81_FR_19950 81 FR 19884 - Safety Zone; Lower Mississippi River Mile 95.7 to 96.7; New Orleans, LA

81 FR 19884 - Safety Zone; Lower Mississippi River Mile 95.7 to 96.7; New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 66 (April 6, 2016)

Page Range19884-19886
FR Document2016-07729

The Coast Guard is establishing a temporary safety zone from Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP) on the Lower Mississippi River (LMR) on April 12, 2016. This safety zone is necessary to protect persons and vessels from potential safety hazards associated with fireworks displays on or over navigable waterways. Entry into this zone is prohibited unless specifically authorized by the Captain of the Port New Orleans or a designated representative.

Federal Register, Volume 81 Issue 66 (Wednesday, April 6, 2016)
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Rules and Regulations]
[Pages 19884-19886]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07729]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0189]
RIN 1625-AA00


Safety Zone; Lower Mississippi River Mile 95.7 to 96.7; New 
Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone from 
Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP) on the 
Lower Mississippi River (LMR) on April 12, 2016. This safety zone is 
necessary to protect persons and vessels from potential safety hazards 
associated with fireworks displays on or over navigable waterways. 
Entry into this zone is prohibited unless specifically authorized by 
the Captain of the Port New Orleans or a designated representative.

DATES: This rule is effective from 6:00 p.m. through 11:00 p.m. on 
April 12, 2016. Comments and related material must be received by the 
Coast Guard on or before May 6, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0189 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander (LCDR) James Gatz, Sector New 
Orleans, at (504) 365-2281 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AHP Above Head of Passes

[[Page 19885]]

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Public Participation and Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. If you submit a comment, please include the docket number for 
this rulemaking, indicate the specific section of this document to 
which each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this rule, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

III. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard received information 
about this fireworks display on or about January 27, 2016. Due to the 
risks associated with an aerial barge-based fireworks display taking 
place on and over the waterway, a safety zone is needed. It would be 
impracticable to publish a NPRM because the safety zone must be 
established on April 12, 2016. This rule provides for a comment period 
and comments received will be reviewed and analyzed to assist the Coast 
Guard in future rulemakings establishing similar safety zones. The 
Coast Guard will notify the public and maritime community that the 
safety zone will be in effect and of its enforcement periods via 
broadcast notices to mariners (BNM).
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Providing a full 30-
days notice would be impracticable because immediate action is needed 
to protect persons and property from the hazards associated with an 
aerial fireworks display taking place on and over the waterway.

IV. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. On April 12, 2016, a fireworks display will be launched from a 
barge positioned in the waterway adjacent to Mardi Gras World, an event 
venue located at MM 96.2 AHP on the Lower Mississippi River, in a high 
commercial traffic area near a tight river bend. Therefore, the Coast 
Guard has determined that a safety zone is needed to ensure safe 
navigation for all those in the vicinity of these fireworks displays.

V. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the 
Lower Mississippi River, for one hour during the evening of April 12, 
2016, to occur between 6 and 11 p.m. The safety zone will include the 
entire width of the Lower Mississippi River in New Orleans, LA from MM 
95.7 to MM 96.7 AHP. Entry into this zone 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 BNMs of the 
one-hour enforcement period for the safety zone 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.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. This safety zone will only restrict navigation on the Lower 
Mississippi River from MM 95.7 to MM 96.7 AHP, for approximately one 
hour on April 12, 2016. Due to the limited scope and short duration of 
the safety zone, the impacts on routine navigation are expected to be 
minimal.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
the safety zone area during the periods of enforcement. The safety zone 
will not have a significant economic impact on a substantial number of 
small entities because they are limited in scope and will be in effect 
for a short period of time. Before the enforcement periods, the Coast 
Guard COTP will issue maritime advisories widely available to waterway 
users. Deviation from the safety zone established through this 
rulemaking may be requested from the appropriate COTP and requests will 
be considered on a case-by-case basis.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule

[[Page 19886]]

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 above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves establishment of a temporary safety zone for all waters 
of the Lower Mississippi River from MM 95.7 to MM 96.7 AHP. It 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T08-0189 to read as follows:


Sec.  165.T08-0189  Safety Zones; Lower Mississippi River Miles 95.7 to 
96.7; New Orleans, LA.

    (a) Location. The following area is a safety zone: All waters of 
the Lower Mississippi River from mile marker 95.7 to mile marker 96.7 
Above Head of Passes, New Orleans, LA.
    (b) Enforcement period. This rule is enforceable on April 12, 2016, 
for one hour in the evening to occur between 6:00 p.m. and 11:00 p.m. 
The one-hour enforcement period will be noticed as indicated under 
paragraph (d) of this section.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone 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 USCG Sector New Orleans. For this rule 
the COTP's designated representative is Vessel Traffic Service Lower 
Mississippi River.
    (2) 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 Vessel Traffic Service Lower Mississippi River at 504-365-2415.
    (3) Persons and vessels permitted to deviate from this safety zone 
regulation and enter the restricted area must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP New 
Orleans or the 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 
zone as well as any changes in the planned schedule.

    Dated: March 30, 2016.
W.R. Arguin Jr.,
Captain, U.S. Coast Guard, Acting Captain of the Port New Orleans.
[FR Doc. 2016-07729 Filed 4-5-16; 8:45 am]
BILLING CODE 9110-04-P



                                                  19884             Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations

                                                  technological support for, or goods or                  pursuant to this order who might have a                 Dated March 23, 2016.
                                                  services to or in support of:                           constitutional presence in the United States,         John E. Smith,
                                                     (1) any of the activities described in               I find that because of the ability to transfer        Acting Director, Office of Foreign Assets
                                                  subsection (a)(ii)(A) of this section; or               funds or other assets instantaneously, prior          Control.
                                                     (2) any person whose property and                    notice to such persons of measures to be
                                                  interests in property are blocked pursuant to                                                                   Approved: Dated: March 29, 2016.
                                                  this order; or                                          taken pursuant to this order would render
                                                                                                          those measures ineffectual. I therefore               Adam J. Szubin,
                                                     (D) to be owned or controlled by, or to have
                                                  acted or purported to act for or on behalf of,          determine that for these measures to be               Acting Under Secretary, Office of Terrorism
                                                  directly or indirectly, any person whose                effective in addressing the national                  and Financial Intelligence, Department of the
                                                  property and interests in property are                  emergency declared in this order, there need          Treasury.
                                                  blocked pursuant to this order.                         be no prior notice of a listing or                    [FR Doc. 2016–07851 Filed 4–5–16; 8:45 am]
                                                     (b) The prohibitions in subsection (a) of            determination made pursuant to section 1 of           BILLING CODE 4810–AL–P
                                                  this section apply except to the extent                 this order.
                                                  provided by statutes, or in regulations,
                                                                                                             Sec. 8. The Secretary of the Treasury, in
                                                  orders, directives, or licenses that may be
                                                  issued pursuant to this order, and                      consultation with the Secretary of State, is          DEPARTMENT OF HOMELAND
                                                  notwithstanding any contract entered into or            hereby authorized to take such actions,               SECURITY
                                                  any license or permit granted prior to the              including the promulgation of rules and
                                                  effective date of this order.                           regulations, and to employ all powers                 Coast Guard
                                                     Sec. 2. I hereby find that the unrestricted          granted to the President by IEEPA as may be
                                                  immigrant and nonimmigrant entry into the               necessary to carry out the purposes of this           33 CFR Part 165
                                                  United States of aliens determined to meet              order. The Secretary of the Treasury may
                                                  one or more of the criteria in subsection 1(a)                                                                [Docket Number USCG–2016–0189]
                                                                                                          redelegate any of these functions to other
                                                  of this order would be detrimental to the                                                                     RIN 1625–AA00
                                                                                                          officers and agencies of the United States
                                                  interests of the United States, and I hereby
                                                  suspend entry into the United States, as                Government consistent with applicable law.
                                                                                                          All agencies of the United States Government          Safety Zone; Lower Mississippi River
                                                  immigrants or nonimmigrants, of such
                                                  persons. Such persons shall be treated as               are hereby directed to take all appropriate           Mile 95.7 to 96.7; New Orleans, LA
                                                  persons covered by section 1 of Proclamation            measures within their authority to carry out          AGENCY:Coast Guard, DHS.
                                                  8693 of July 24, 2011 (Suspension of Entry              the provisions of this order.
                                                  of Aliens Subject to United Nations Security
                                                                                                                                                                      Temporary final rule; request for
                                                                                                                                                                ACTION:
                                                                                                             Sec. 9. The Secretary of the Treasury, in
                                                  Council Travel Bans and International                                                                         comments.
                                                                                                          consultation with the Secretary of State, is
                                                  Emergency Economic Powers Act Sanctions).               hereby authorized to determine that
                                                     Sec. 3. I hereby determine that the making
                                                                                                                                                                SUMMARY:   The Coast Guard is
                                                                                                          circumstances no longer warrant the blocking          establishing a temporary safety zone
                                                  of donations of the type of articles specified
                                                  in section 203(b)(2) of IEEPA (50 U.S.C.                of the property and interests in property of          from Mile Marker (MM) 95.7 to MM
                                                  1702(b)(2)) by, to, or for the benefit of any           a person listed in the Annex to this order,           96.7 above Head of Passes (AHP) on the
                                                  person whose property and interests in                  and to take necessary action to give effect to        Lower Mississippi River (LMR) on April
                                                  property are blocked pursuant to section 1 of           that determination.                                   12, 2016. This safety zone is necessary
                                                  this order would seriously impair my ability               Sec. 10. The Secretary of the Treasury, in         to protect persons and vessels from
                                                  to deal with the national emergency declared            consultation with the Secretary of State, is          potential safety hazards associated with
                                                  in this order, and I hereby prohibit such               hereby authorized to submit the recurring
                                                  donations as provided by section 1 of this
                                                                                                                                                                fireworks displays on or over navigable
                                                                                                          and final reports to the Congress on the              waterways. Entry into this zone is
                                                  order.                                                  national emergency declared in this order,
                                                     Sec. 4. The prohibitions in section 1 of this                                                              prohibited unless specifically
                                                                                                          consistent with section 401(c) of the NEA (50         authorized by the Captain of the Port
                                                  order include but are not limited to:
                                                     (a) the making of any contribution or                U.S.C. 1641(c)) and section 204(c) of IEEPA           New Orleans or a designated
                                                  provision of funds, goods, or services by, to,          (50 U.S.C. 1703(c)).                                  representative.
                                                  or for the benefit of any person whose                     Sec. 11. This order is not intended to, and
                                                  property and interests in property are                  does not, create any right or benefit,                DATES: This rule is effective from 6:00
                                                  blocked pursuant to this order; and                     substantive or procedural, enforceable at law         p.m. through 11:00 p.m. on April 12,
                                                     (b) the receipt of any contribution or               or in equity by any party against the United          2016. Comments and related material
                                                  provision of funds, goods, or services from             States, its departments, agencies, or entities,       must be received by the Coast Guard on
                                                  any such person.                                        its officers, employees, or agents, or any other      or before May 6, 2016.
                                                     Sec. 5. (a) Any transaction that evades or           person.                                               ADDRESSES: You may submit comments
                                                  avoids, has the purpose of evading or
                                                  avoiding, causes a violation of, or attempts to
                                                                                                             Sec. 12. This order is effective at 12:01 a.m.     identified by docket number USCG–
                                                  violate any of the prohibitions set forth in            eastern standard time on November 23, 2015.           2016–0189 using the Federal
                                                  this order is prohibited.                               Barack Obama                                          eRulemaking Portal at http://
                                                     (b) Any conspiracy formed to violate any                                                                   www.regulations.gov. See the ‘‘Public
                                                  of the prohibitions set forth in this order is          THE WHITE HOUSE,                                      Participation and Request for
                                                  prohibited.                                             November 22, 2015                                     Comments’’ portion of the
                                                     Sec. 6. For the purposes of this order:                                                                    SUPPLEMENTARY INFORMATION section for
                                                     (a) the term ‘‘person’’ means an individual          ANNEX                                                 further instructions on submitting
                                                  or entity;
                                                     (b) the term ‘‘entity’’ means a partnership,
                                                                                                            1. Alain Guillaume Bunyoni [Minister of             comments.
                                                  association, trust, joint venture, corporation,         Public Security; born January 2, 1972]                FOR FURTHER INFORMATION CONTACT: If
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  group, subgroup, or other organization; and               2. Cyrille Ndayirukiye [Former Defense              you have questions on this rule, call or
                                                     (c) the term ‘‘United States person’’ means          Minister; born July 8, 1954]                          email Lieutenant Commander (LCDR)
                                                  any United States citizen, permanent resident             3. Godefroid Niyombare [Major General;
                                                                                                                                                                James Gatz, Sector New Orleans, at (504)
                                                  alien, entity organized under the laws of the           born October 18, 1969]
                                                  United States or any jurisdiction within the
                                                                                                                                                                365–2281 or James.C.Gatz@uscg.mil.
                                                                                                            4. Godefroid Bizimana [born April 23,
                                                  United States (including foreign branches), or                                                                SUPPLEMENTARY INFORMATION:
                                                                                                          1968]
                                                  any person in the United States.                                                                              I. Table of Abbreviations
                                                     Sec. 7. For those persons whose property
                                                  and interests in property are blocked                                                                         AHP Above Head of Passes



                                             VerDate Sep<11>2014   16:28 Apr 05, 2016   Jkt 238001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\06APR1.SGM   06APR1


                                                                    Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations                                        19885

                                                  BNM Broadcast Notice to Mariners                        over the waterway, a safety zone is                   Below we summarize our analyses
                                                  CFR Code of Federal Regulations                         needed. It would be impracticable to                  based on a number of these statutes and
                                                  COTP Captain of the Port                                publish a NPRM because the safety zone                Executive orders, and we discuss First
                                                  DHS Department of Homeland Security
                                                                                                          must be established on April 12, 2016.                Amendment rights of protestors.
                                                  FR Federal Register
                                                  MM Mile Marker                                          This rule provides for a comment period
                                                                                                                                                                A. Regulatory Planning and Review
                                                  NPRM Notice of proposed rulemaking                      and comments received will be
                                                  § Section                                               reviewed and analyzed to assist the                      Executive Orders 12866 and 13563
                                                  U.S.C. United States Code                               Coast Guard in future rulemakings                     direct agencies to assess the costs and
                                                                                                          establishing similar safety zones. The                benefits of available regulatory
                                                  II. Public Participation and Comments                                                                         alternatives and, if regulation is
                                                                                                          Coast Guard will notify the public and
                                                     We view public participation as                      maritime community that the safety                    necessary, to select regulatory
                                                  essential to effective rulemaking, and                  zone will be in effect and of its                     approaches that maximize net benefits.
                                                  will consider all comments and material                 enforcement periods via broadcast                     Executive Order 13563 emphasizes the
                                                  received during the comment period. If                  notices to mariners (BNM).                            importance of quantifying both costs
                                                  you submit a comment, please include                       We are issuing this rule, and under 5              and benefits, of reducing costs, of
                                                  the docket number for this rulemaking,                  U.S.C. 553(d)(3), the Coast Guard finds               harmonizing rules, and of promoting
                                                  indicate the specific section of this                   that good cause exists for making it                  flexibility. This rule has not been
                                                  document to which each comment                          effective less than 30 days after                     designated a ‘‘significant regulatory
                                                  applies, and provide a reason for each                  publication in the Federal Register.                  action,’’ under Executive Order 12866.
                                                  suggestion or recommendation.                           Providing a full 30-days notice would be              Accordingly, it has not been reviewed
                                                     We encourage you to submit                           impracticable because immediate action                by the Office of Management and
                                                  comments through the Federal                            is needed to protect persons and                      Budget. This safety zone will only
                                                  eRulemaking Portal at http://                           property from the hazards associated                  restrict navigation on the Lower
                                                  www.regulations.gov. If your material                   with an aerial fireworks display taking               Mississippi River from MM 95.7 to MM
                                                  cannot be submitted using http://                       place on and over the waterway.                       96.7 AHP, for approximately one hour
                                                  www.regulations.gov, contact the person                                                                       on April 12, 2016. Due to the limited
                                                  in the FOR FURTHER INFORMATION                          IV. Legal Authority and Need for Rule                 scope and short duration of the safety
                                                  CONTACT section of this document for                      The Coast Guard is issuing this rule                zone, the impacts on routine navigation
                                                  alternate instructions. Documents                       under authority in 33 U.S.C. 1231. On                 are expected to be minimal.
                                                  mentioned in this rule, and all public                  April 12, 2016, a fireworks display will              B. Impact on Small Entities
                                                  comments, are in our online docket at                   be launched from a barge positioned in
                                                  http://www.regulations.gov and can be                   the waterway adjacent to Mardi Gras                      The Regulatory Flexibility Act of
                                                  viewed by following that Web site’s                     World, an event venue located at MM                   1980, 5 U.S.C. 601–612, as amended,
                                                  instructions.                                           96.2 AHP on the Lower Mississippi                     requires Federal agencies to consider
                                                     We accept anonymous comments. All                    River, in a high commercial traffic area              the potential impact of regulations on
                                                  comments received will be posted                        near a tight river bend. Therefore, the               small entities during rulemaking. The
                                                  without change to http://                               Coast Guard has determined that a                     term ‘‘small entities’’ comprises small
                                                  www.regulations.gov and will include                    safety zone is needed to ensure safe                  businesses, not-for-profit organizations
                                                  any personal information you have                       navigation for all those in the vicinity of           that are independently owned and
                                                  provided. For more about privacy and                    these fireworks displays.                             operated and are not dominant in their
                                                  the docket, you may review a Privacy                                                                          fields, and governmental jurisdictions
                                                  Act notice regarding the Federal Docket                 V. Discussion of the Rule                             with populations of less than 50,000.
                                                  Management System in the March 24,                        The Coast Guard is establishing a                   The Coast Guard certifies under 5 U.S.C.
                                                  2005, issue of the Federal Register (70                 temporary safety zone on the Lower                    605(b) that this rule will not have a
                                                  FR 15086).                                              Mississippi River, for one hour during                significant economic impact on a
                                                                                                          the evening of April 12, 2016, to occur               substantial number of small entities.
                                                  III. Background Information and                                                                                  This rule may affect the following
                                                  Regulatory History                                      between 6 and 11 p.m. The safety zone
                                                                                                          will include the entire width of the                  entities, some of which might be small
                                                     The Coast Guard is issuing this                      Lower Mississippi River in New                        entities: The owners or operators of
                                                  temporary rule without prior notice and                 Orleans, LA from MM 95.7 to MM 96.7                   vessels intending to transit the safety
                                                  opportunity to comment pursuant to                      AHP. Entry into this zone is prohibited               zone area during the periods of
                                                  authority under section 4(a) of the                     unless permission has been granted by                 enforcement. The safety zone will not
                                                  Administrative Procedure Act (APA) (5                   the COTP New Orleans, or a designated                 have a significant economic impact on
                                                  U.S.C. 553(b)). This provision                          representative.                                       a substantial number of small entities
                                                  authorizes an agency to issue a rule                      The COTP New Orleans will inform                    because they are limited in scope and
                                                  without prior notice and opportunity to                 the public through BNMs of the one-                   will be in effect for a short period of
                                                  comment when the agency for good                        hour enforcement period for the safety                time. Before the enforcement periods,
                                                  cause finds that those procedures are                   zone as well as any changes in the                    the Coast Guard COTP will issue
                                                  ‘‘impracticable, unnecessary, or contrary               planned schedule. Mariners and other                  maritime advisories widely available to
                                                  to the public interest.’’ Under 5 U.S.C.                members of the public may also contact                waterway users. Deviation from the
                                                  553(b)(B), the Coast Guard finds that                   Coast Guard Sector New Orleans                        safety zone established through this
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                                                  good cause exists for not publishing a                  Command Center to inquire about the                   rulemaking may be requested from the
                                                  notice of proposed rulemaking (NPRM)                    status of the safety zone, at (504) 365–              appropriate COTP and requests will be
                                                  with respect to this rule because the                   2200.                                                 considered on a case-by-case basis.
                                                  Coast Guard received information about                                                                           Under section 213(a) of the Small
                                                  this fireworks display on or about                      VI. Regulatory Analyses                               Business Regulatory Enforcement
                                                  January 27, 2016. Due to the risks                        We developed this rule after                        Fairness Act of 1996 (Public Law 104–
                                                  associated with an aerial barge-based                   considering numerous statutes and                     121), we want to assist small entities in
                                                  fireworks display taking place on and                   Executive order related to rulemaking.                understanding this rule. If the rule


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                                                  19886             Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations

                                                  would affect your small business,                       their discretionary regulatory actions. In            Department of Homeland Security Delegation
                                                  organization, or governmental                           particular, the Act addresses actions                 No. 0170.1.
                                                  jurisdiction and you have questions                     that may result in the expenditure by a
                                                  concerning its provisions or options for                State, local, or tribal government, in the            ■ 2. Add § 165.T08–0189 to read as
                                                  compliance, please contact the person                   aggregate, or by the private sector of                follows:
                                                  listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or              § 165.T08–0189 Safety Zones; Lower
                                                  CONTACT section.                                        more in any one year. Though this rule                Mississippi River Miles 95.7 to 96.7; New
                                                     Small businesses may send comments                   will not result in such an expenditure,               Orleans, LA.
                                                  on the actions of Federal employees                     we do discuss the effects of this rule
                                                  who enforce, or otherwise determine                     elsewhere in this preamble.                             (a) Location. The following area is a
                                                  compliance with, Federal regulations to                                                                       safety zone: All waters of the Lower
                                                                                                          F. Environment
                                                  the Small Business and Agriculture                                                                            Mississippi River from mile marker 95.7
                                                  Regulatory Enforcement Ombudsman                           We have analyzed this rule under                   to mile marker 96.7 Above Head of
                                                  and the Regional Small Business                         Department of Homeland Security                       Passes, New Orleans, LA.
                                                  Regulatory Fairness Boards. The                         Management Directive 023–01 and
                                                                                                                                                                  (b) Enforcement period. This rule is
                                                  Ombudsman evaluates these actions                       Commandant Instruction M16475.lD,
                                                                                                          which guide the Coast Guard in                        enforceable on April 12, 2016, for one
                                                  annually and rates each agency’s
                                                  responsiveness to small business. If you                complying with the National                           hour in the evening to occur between
                                                  wish to comment on actions by                           Environmental Policy Act of 1969(42                   6:00 p.m. and 11:00 p.m. The one-hour
                                                  employees of the Coast Guard, call 1–                   U.S.C. 4321–4370f), and have                          enforcement period will be noticed as
                                                  888–REG–FAIR (1–888–734–3247). The                      determined that this action is one of a               indicated under paragraph (d) of this
                                                  Coast Guard will not retaliate against                  category of actions that do not                       section.
                                                  small entities that question or complain                individually or cumulatively have a                     (c) Regulations. (1) In accordance with
                                                  about this rule or any policy or action                 significant effect on the human                       the general regulations in § 165.23 of
                                                  of the Coast Guard.                                     environment. This rule involves                       this part, entry into this zone is
                                                                                                          establishment of a temporary safety                   prohibited unless specifically
                                                  C. Collection of Information                            zone for all waters of the Lower                      authorized by the Captain of the Port
                                                    This rule will not call for a new                     Mississippi River from MM 95.7 to MM                  (COTP) New Orleans or designated
                                                  collection of information under the                     96.7 AHP. It is categorically excluded                personnel. Designated personnel
                                                  Paperwork Reduction Act of 1995 (44                     from further review under paragraph
                                                                                                                                                                include commissioned, warrant and
                                                  U.S.C. 3501–3520).                                      34(g) of Figure 2–1 of the Commandant
                                                                                                                                                                petty officers of the U.S. Coast Guard
                                                  D. Federalism and Indian Tribal                         Instruction. An environmental analysis
                                                                                                                                                                assigned to units under the operational
                                                  Governments                                             checklist supporting this determination
                                                                                                          and a Categorical Exclusion                           control of USCG Sector New Orleans.
                                                     A rule has implications for federalism               Determination are available in the                    For this rule the COTP’s designated
                                                  under Executive Order 13132,                            docket where indicated under                          representative is Vessel Traffic Service
                                                  Federalism, if it has a substantial direct              ADDRESSES. We seek any comments or                    Lower Mississippi River.
                                                  effect on the States, on the relationship               information that may lead to the                        (2) Vessels requiring deviation from
                                                  between the national government and                     discovery of a significant environmental              this rule must request permission from
                                                  the States, or on the distribution of                   impact from this rule.                                the COTP New Orleans or a COTP New
                                                  power and responsibilities among the                                                                          Orleans designated representative. They
                                                  various levels of government. We have                   G. Protest Activities
                                                                                                                                                                may be contacted on VHF–FM Channel
                                                  analyzed this rule under that Order and                   The Coast Guard respects the First                  16 or 67, or through Vessel Traffic
                                                  have determined that it is consistent                   Amendment rights of protesters.
                                                                                                                                                                Service Lower Mississippi River at 504–
                                                  with the fundamental federalism                         Protesters are asked to contact the
                                                                                                                                                                365–2415.
                                                  principles and preemption requirements                  person listed in the FOR FURTHER
                                                  described in Executive Order 13132.                     INFORMATION CONTACT section to                           (3) Persons and vessels permitted to
                                                     Also, this rule does not have tribal                 coordinate protest activities so that your            deviate from this safety zone regulation
                                                  implications under Executive Order                      message can be received without                       and enter the restricted area must transit
                                                  13175, Consultation and Coordination                    jeopardizing the safety or security of                at the slowest safe speed and comply
                                                  with Indian Tribal Governments,                         people, places or vessels.                            with all lawful directions issued by the
                                                  because it does not have a substantial                                                                        COTP New Orleans or the designated
                                                  direct effect on one or more Indian                     List of Subjects in 33 CFR Part 165
                                                                                                                                                                representative.
                                                  tribes, on the relationship between the                   Marine safety, Navigation (water),
                                                  Federal Government and Indian tribes,                   Reporting and recordkeeping                             (d) Information broadcasts. The COTP
                                                  or on the distribution of power and                     requirements, Security measures,                      New Orleans or a COTP New Orleans
                                                  responsibilities between the Federal                    Waterways.                                            designated representative will inform
                                                  Government and Indian tribes. If you                      For the reasons discussed in the                    the public through broadcast notices to
                                                  believe this rule has implications for                  preamble, the Coast Guard amends 33                   mariners of the enforcement period for
                                                  federalism or Indian tribes, please                     CFR part 165 as follows:                              the safety zone as well as any changes
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                                                  contact the person listed in the FOR                                                                          in the planned schedule.
                                                  FURTHER INFORMATION CONTACT section                     PART 165—REGULATED NAVIGATION                            Dated: March 30, 2016.
                                                  above.                                                  AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                                W.R. Arguin Jr.,
                                                  E. Unfunded Mandates Reform Act                         ■ 1. The authority citation for part 165              Captain, U.S. Coast Guard, Acting Captain
                                                    The Unfunded Mandates Reform Act                      continues to read as follows:                         of the Port New Orleans.
                                                  of 1995 (2 U.S.C. 1531–1538) requires                                                                         [FR Doc. 2016–07729 Filed 4–5–16; 8:45 am]
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  Federal agencies to assess the effects of               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             BILLING CODE 9110–04–P




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Document Created: 2018-02-07 13:51:41
Document Modified: 2018-02-07 13:51:41
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; request for comments.
DatesThis rule is effective from 6:00 p.m. through 11:00 p.m. on April 12, 2016. Comments and related material must be received by the Coast Guard on or before May 6, 2016.
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]
FR Citation81 FR 19884 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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