                                              Table of Acronyms
                                                ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                    Bridge Program Manager, Fifth Coast Guard
                                                Click on Open Docket Folder on the line                 District.                                             AHP Above Head of Passes
                                                associated with this deviation. You may                 [FR Doc. 2015–12737 Filed 5–26–15; 8:45 am]           COTP Captain of the Port
                                                also visit the Docket Management                                                                              DHS Department of Homeland Security
                                                                                                        BILLING CODE 9110–04–P
                                                                                                                                                              FR Federal Register
                                                Facility in Room W12–140 on the                                                                               MM Mile Marker
                                                ground floor of the Department of                                                                             NPRM Notice of Proposed Rulemaking
                                                Transportation West Building, 1200                      DEPARTMENT OF HOMELAND
                                                New Jersey Avenue SE., Washington,                      SECURITY                                              A. Regulatory History and Information
                                                DC 20590, between 9 a.m. and 5 p.m.,                                                                             On March 25, 2015, the Coast Guard
                                                Monday through Friday, except Federal                   Coast Guard                                           published an NPRM entitled Safety
                                                holidays.                                                                                                     Zones; Captain of the Port New Orleans
                                                                                                        33 CFR Part 165                                       Zone in the Federal Register (80 FR
                                                FOR FURTHER INFORMATION CONTACT: If
                                                you have questions on this temporary                    [Docket Number USCG–2014–1069]                        15705). We did not receive any
                                                deviation, call or email Mr. Hal R. Pitts,                                                                    comments in response to the proposed
                                                                                                        RIN 1625–AA00
                                                Bridge Administration Branch Fifth                                                                            rule. No public meeting was requested
                                                District, Coast Guard; telephone (757)                  Safety Zones, Captain of the Port New                 and none were held.
                                                398–6222, email Hal.R.Pitts@uscg.mil. If                                                                         Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                        Orleans Zone
                                                you have questions on viewing the                                                                             Guard finds that good cause exists for
                                                docket, call Cheryl Collins, Program                    AGENCY:    Coast Guard, DHS.                          making this rule effective less than 30
                                                Manager, Docket Operations, telephone                   ACTION:   Temporary final rule.                       days after publication in the Federal
                                                202–366–9826.                                                                                                 Register. Providing a full 30 days notice
                                                                                                        SUMMARY:   The Coast Guard is                         is contrary to the public interest as it
                                                SUPPLEMENTARY INFORMATION: The                          establishing temporary safety zones for               would delay the effectiveness of a
                                                Virginia Department of Transportation,                  multiple locations and dates within the               portion of the safety zones until after the
                                                who owns and operates the James River                   Captain of the Port New Orleans zone.                 planned fireworks events. Immediate
                                                Draw Bridge, has requested a temporary                  These safety zones are necessary to                   action is needed to protect vessels and
                                                deviation from the current operating                    protect persons and vessels from                      mariners from the safety hazards
                                                regulations set out in 33 CFR 117.5, to                 potential safety hazards associated with              associated with aerial fireworks displays
                                                facilitate electrical repairs on the south              fireworks displays on or over Federal                 over a waterway when large
                                                tower of the bridge.                                    waterways. Entry into these zones is                  concentrations of spectators are
                                                   Under the regular operating schedule,                prohibited unless specifically                        expected. The Coast Guard did not
                                                the James River Draw Bridge, mile 5.0,                  authorized by the Captain of the Port                 receive any comments on the proposed
                                                between Isle of Wight and Newport                       (COTP) New Orleans or a designated                    rule following the publication of the
                                                News, VA, opens on signal. The bridge                   representative.                                       NPRM. The Coast Guard will give actual
                                                is a vertical lift draw bridge and has a
                                                                                                        DATES: This rule is effective without                 notice to the public and maritime
                                                vertical clearance in the closed position
                                                                                                        actual notice from May 27, 2015 until                 community that each safety zone will be
                                                of 60 feet above mean high water.
                                                                                                        July 4, 2015. For the purposes of                     in effect and of the enforcement periods
                                                   Under this temporary deviation, the
                                                                                                        enforcement, actual notice will be used               via broadcast notices to mariners.
                                                bridge will be closed to navigation from
                                                8 a.m. to 8 p.m. on June 8, 2015.                       from April 24, 2015 until May 27, 2015.               B. Basis and Purpose
                                                   The James River is used by a variety                 ADDRESSES: Documents mentioned in
                                                                                                                                                                The legal basis and authorities for this
                                                of vessels including freighters, tugs, and              this preamble are part of docket [USCG–
                                                                                                                                                              rule are found in 33 U.S.C. 1231; 50
                                                recreational vessels. The Coast Guard                   2014–1069]. To view documents
                                                                                                                                                              U.S.C. 191; 33 CFR 1.05–1; 6.04–1,
                                                has carefully coordinated the                           mentioned in this preamble as being
                                                                                                                                                              6.04–6, and 160.5; Department of
                                                restrictions with commercial and                        available in the docket, go to http://
                                                                                                                                                              Homeland Security Delegation No.
                                                recreational waterway users.                            www.regulations.gov, type the docket
                                                                                                                                                              0170.1, which collectively authorize the
                                                   Vessels able to pass through the                     number in the ‘‘SEARCH’’ box and click
                                                                                                                                                              Coast Guard to establish and define
                                                bridge in the closed position may do so                 ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                                                              safety zones.
                                                at any time. The bridge will not be able                Folder on the line associated with this                 The Coast Guard has determined that
                                                to open for emergencies and there is no                 rulemaking. You may also visit the                    temporary safety zones are necessary to
                                                alternate route for vessels to pass for                 Docket Management Facility in Room                    promote the safety of life on navigable
                                                vessels unable to pass through the                      W12–140 on the ground floor of the                    waterways within the COTP New
                                                bridge in the closed position. The Coast                Department of Transportation West                     Orleans Zone during these events due to
                                                Guard will also inform the users of the                 Building, 1200 New Jersey Avenue SE.,                 the potentially hazardous conditions
                                                waterways through our Local and                         Washington, DC 20590, between 9 a.m.                  caused by the fireworks and the high
                                                Broadcast Notice to Mariners of the                     and 5 p.m., Monday through Friday,                    volume of spectators that are
                                                change in operating schedule for the                    except Federal holidays.                              anticipated.
                                                bridge so that vessels can arrange their                FOR FURTHER INFORMATION CONTACT: If
                                                transits to minimize any impacts caused                 you have questions on this rule, call or              C. Discussion of the Final Rule
                                                by the temporary deviation.                             email Lieutenant Commander (LCDR)                        The Coast Guard is establishing five
mstockstill on DSK4VPTVN1PROD with RULES




                                                   In accordance with 33 CFR 117.35(e),                 James Gatz, Sector New Orleans, at (504)              temporary safety zones within the
                                                the drawbridge must return to its regular               365–2281 or James.C.Gatz@uscg.mil. If                 Captain of the Port (COTP) New Orleans
                                                operating schedule immediately at the                   you have questions on viewing or                      Zone between April 27, 2015 and July
                                                end of the effective period of this                     submitting material to the docket, call               4, 2015.
                                                temporary deviation. This deviation                     Cheryl F. Collins, Program Manager,                      The events to be covered by this rule
                                                from the operating regulations is                       Docket Operations, telephone (202)                    will be enforced on the respective dates
                                                authorized under 33 CFR 117.35.                         366–9826.                                             listed in the table below.


                                           VerDate Sep<11>2014   17:50 May 26, 2015   Jkt 235001   PO 00000   Frm 00030   Fmt 4700   Sfmt 4700   E:\FR\FM\27MYR1.SGM   27MYR1


                                                                      Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations                                                      30159

                                                  Item No.                             Name of event                                                                   Date and location

                                                1 ...............   New Orleans Navy Week ...........................              Date: April 27, 2015.
                                                                                                                                   Location: The entire width of the Lower Mississippi River between MM 94 and MM 96
                                                                                                                                     Above Head of Passes.
                                                2 ...............   Hosts Global ...............................................   Date: April 28, 2015.
                                                                                                                                   Location: The entire width of the Lower Mississippi River between MM 94 and MM 96
                                                                                                                                     Above Head of Passes.
                                                3 ...............   Madisonville 4th of July ..............................        Date: July 4, 2015.
                                                                                                                                   Location: The entire width of the Tchefuncta River between the confluence of the
                                                                                                                                     Tchefuncta River and Lake Pontchartrain, extending one mile north.
                                                4 ...............   Mandeville City Seafood Festival ...............               Date: July 4, 2015.
                                                                                                                                   Location: 350 feet in all directions from the end of the Fountainbleau State Park Pier
                                                                                                                                     in Lake Pontchartrain.
                                                5 ...............   Mandeville Lakefront Fireworks ..................              Date: July 4, 2015.
                                                                                                                                   Location: 350 feet in all directions from the fireworks barge, which will be positioned
                                                                                                                                     offshore of Mandeville, LA in Lake Pontchartrain.



                                                  Entry into these zones is prohibited                               2. Impact on Small Entities                            we want to assist small entities in
                                                unless permission has been granted by                                   The Regulatory Flexibility Act of 1980              understanding this rule. If the rule
                                                the COTP New Orleans, or a designated                                (RFA), 5 U.S.C. 601–612, as amended,                   would affect your small business,
                                                representative.                                                      requires federal agencies to consider the              organization, or governmental
                                                  The COTP New Orleans will inform                                   potential impact of regulations on small               jurisdiction and you have questions
                                                the public through broadcast notices to                              entities during rulemaking. The term                   concerning its provisions or options for
                                                mariners of the enforcement period for                               ‘‘small entities’’ comprises small                     compliance, please contact the person
                                                the safety zones as well as any changes                              businesses, not-for-profit organizations               listed in the FOR FURTHER INFORMATION
                                                                                                                                                                            CONTACT, above.
                                                in the planned schedule. Mariners and                                that are independently owned and
                                                                                                                                                                               Small businesses may send comments
                                                other members of the public may also                                 operated and are not dominant in their
                                                                                                                                                                            on the actions of Federal employees
                                                contact Coast Guard Sector New Orleans                               fields, and governmental jurisdictions
                                                                                                                                                                            who enforce, or otherwise determine
                                                Command Center to inquire about the                                  with populations of less than 50,000.
                                                                                                                                                                            compliance with, Federal regulations to
                                                status of the safety zone, at (504) 365–                             The Coast Guard received no comments
                                                                                                                                                                            the Small Business and Agriculture
                                                2200.                                                                from the Small Business Administration
                                                                                                                                                                            Regulatory Enforcement Ombudsman
                                                                                                                     on this rule.
                                                D. Regulatory Analyses                                                                                                      and the Regional Small Business
                                                                                                                        The Coast Guard certifies under 5
                                                                                                                                                                            Regulatory Fairness Boards. The
                                                  We developed this rule after                                       U.S.C. 605(b) that this rule will not have
                                                                                                                                                                            Ombudsman evaluates these actions
                                                considering numerous statutes and                                    a significant economic impact on a
                                                                                                                                                                            annually and rates each agency’s
                                                executive orders related to rulemaking.                              substantial number of small entities
                                                                                                                                                                            responsiveness to small business. If you
                                                Below we summarize our analyses                                      because it is limited in scope and each
                                                                                                                                                                            wish to comment on actions by
                                                based on these statutes and executive                                temporary safety zone will only be in
                                                                                                                                                                            employees of the Coast Guard, call 1–
                                                orders.                                                              effect for approximately one hour on
                                                                                                                                                                            888–REG–FAIR (1–888–734–3247). The
                                                                                                                     one day. This rule will affect the
                                                                                                                                                                            Coast Guard will not retaliate against
                                                1. Regulatory Planning and Review                                    following entities, some of which may
                                                                                                                                                                            small entities that question or complain
                                                                                                                     be small entities: The owners or
                                                  This rule is not a significant                                                                                            about this rule or any policy or action
                                                                                                                     operators of vessels intending to transit
                                                regulatory action under section 3(f) of                                                                                     of the Coast Guard.
                                                                                                                     the following waterways on the listed
                                                Executive Order 12866, Regulatory                                    dates: The Lower Mississippi River in                  4. Collection of Information
                                                Planning and Review, as supplemented                                 New Orleans, Louisiana on April 27,
                                                by Executive Order 13563, Improving                                                                                            This rule will not call for a new
                                                                                                                     2015 and April 28, 2015; the Tchefuncta                collection of information under the
                                                Regulation and Regulatory Review, and                                River near Madisonville, Louisiana on                  Paperwork Reduction Act of 1995 (44
                                                does not require an assessment of                                    July 4, 2015, and the north shore of Lake              U.S.C. 3501–3520).
                                                potential costs and benefits under                                   Pontchartrain in the vicinity of
                                                section 6(a)(3) of Executive Order 12866                             Mandeville, LA on July 4, 2015. Before                 5. Federalism
                                                or under section 1 of Executive Order                                enforcement, COTP New Orleans will                        A rule has implications for federalism
                                                13563. The Office of Management and                                  issue maritime advisories widely                       under Executive Order 13132,
                                                Budget has not reviewed it under those                               available to users of the impacted                     Federalism, if it has a substantial direct
                                                Orders. These temporary safety zones                                 waterways and will make notifications                  effect on the States, on the relationship
                                                will restrict navigation on the Lower                                to the public through marine band radio                between the national government and
                                                Mississippi River in the vicinity of New                             when the temporary safety zones are                    the States, or on the distribution of
                                                Orleans, Louisiana, the southern end of                              being enforced. Additionally, deviation                power and responsibilities among the
                                                the Tchefuncta River near Madisonville,                              from this rule may be requested and will               various levels of government. We have
                                                Louisiana, and Lake Pontchartrain in                                 be considered on a case by case basis by               analyzed this rule under that Order and
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                                                vicinity of Mandeville, Louisiana. No                                COTP New Orleans or a COTP New                         determined that this rule does not have
                                                safety zone will be established for                                  Orleans designated representative.                     implications for federalism.
                                                longer than one hour. Due to the limited
                                                scope and short duration of each                                     3. Assistance for Small Entities                       6. Protest Activities
                                                temporary safety zone, the impacts on                                  Under section 213(a) of the Small                       The Coast Guard respects the First
                                                routine navigation are expected to be                                Business Regulatory Enforcement                        Amendment rights of protesters.
                                                minimal.                                                             Fairness Act of 1996 (Pub. L. 104–121),                Protesters are asked to contact the


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                                                30160            Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations

                                                person listed in the FOR FURTHER                        consider the use of voluntary consensus               will be used for the Madisonville Fourth
                                                INFORMATION CONTACT section to                          standards.                                            of July event.
                                                coordinate protest activities so that your                                                                       (3) All waters of Lake Pontchartrain
                                                                                                        14. Environment
                                                message can be received without                                                                               extending 350 feet in all directions from
                                                jeopardizing the safety or security of                     We have analyzed this rule under
                                                                                                                                                              the end of the Fountainbleau State Park
                                                people, places or vessels.                              Department of Homeland Security
                                                                                                                                                              Pier in Mandeville, LA. This location
                                                                                                        Management Directive 023–01 and
                                                7. Unfunded Mandates Reform Act                                                                               will be used for the Mandeville City
                                                                                                        Commandant Instruction M16475.lD,
                                                                                                                                                              Seafood Festival.
                                                   The Unfunded Mandates Reform Act                     which guide the Coast Guard in
                                                of 1995 (2 U.S.C. 1531–1538) requires                   complying with the National                              (4) All waters of Lake Pontchartrain
                                                Federal agencies to assess the effects of               Environmental Policy Act of 1969                      extending 350 feet in all directions from
                                                their discretionary regulatory actions. In              (NEPA) (42 U.S.C. 4321–4370f), and                    a fireworks barge located offshore of
                                                particular, the Act addresses actions                   have determined that this action is one               Mandeville, LA. This location will be
                                                that may result in the expenditure by a                 of a category of actions that do not                  used for the Mandeville Lakefront
                                                State, local, or tribal government, in the              individually or cumulatively have a                   Fireworks event.
                                                aggregate, or by the private sector of                  significant effect on the human                          (b) Effective Dates and Enforcement
                                                $100,000,000 (adjusted for inflation) or                environment. This rule involves                       Periods. This rule is effective during five
                                                more in any one year. Though this rule                  establishing temporary safety zones in                individual events occurring on three
                                                will not result in such an expenditure,                 the Lower Mississippi River, Tchefuncta               separate dates from April 27, 2015
                                                we do discuss the effects of this rule                  River, and Lake Pontchartrain. This rule              through July 4, 2015. The temporary
                                                elsewhere in this preamble.                             is categorically excluded from further                safety zones will be enforced during the
                                                8. Taking of Private Property                           review under paragraph 34(g) of Figure                following dates and times:
                                                                                                        2–1 of the Commandant Instruction. An                    (1) April 27, 2015, in the evening for
                                                   This rule will not cause a taking of                 environmental analysis checklist
                                                private property or otherwise have                                                                            one hour or less in the location noted in
                                                                                                        supporting this determination and a                   section a.1.
                                                taking implications under Executive                     Categorical Exclusion Determination are
                                                Order 12630, Governmental Actions and                   available in the docket where indicated                  (2) April 28, 2015, in the evening for
                                                Interference with Constitutionally                                                                            one hour or less in the location noted in
                                                                                                        under ADDRESSES. We seek any
                                                Protected Property Rights.                                                                                    section a.1.
                                                                                                        comments or information that may lead
                                                9. Civil Justice Reform                                 to the discovery of a significant                        (3) July 4, 2015, in the evening for one
                                                   This rule meets applicable standards                 environmental impact from this rule.                  hour or less in the location noted in
                                                in sections 3(a) and 3(b)(2) of Executive                                                                     section a.2.
                                                                                                        List of Subjects in 33 CFR Part 165
                                                Order 12988, Civil Justice Reform, to                                                                            (4) July 4, 2015, in the evening for one
                                                minimize litigation, eliminate                            Harbors, Marine safety, Navigation                  hour or less the locations noted in
                                                ambiguity, and reduce burden.                           (water), Reporting and recordkeeping                  section a.3 and a.4.
                                                                                                        requirements, Security measures,
                                                10. Protection of Children                              Waterways.                                               (c) Regulations. (1) In accordance with
                                                                                                                                                              the general regulations in § 165.23 of
                                                  We have analyzed this rule under                        For the reasons discussed in the
                                                                                                                                                              this part, entry into these zones is
                                                Executive Order 13045, Protection of                    preamble, the Coast Guard amends 33
                                                                                                                                                              prohibited unless specifically
                                                Children from Environmental Health                      CFR part 165 as follows:
                                                                                                                                                              authorized by the Captain of the Port
                                                Risks and Safety Risks. This rule is not                                                                      (COTP) New Orleans or designated
                                                an economically significant rule and                    PART 165—REGULATED NAVIGATION
                                                                                                        AREAS AND LIMITED ACCESS AREAS                        personnel. Designated personnel
                                                does not create an environmental risk to                                                                      include commissioned, warrant and
                                                health or risk to safety that may                                                                             petty officers of the U.S. Coast Guard
                                                                                                        ■ 1. The authority citation for part 165
                                                disproportionately affect children.
                                                                                                        continues to read as follows:                         assigned to units under the operational
                                                11. Indian Tribal Governments                             Authority: 33 U.S.C. 1231; 46 U.S.C.                control of Sector New Orleans.
                                                   This rule does not have tribal                       Chapter 701, 3306, 3703; 50 U.S.C. 191; 33               (2) Persons and vessels requiring
                                                implications under Executive Order                      CFR 1.05–1, 6.04–1, 6.04.6, and 160.5; Pub.           deviation from this rule must request
                                                13175, Consultation and Coordination                    L. 107–295, 116 Stat. 2064; Department of             permission from the COTP New Orleans
                                                with Indian Tribal Governments,                         Homeland Security Delegation No. 0170.1.              or a COTP New Orleans designated
                                                because it does not have a substantial                  ■ 2. A new temporary § 165.T08–1069 is                representative. They may be contacted
                                                direct effect on one or more Indian                     added to read as follows:                             on VHF–FM Channel 16 or 67, or
                                                tribes, on the relationship between the                                                                       through Coast Guard Sector New
                                                Federal Government and Indian tribes,                   § 165.T08–1069 Safety Zones, Captain of               Orleans at 504–365–2200.
                                                                                                        the Port New Orleans Zone, LA.
                                                or on the distribution of power and                                                                              (3) Persons and vessels permitted to
                                                responsibilities between the Federal                      (a) Locations. The following areas are
                                                                                                        safety zones:                                         deviate from this rule must transit at the
                                                Government and Indian tribes.                                                                                 slowest safe speed and comply with all
                                                                                                           (1) All waters of the Lower
                                                12. Energy Effects                                      Mississippi River from mile marker 94                 lawful directions issued by the COTP
                                                                                                        to mile marker 96 above Head of Passes,               New Orleans or designated
                                                  This action is not a ‘‘significant
                                                                                                        New Orleans, LA. This location will be                representative.
                                                energy action’’ under Executive Order
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                                                13211, Actions Concerning Regulations                   used for the New Orleans Navy Week                       (d) Information Broadcasts. The COTP
                                                That Significantly Affect Energy Supply,                and Hosts Global events.                              New Orleans or a COTP New Orleans
                                                Distribution, or Use.                                      (2) All waters of the Tchefuncta River             designated representative will inform
                                                                                                        from the confluence of the Tchefuncta                 the public through broadcast notices to
                                                13. Technical Standards                                 River and Lake Pontchartrain, extending               mariners of the enforcement period for
                                                  This rule does not use technical                      one mile north into the Tchefuncta                    the safety zones as well as any changes
                                                standards. Therefore, we did not                        River, Madisonville, LA. This location                in the planned schedule.


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                                                                 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations                                           30161

                                                  Dated: April 24, 2015.                                FOR FURTHER INFORMATION CONTACT:                      incorporation by reference. In
                                                P.C. Schifflin,                                         Kristin Hall at (206) 553–6357,                       accordance with requirements of 1 CFR
                                                Captain, U.S. Coast Guard, Captain of the               hall.kristin@epa.gov, or by using the                 51.5, the EPA is finalizing the
                                                Port New Orleans.                                       above EPA, Region 10 address.                         incorporation by reference of the
                                                [FR Doc. 2015–12735 Filed 5–26–15; 8:45 am]             SUPPLEMENTARY INFORMATION:                            provisions of 18 AAC 50 set forth below.
                                                BILLING CODE 9110–04–P                                  Throughout this document wherever                     The EPA has made, and will continue
                                                                                                        ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is              to make, these documents generally
                                                                                                        intended to refer to the EPA.                         available electronically through
                                                ENVIRONMENTAL PROTECTION                                                                                      www.regulations.gov and/or in hard
                                                                                                        Table of Contents
                                                AGENCY                                                                                                        copy at the appropriate EPA office (see
                                                                                                        I. Background                                         the ADDRESSES section of this preamble
                                                40 CFR Part 52                                          II. Final Action                                      for more information).
                                                                                                        III. Incorporation by Reference
                                                [EPA–R10–OAR–2014–0532; FRL–9928–17–                    IV. Statutory and Executive Order Reviews             IV. Statutory and Executive Order
                                                Region 10]                                                                                                    Reviews
                                                                                                        I. Background
                                                Approval and Promulgation of                                                                                     Under the CAA, the Administrator is
                                                                                                           In a notice of proposed rulemaking
                                                Implementation Plans; Alaska                                                                                  required to approve a SIP submission
                                                                                                        published in the Federal Register at 80
                                                                                                                                                              that complies with the provisions of the
                                                                                                        FR 14038, March 18, 2015, the EPA
                                                AGENCY:  Environmental Protection                                                                             CAA and applicable Federal regulations.
                                                                                                        proposed to approve and incorporate by
                                                Agency.                                                                                                       42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                        reference revisions to the Alaska SIP
                                                ACTION: Final rule.                                                                                           Thus, in reviewing SIP submissions, the
                                                                                                        submitted on July 1, 2014 and October
                                                                                                                                                              EPA’s role is to approve State choices,
                                                                                                        24, 2014. Please see our March 18, 2015,
                                                SUMMARY:    The Environmental Protection                                                                      provided that they meet the criteria of
                                                                                                        proposed rulemaking for further
                                                Agency (EPA) is approving revisions to                                                                        the CAA. Accordingly, this action
                                                                                                        explanation and the basis for our
                                                the Alaska State Implementation Plan                                                                          merely approves State law as meeting
                                                                                                        finding. The public comment period for
                                                (SIP) submitted on July 1, 2014 and                                                                           Federal requirements and does not
                                                                                                        the proposal ended on April 17, 2015.
                                                October 24, 2014. These revisions                                                                             impose additional requirements beyond
                                                                                                        We received a comment letter from the
                                                primarily update the adoption by                        Alaska Department of Environmental                    those imposed by State law. For that
                                                reference of Federal regulations and                    Conservation, dated April 16, 2015,                   reason, this action:
                                                definitions into the Alaska SIP. The                                                                             • Is not a significant regulatory action
                                                                                                        acknowledging our work and supporting
                                                revisions also clarify stationary source                                                                      subject to review by the Office of
                                                                                                        the proposal. We received no other
                                                permitting rules governing owner-                       comments.                                             Management and Budget under
                                                requested emission limits and revise the                                                                      Executive Orders 12866 (58 FR 51735,
                                                SIP to reflect the redesignation of the                 II. Final Action                                      October 4, 1993) and 13563 (76 FR 3821,
                                                Eagle River area of Anchorage. Upon the                    The EPA is approving and                           January 21, 2011);
                                                effective date, the Alaska SIP will be                  incorporating by reference into the                      • does not impose an information
                                                updated to reflect recent Federal                       Alaska SIP changes to the following                   collection burden under the provisions
                                                regulatory changes and actions.                         provisions submitted on July 1, 2014                  of the Paperwork Reduction Act (44
                                                DATES: This final rule is effective on                  and October 24, 2014:                                 U.S.C. 3501 et seq.);
                                                June 26, 2015.                                             • 18 AAC 50.015 ‘‘Air Quality                         • is certified as not having a
                                                                                                        Designations, Classifications, and                    significant economic impact on a
                                                ADDRESSES: The EPA has established a
                                                                                                        Control Regions’’ (State effective 10/6/              substantial number of small entities
                                                docket for this action under Docket                                                                           under the Regulatory Flexibility Act (5
                                                Identification No. EPA–R10–OAR–                         2013);
                                                2014–0532. All documents in the docket                     • 18 AAC 50.040 ‘‘Federal Standards                U.S.C. 601 et seq.);
                                                                                                        Adopted by Reference’’ (State effective                  • does not contain any unfunded
                                                are listed on the http://                                                                                     mandate or significantly or uniquely
                                                www.regulations.gov Web site. Although                  10/6/2013);
                                                                                                           • 18 AAC 50.225 ‘‘Owner-Requested                  affect small governments, as described
                                                listed in the index, some information                                                                         in the Unfunded Mandates Reform Act
                                                                                                        Limits’’ (State effective 10/6/2013);
                                                may not be publicly available, i.e.,                       • 18 AAC 50.260 ‘‘Guidelines for Best              of 1995 (Pub. L. 104–4);
                                                Confidential Business Information or                    Available Retrofit Technology under the                  • does not have Federalism
                                                other information the disclosure of                     Regional Haze Rule’’ (State effective 10/             implications as specified in Executive
                                                which is restricted by statute. Certain                 6/2013);                                              Order 13132 (64 FR 43255, August 10,
                                                other material, such as copyrighted                        • 18 AAC 50.502 ‘‘Minor Permits for                1999);
                                                material, is not placed on the Internet                 Air Quality Protection’’ (State effective                • is not an economically significant
                                                and will be publicly available only in                  11/9/2014); and                                       regulatory action based on health or
                                                hard copy form. Publicly available                         • 18 AAC 50.990 ‘‘Definitions’’ (State             safety risks subject to Executive Order
                                                docket materials are available either                   effective 11/9/2014).                                 13045 (62 FR 19885, April 23, 1997);
                                                electronically through http://                          We note that this action does not                        • is not a significant regulatory action
                                                www.regulations.gov or in hard copy at                  address the submitted revisions related               subject to Executive Order 13211 (66 FR
                                                EPA Region 10, Office of Air, Waste,                    to Alaska’s nonattainment NSR                         28355, May 22, 2001);
                                                and Toxics, AWT–150, 1200 Sixth                         permitting program because we                            • is not subject to requirements of
                                                Avenue, Seattle, Washington 98101. The                  approved those changes on January 7,                  Section 12(d) of the National
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                                                EPA requests that you contact the                       2015 (80 FR 832). This action is being                Technology Transfer and Advancement
                                                person listed in the FOR FURTHER                        taken under section 110 and part C of                 Act of 1995 (15 U.S.C. 272 note) because
                                                INFORMATION CONTACT section to                          title I of the CAA.                                   this action does not involve technical
                                                schedule your inspection. The Regional                                                                        standards; and
                                                Office’s official hours of business are                 III. Incorporation by Reference                          • does not provide the EPA with the
                                                Monday through Friday, 8:30 a.m. to                        In this rule, the EPA is finalizing                discretionary authority to address, as
                                                4:30 p.m., excluding Federal holidays.                  regulatory text that includes                         appropriate, disproportionate human


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Document Created: 2015-12-15 15:35:54
Document Modified: 2015-12-15 15:35:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from May 27, 2015 until July 4, 2015. For the purposes of enforcement, actual notice will be used from April 24, 2015 until May 27, 2015.
ContactIf you have questions on this rule, call or email Lieutenant Commander (LCDR) James Gatz, Sector New Orleans, at (504) 365-2281 or [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366- 9826.
FR Citation80 FR 30158 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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