82_FR_31098 82 FR 30971 - Safety Zones Within the Captain of the Port New Orleans Zone, New Orleans to Baton Rouge, LA

82 FR 30971 - Safety Zones Within the Captain of the Port New Orleans Zone, New Orleans to Baton Rouge, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 127 (July 5, 2017)

Page Range30971-30973
FR Document2017-14009

The Coast Guard is establishing temporary safety zones for multiple locations and dates within the Captain of the Port New Orleans (COTP Zone). These safety zones are necessary to provide for the safety of life and protection of vessels from potential hazards associated with fireworks displays on navigable waterways. Entry into these zones is prohibited unless specifically authorized by the Captain of the Port New Orleans (COTP) or a designated representative.

Federal Register, Volume 82 Issue 127 (Wednesday, July 5, 2017)
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30971-30973]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14009]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0388]
RIN 1625-AA00


Safety Zones Within the Captain of the Port New Orleans Zone, New 
Orleans to Baton Rouge, LA

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 
(COTP Zone). These safety zones are necessary to provide for the safety 
of life and protection of vessels from potential hazards associated 
with fireworks displays on navigable waterways. Entry into these zones 
is prohibited unless specifically authorized by the Captain of the Port 
New Orleans (COTP) or a designated representative.

DATES: This rule is effective without actual notice from July 5, 2017 
through July 14, 2017. For the purposes of enforcement, actual notice 
will be used from 8:00 p.m. through 10:00 p.m. each day from July 1, 
2017 through July 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0388 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New 
Orleans, U.S. Coast Guard; telephone 504-365-2281, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is establishing four temporary safety zones within 
the COTP New Orleans Zone (COTP Zone) for the following planned 
fireworks displays.
    1. Mandeville City 4th of July Celebration Fireworks are scheduled 
from 8:45 p.m. through 9:45 p.m. on July 1, 2017. The fireworks barge 
will be positioned on Lake Pontchartrain, in vicinity of 
30[deg]21'12.0'' N. and 090[deg]04'28.9'' W.
    2. L'Auberge Casino 4th of July Celebration Fireworks are scheduled 
from 8:45 p.m. through 9:45 p.m. on July 2, 2017. The fireworks barge 
will be positioned in the Lower Mississippi River at Mile Marker 217.0 
above Head of Passes.
    3. St. John the Baptist Parish 4th of July Celebration Fireworks 
are scheduled from 8:00 p.m. through 9:00 p.m. on July 3, 2017. The 
fireworks barge will be positioned in the Lower Mississippi River at 
Mile Marker 138.0 above Head of Passes.
    4. BBC Beach Body special event fireworks are scheduled from 10:30 
p.m.

[[Page 30972]]

through 11:15 p.m. on July 14, 2017. The fireworks barge will be 
positioned in the Lower Mississippi River at Mile Marker 96.2 above 
Head of Passes.
    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 publishing an NPRM would be 
impracticable and against public interest. We must establish this 
safety zone by July 1, 2017 and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule. The NPRM process would delay the establishment of 
these safety zones until after the scheduled dates of the fireworks 
displays and jeopardize public safety.
    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. Delaying the effective 
date of this rule would be contrary to public interest because the rule 
would not be effective until after the scheduled displays occur.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port New Orleans (COPT) has determined that 
these safety zones are necessary to provide for the safety of life and 
to protect property due to the potential hazards associated with barge-
based fireworks displays taking place on these navigable waterways. The 
Coast Guard will notify the public and maritime community of the 
proposed safety zones and their respective enforcement periods via 
Broadcast Notice to Mariners (BNM).

IV. Discussion of the Rule

    This rule establishes four temporary safety zones within the COTP 
Zone on several dates and in different locations. Each safety zone will 
be enforced on the respective dates listed above and in the regulatory 
text provided at the end of this document. Each safety zone is limited 
to a duration of one hour, and will occur during the evening on the 
dates of July 1, July 2, July 3, and July 14, 2017. Entry into these 
safety zones is prohibited unless permission has been granted by the 
COTP or a designated representative.
    The COTP will inform the public through Broadcast Notice to 
Mariners (BNM) of the enforcement period for each safety zone as well 
as any changes in the planned schedule. Inquiries may be made with the 
Coast Guard Sector New Orleans Command Center regarding the status of 
the safety zone by telephone at 504-365-2200.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 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 regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Three of the 
safety zones will be no greater than 1 mile in length and will restrict 
navigation on the Lower Mississippi River for no longer than one hour 
each. The remaining safety zones will be established on Lake 
Pontchartrain, extending a 600 foot radius from position 
30[deg]21'12.0'' N. and 090[deg]04'28.9'' W. and will restrict 
navigation for no longer than one hour. Due to the limited scope and 
short duration of each safety zone, the impact on routine navigation is 
expected to be minimal. Additionally, notice of the safety zones or any 
changes in the planned schedule will be made via Broadcast Notice to 
Mariners. Entry into the safety zones may be requested from the COTP or 
a designated representative and will be considered on a case-by-case 
basis.

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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism

[[Page 30973]]

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 four temporary safety zones within the COTP Zone on four 
separate days. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.1D. A 
Record of Environmental Consideration (REC) supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    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.T08-0388 to read as follows:


Sec.  165.T08-0388   Safety Zones; Safety Zones within Captain of the 
Port New Orleans Zone, New Orleans to Baton Rouge, LA.

    (a) Safety Zones. The following areas are safety zones:
    (1) Mandeville City 4th of July Celebration, Mandeville, LA.
    (i) Location. All navigable waters of Lake Pontchartrain extending 
in a 600 foot radius from position 30[deg]21'12.0'' N. and 
090[deg]04'28.9'' W., Mandeville, LA.
    (ii) Effective period. This section will be effective from 8:45 
p.m. through 9:45 p.m. on July 1, 2017.
    (2) L'Auberge Casino Independence Day fireworks display, Baton 
Rouge, LA.
    (i) Location. All navigable waters of the Lower Mississippi River 
from mile marker 216.5 to mile marker 217.5 above Head of Passes, Baton 
Rouge, LA.
    (ii) Effective period. This section will be effective from 8:45 
p.m. through 9:45 p.m. on July 2, 2017.
    (3) St. John the Baptist Parish Independence Day fireworks display, 
LaPlace, LA.
    (i) Location. All navigable waters of the Lower Mississippi River 
from mile marker 137.5 to mile marker 138.5 above Head of Passes, 
LaPlace, LA.
    (ii) Effective period. This section will be effective from 8:00 
p.m. through 9:00 p.m. on July 3, 2017.
    (4) Team Beachbody Coach Summit fireworks display, New Orleans, LA.
    (i) Location. All waters of the Lower Mississippi River from mile 
marker 95.7 to mile marker 96.7 above Head of Passes, New Orleans, LA.
    (ii) Effective period. This section will be effective from 10:30 
p.m. through 11:15 p.m. on July 14, 2017.
    (b) Definitions. As used in this section, a designated 
representative means a commissioned officer, warrant officer, or petty 
officer of the U.S. Coast Guard assigned under the operational control 
of USCG Sector New Orleans.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into these safety zones is prohibited 
unless specifically authorized by the Captain of the Port New Orleans 
(COTP) or a designated representative. For each event, the COTP 
designated representative will be announced via Marine Safety 
Information Bulletin and Notice to Mariners.
    (2) Vessels seeking entry into these safety zones must request 
permission from the COTP or a designated representative. They may be 
contacted via the U.S. Coast Guard Sector New Orleans Command Center, 
via VHF-FM Channel 16 or by telephone at 504-365-2200.
    (3) Persons and vessels permitted to enter these safety zones must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notice to Mariners of any 
changes to the enforcement periods for the safety zones.

    Dated: June 28, 2017.
W.R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2017-14009 Filed 7-3-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations                                         30971

                                              their discretionary regulatory actions. In               § 165.T08–0578 Safety Zones; Tchefuncte               protection of vessels from potential
                                              particular, the Act addresses actions                    River; Madisonville, LA.                              hazards associated with fireworks
                                              that may result in the expenditure by a                    (a) Location. The following area is a               displays on navigable waterways. Entry
                                              State, local, or tribal government, in the               safety zone: All navigable waters of the              into these zones is prohibited unless
                                              aggregate, or by the private sector of                   Tchefuncte River, Madisonville, LA                    specifically authorized by the Captain of
                                              $100,000,000 (adjusted for inflation) or                 within a one-half mile radius of a barge              the Port New Orleans (COTP) or a
                                              more in any one year. Though this rule                   anchored at approximately 30°24′11.63″                designated representative.
                                              will not result in such an expenditure,                  N. 090°09′17.39″ W.                                   DATES: This rule is effective without
                                              we do discuss the effects of this rule                      (b) Effective period. This rule is                 actual notice from July 5, 2017 through
                                              elsewhere in this preamble.                              effective on July 4, 2017, from 8 p.m.                July 14, 2017. For the purposes of
                                                                                                       through 9 p.m.                                        enforcement, actual notice will be used
                                              F. Environment
                                                                                                          (c) Regulations. (1) In accordance with            from 8:00 p.m. through 10:00 p.m. each
                                                 We have analyzed this rule under                      the general regulations in § 165.23 of                day from July 1, 2017 through July 5,
                                              Department of Homeland Security                          this part, entry into this zone is                    2017.
                                              Management Directive 023–01 and                          prohibited unless specifically
                                              Commandant Instruction M16475.lD,                                                                              ADDRESSES: To view documents
                                                                                                       authorized by the Captain of the Port
                                              which guide the Coast Guard in                                                                                 mentioned in this preamble as being
                                                                                                       New Orleans (COTP) or designated
                                              complying with the National                                                                                    available in the docket, go to http://
                                                                                                       representative. A designated
                                              Environmental Policy Act of 1969 (42                                                                           www.regulations.gov, type USCG–2017–
                                                                                                       representative is a commissioned,
                                              U.S.C. 4321–4370f), and have                                                                                   0388 in the ‘‘SEARCH’’ box and click
                                                                                                       warrant, or petty officer of the U.S.
                                              determined that this action is one of a                                                                        ‘‘SEARCH.’’ Click on Open Docket
                                                                                                       Coast Guard assigned to units under the
                                              category of actions that do not                                                                                Folder on the line associated with this
                                                                                                       operational control of U.S. Coast Guard
                                              individually or cumulatively have a                                                                            rule.
                                                                                                       Sector New Orleans.
                                              significant effect on the human                             (2) Vessels requiring entry into this              FOR FURTHER INFORMATION CONTACT: If
                                              environment. This rule involves                          safety zone must request permission                   you have questions on this rule, call or
                                              establishing a temporary safety zone                     from the COTP or a designated                         email Lieutenant Commander (LCDR)
                                              lasting one hour that will prohibit entry                representative. They may be contacted                 Howard Vacco, Sector New Orleans,
                                              within a one-half mile radius of a                       on VHF–FM Channel 16 or 67.                           U.S. Coast Guard; telephone 504–365–
                                              fireworks barge on the Tchefuncte River                     (3) Persons and vessels permitted to               2281, email Howard.K.Vacco@uscg.mil.
                                              at approximately 30°24′11.63″ N.                         enter this safety zone must transit at                SUPPLEMENTARY INFORMATION:
                                              090°09′17.39″ W. It is categorically                     their slowest safe speed and comply                   I. Table of Abbreviations
                                              excluded from further review under                       with all lawful directions issued by the
                                              paragraph 34(g) of Figure 2–1 of the                     COTP or the designated representative.                BNM Broadcast Notice to Mariners
                                              Commandant Instruction. A Record of                         (d) Information broadcasts. The COTP               CFR Code of Federal Regulations
                                                                                                                                                             COTP Captain of the Port New Orleans
                                              Environmental Considerations (REC) is                    or a designated representative will                   DHS Department of Homeland Security
                                              available in the docket where indicated                  inform the public through Broadcast                   FR Federal Register
                                              under ADDRESSES.                                         Notices to Mariners of any changes in                 NPRM Notice of proposed rulemaking
                                              G. Protest Activities                                    the planned schedule.                                 § Section
                                                                                                                                                             U.S.C. United States Code
                                                                                                         Dated: June 28, 2017.
                                                The Coast Guard respects the First
                                              Amendment rights of protesters.                          W.R. Arguin,                                          II. Background Information and
                                              Protesters are asked to contact the                      Captain, U.S. Coast Guard, Captain of the             Regulatory History
                                              person listed in the FOR FURTHER                         Port New Orleans                                         The Coast Guard is establishing four
                                              INFORMATION CONTACT section to                           [FR Doc. 2017–14028 Filed 7–3–17; 8:45 am]            temporary safety zones within the COTP
                                              coordinate protest activities so that your               BILLING CODE 9110–04–P                                New Orleans Zone (COTP Zone) for the
                                              message can be received without                                                                                following planned fireworks displays.
                                              jeopardizing the safety or security of                                                                            1. Mandeville City 4th of July
                                              people, places or vessels.                               DEPARTMENT OF HOMELAND                                Celebration Fireworks are scheduled
                                                                                                       SECURITY                                              from 8:45 p.m. through 9:45 p.m. on
                                              List of Subjects in 33 CFR Part 165                                                                            July 1, 2017. The fireworks barge will be
                                                Marine safety, Navigation (water),                     Coast Guard                                           positioned on Lake Pontchartrain, in
                                              Reporting and recordkeeping                                                                                    vicinity of 30°21′12.0″ N. and
                                              requirements, Security measures,                         33 CFR Part 165                                       090°04′28.9″ W.
                                              Waterways.                                               [Docket Number USCG–2017–0388]                           2. L’Auberge Casino 4th of July
                                                For the reasons discussed in the                                                                             Celebration Fireworks are scheduled
                                                                                                       RIN 1625–AA00
                                              preamble, the Coast Guard amends 33                                                                            from 8:45 p.m. through 9:45 p.m. on
                                              CFR part 165 as follows:                                 Safety Zones Within the Captain of the                July 2, 2017. The fireworks barge will be
                                                                                                       Port New Orleans Zone, New Orleans                    positioned in the Lower Mississippi
                                              PART 165—REGULATED NAVIGATION                                                                                  River at Mile Marker 217.0 above Head
                                                                                                       to Baton Rouge, LA
                                              AREAS AND LIMITED ACCESS AREAS                                                                                 of Passes.
                                                                                                       AGENCY:    Coast Guard, DHS.                             3. St. John the Baptist Parish 4th of
                                              ■ 1. The authority citation for part 165                                                                       July Celebration Fireworks are
                                                                                                       ACTION:   Temporary final rule.
sradovich on DSK3GMQ082PROD with RULES




                                              continues to read as follows:                                                                                  scheduled from 8:00 p.m. through 9:00
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              SUMMARY:   The Coast Guard is                         p.m. on July 3, 2017. The fireworks
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                establishing temporary safety zones for               barge will be positioned in the Lower
                                              Department of Homeland Security Delegation               multiple locations and dates within the               Mississippi River at Mile Marker 138.0
                                              No. 0170.1.                                              Captain of the Port New Orleans (COTP                 above Head of Passes.
                                              ■ 2. Add § 165.T08–0578 to read as                       Zone). These safety zones are necessary                  4. BBC Beach Body special event
                                              follows:                                                 to provide for the safety of life and                 fireworks are scheduled from 10:30 p.m.


                                         VerDate Sep<11>2014   16:11 Jul 03, 2017   Jkt 241001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\05JYR1.SGM   05JYR1


                                              30972             Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations

                                              through 11:15 p.m. on July 14, 2017.                     14, 2017. Entry into these safety zones               the potential impact of regulations on
                                              The fireworks barge will be positioned                   is prohibited unless permission has                   small entities during rulemaking. The
                                              in the Lower Mississippi River at Mile                   been granted by the COTP or a                         term ‘‘small entities’’ comprises small
                                              Marker 96.2 above Head of Passes.                        designated representative.                            businesses, not-for-profit organizations
                                                 The Coast Guard is issuing this                          The COTP will inform the public                    that are independently owned and
                                              temporary rule without prior notice and                  through Broadcast Notice to Mariners                  operated and are not dominant in their
                                              opportunity to comment pursuant to                       (BNM) of the enforcement period for                   fields, and governmental jurisdictions
                                              authority under section 4(a) of the                      each safety zone as well as any changes               with populations of less than 50,000.
                                              Administrative Procedure Act (APA) (5                    in the planned schedule. Inquiries may                The Coast Guard certifies under 5 U.S.C.
                                              U.S.C. 553(b)). This provision                           be made with the Coast Guard Sector                   605(b) that this rule will not have a
                                              authorizes an agency to issue a rule                     New Orleans Command Center                            significant economic impact on a
                                              without prior notice and opportunity to                  regarding the status of the safety zone by            substantial number of small entities.
                                              comment when the agency for good                         telephone at 504–365–2200.                               While some owners or operators of
                                              cause finds that those procedures are                                                                          vessels intending to transit the safety
                                              ‘‘impracticable, unnecessary, or contrary                V. Regulatory Analyses                                zone may be small entities, for the
                                              to the public interest.’’ Under 5 U.S.C.                   We developed this rule after                        reasons stated in section V.A. above,
                                              553(b)(B), the Coast Guard finds that                    considering numerous statutes and                     this rule will not have a significant
                                              good cause exists for not publishing a                   Executive orders related to rulemaking.               economic impact on any vessel owner
                                              notice of proposed rulemaking (NPRM)                     Below we summarize our analyses                       or operator.
                                              with respect to this rule because                        based on a number of these statutes and                  Under section 213(a) of the Small
                                              publishing an NPRM would be                              Executive orders, and we discuss First                Business Regulatory Enforcement
                                              impracticable and against public                         Amendment rights of protestors.                       Fairness Act of 1996 (Pub. L. 104–121),
                                              interest. We must establish this safety                                                                        we want to assist small entities in
                                                                                                       A. Regulatory Planning and Review
                                              zone by July 1, 2017 and lack sufficient                                                                       understanding this rule. If the rule
                                              time to provide a reasonable comment                        Executive Orders 12866 and 13563                   would affect your small business,
                                              period and then consider those                           direct agencies to assess the costs and               organization, or governmental
                                              comments before issuing the rule. The                    benefits of available regulatory                      jurisdiction and you have questions
                                              NPRM process would delay the                             alternatives and, if regulation is                    concerning its provisions or options for
                                              establishment of these safety zones until                necessary, to select regulatory                       compliance, please contact the person
                                              after the scheduled dates of the                         approaches that maximize net benefits.                listed in the FOR FURTHER INFORMATION
                                              fireworks displays and jeopardize                        Executive Order 13563 emphasizes the                  CONTACT section.
                                              public safety.                                           importance of quantifying both costs                     Small businesses may send comments
                                                 We are issuing this rule, and under 5                 and benefits, of reducing costs, of                   on the actions of Federal employees
                                              U.S.C. 553(d)(3), the Coast Guard finds                  harmonizing rules, and of promoting                   who enforce, or otherwise determine
                                              that good cause exists for making it                     flexibility. This rule has not been                   compliance with, Federal regulations to
                                              effective less than 30 days after                        designated a ‘‘significant regulatory                 the Small Business and Agriculture
                                              publication in the Federal Register.                     action,’’ under Executive Order 12866.                Regulatory Enforcement Ombudsman
                                              Delaying the effective date of this rule                 Accordingly, it has not been reviewed                 and the Regional Small Business
                                              would be contrary to public interest                     by the Office of Management and                       Regulatory Fairness Boards. The
                                              because the rule would not be effective                  Budget.                                               Ombudsman evaluates these actions
                                              until after the scheduled displays occur.                   This regulatory action determination               annually and rates each agency’s
                                                                                                       is based on the size, location, duration,             responsiveness to small business. If you
                                              III. Legal Authority and Need for Rule                   and time-of-year of the safety zone.                  wish to comment on actions by
                                                 The Coast Guard is issuing this rule                  Three of the safety zones will be no                  employees of the Coast Guard, call 1–
                                              under authority in 33 U.S.C. 1231. The                   greater than 1 mile in length and will                888–REG–FAIR (1–888–734–3247). The
                                              Captain of the Port New Orleans (COPT)                   restrict navigation on the Lower                      Coast Guard will not retaliate against
                                              has determined that these safety zones                   Mississippi River for no longer than one              small entities that question or complain
                                              are necessary to provide for the safety of               hour each. The remaining safety zones                 about this rule or any policy or action
                                              life and to protect property due to the                  will be established on Lake                           of the Coast Guard.
                                              potential hazards associated with barge-                 Pontchartrain, extending a 600 foot
                                              based fireworks displays taking place on                 radius from position 30°21′12.0″ N. and               C. Collection of Information
                                              these navigable waterways. The Coast                     090°04′28.9″ W. and will restrict                       This rule will not call for a new
                                              Guard will notify the public and                         navigation for no longer than one hour.               collection of information under the
                                              maritime community of the proposed                       Due to the limited scope and short                    Paperwork Reduction Act of 1995 (44
                                              safety zones and their respective                        duration of each safety zone, the impact              U.S.C. 3501–3520).
                                              enforcement periods via Broadcast                        on routine navigation is expected to be
                                                                                                                                                             D. Federalism and Indian Tribal
                                              Notice to Mariners (BNM).                                minimal. Additionally, notice of the
                                                                                                                                                             Governments
                                                                                                       safety zones or any changes in the
                                              IV. Discussion of the Rule                                                                                        A rule has implications for federalism
                                                                                                       planned schedule will be made via
                                                This rule establishes four temporary                   Broadcast Notice to Mariners. Entry into              under Executive Order 13132,
                                              safety zones within the COTP Zone on                     the safety zones may be requested from                Federalism, if it has a substantial direct
                                              several dates and in different locations.                the COTP or a designated representative               effect on the States, on the relationship
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                                              Each safety zone will be enforced on the                 and will be considered on a case-by-case              between the national government and
                                              respective dates listed above and in the                 basis.                                                the States, or on the distribution of
                                              regulatory text provided at the end of                                                                         power and responsibilities among the
                                              this document. Each safety zone is                       B. Impact on Small Entities                           various levels of government. We have
                                              limited to a duration of one hour, and                     The Regulatory Flexibility Act of                   analyzed this rule under that Order and
                                              will occur during the evening on the                     1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                              dates of July 1, July 2, July 3, and July                requires Federal agencies to consider                 with the fundamental federalism


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                                                                Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations                                                30973

                                              principles and preemption requirements                   List of Subjects in 33 CFR Part 165                      (c) Regulations. (1) In accordance with
                                              described in Executive Order 13132.                        Marine safety, Navigation (water),                  the general regulations in § 165.23 of
                                                 Also, this rule does not have tribal                  Reporting and recordkeeping                           this part, entry into these safety zones
                                              implications under Executive Order                       requirements, Security measures,                      is prohibited unless specifically
                                              13175, Consultation and Coordination                     Waterways.                                            authorized by the Captain of the Port
                                              with Indian Tribal Governments,                            For the reasons discussed in the                    New Orleans (COTP) or a designated
                                              because it does not have a substantial                   preamble, the Coast Guard amends 33                   representative. For each event, the
                                              direct effect on one or more Indian                      CFR part 165 as follows:                              COTP designated representative will be
                                              tribes, on the relationship between the                                                                        announced via Marine Safety
                                              Federal Government and Indian tribes,                    PART 165—REGULATED NAVIGATION                         Information Bulletin and Notice to
                                              or on the distribution of power and                      AREAS AND LIMITED ACCESS AREAS                        Mariners.
                                              responsibilities between the Federal                                                                              (2) Vessels seeking entry into these
                                              Government and Indian tribes. If you                     ■ 1. The authority citation for part 165              safety zones must request permission
                                              believe this rule has implications for                   continues to read as follows:                         from the COTP or a designated
                                              federalism or Indian tribes, please                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           representative. They may be contacted
                                              contact the person listed in the FOR                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             via the U.S. Coast Guard Sector New
                                              FURTHER INFORMATION CONTACT section                      Department of Homeland Security Delegation            Orleans Command Center, via VHF–FM
                                              above.                                                   No. 0170.1.                                           Channel 16 or by telephone at 504–365–
                                                                                                       ■ 2. Add § 165.T08–0388 to read as                    2200.
                                              E. Unfunded Mandates Reform Act                                                                                   (3) Persons and vessels permitted to
                                                                                                       follows:
                                                The Unfunded Mandates Reform Act                                                                             enter these safety zones must transit at
                                                                                                       § 165.T08–0388 Safety Zones; Safety                   the slowest safe speed and comply with
                                              of 1995 (2 U.S.C. 1531–1538) requires                    Zones within Captain of the Port New
                                              Federal agencies to assess the effects of                                                                      all lawful directions issued by the COTP
                                                                                                       Orleans Zone, New Orleans to Baton Rouge,
                                              their discretionary regulatory actions. In               LA.
                                                                                                                                                             or designated representative.
                                              particular, the Act addresses actions                                                                             (d) Information broadcasts. The COTP
                                                                                                          (a) Safety Zones. The following areas              or a designated representative will
                                              that may result in the expenditure by a                  are safety zones:
                                              State, local, or tribal government, in the                                                                     inform the public through Broadcast
                                                                                                          (1) Mandeville City 4th of July
                                              aggregate, or by the private sector of                                                                         Notice to Mariners of any changes to the
                                                                                                       Celebration, Mandeville, LA.
                                              $100,000,000 (adjusted for inflation) or                    (i) Location. All navigable waters of              enforcement periods for the safety
                                              more in any one year. Though this rule                   Lake Pontchartrain extending in a 600                 zones.
                                              will not result in such an expenditure,                  foot radius from position 30°21′12.0″ N.                Dated: June 28, 2017.
                                              we do discuss the effects of this rule                   and 090°04′28.9″ W., Mandeville, LA.                  W.R. Arguin,
                                              elsewhere in this preamble.                                 (ii) Effective period. This section will           Captain, U.S. Coast Guard, Captain of the
                                                                                                       be effective from 8:45 p.m. through 9:45              Port New Orleans.
                                              F. Environment
                                                                                                       p.m. on July 1, 2017.                                 [FR Doc. 2017–14009 Filed 7–3–17; 8:45 am]
                                                We have analyzed this rule under                          (2) L’Auberge Casino Independence                  BILLING CODE 9110–04–P
                                              Department of Homeland Security                          Day fireworks display, Baton Rouge, LA.
                                              Management Directive 023–01 and                             (i) Location. All navigable waters of
                                              Commandant Instruction M16475.lD,                        the Lower Mississippi River from mile                 DEPARTMENT OF HOMELAND
                                              which guide the Coast Guard in                           marker 216.5 to mile marker 217.5                     SECURITY
                                              complying with the National                              above Head of Passes, Baton Rouge, LA.
                                              Environmental Policy Act of 1969 (42                        (ii) Effective period. This section will           Coast Guard
                                              U.S.C. 4321–4370f), and have                             be effective from 8:45 p.m. through 9:45
                                              determined that this action is one of a                  p.m. on July 2, 2017.                                 33 CFR Part 165
                                              category of actions that do not                             (3) St. John the Baptist Parish
                                                                                                       Independence Day fireworks display,                   [Docket Number USCG–2017–0481]
                                              individually or cumulatively have a
                                              significant effect on the human                          LaPlace, LA.                                          RIN 1625–AA00
                                                                                                          (i) Location. All navigable waters of
                                              environment. This rule involves four
                                                                                                       the Lower Mississippi River from mile                 Safety Zone; Cleveland Metroparks 100
                                              temporary safety zones within the COTP
                                                                                                       marker 137.5 to mile marker 138.5                     Year Anniversary Fireworks Display;
                                              Zone on four separate days. It is
                                                                                                       above Head of Passes, LaPlace, LA.                    Lake Erie, Cleveland, OH
                                              categorically excluded from further                         (ii) Effective period. This section will
                                              review under paragraph 34(g) of Figure                   be effective from 8:00 p.m. through 9:00              AGENCY:    Coast Guard, DHS.
                                              2–1 of Commandant Instruction                            p.m. on July 3, 2017.                                 ACTION:   Temporary final rule.
                                              M16475.1D. A Record of Environmental                        (4) Team Beachbody Coach Summit
                                              Consideration (REC) supporting this                      fireworks display, New Orleans, LA.                   SUMMARY:   The Coast Guard is
                                              determination is available in the docket                    (i) Location. All waters of the Lower              establishing a temporary safety zone for
                                              where indicated under ADDRESSES.                         Mississippi River from mile marker 95.7               navigable waters of Lake Erie at
                                                                                                       to mile marker 96.7 above Head of                     Edgewater Park, Cleveland, OH. This
                                              G. Protest Activities
                                                                                                       Passes, New Orleans, LA.                              safety zone is intended to restrict
                                                The Coast Guard respects the First                        (ii) Effective period. This section will           vessels from a portion of Lake Erie
                                              Amendment rights of protesters.                          be effective from 10:30 p.m. through                  during the Cleveland Metroparks 100
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                                              Protesters are asked to contact the                      11:15 p.m. on July 14, 2017.                          Year Anniversary fireworks display.
                                              person listed in the FOR FURTHER                            (b) Definitions. As used in this                   This temporary safety zone is necessary
                                              INFORMATION CONTACT section to                           section, a designated representative                  to protect personnel, vessels, and the
                                              coordinate protest activities so that your               means a commissioned officer, warrant                 marine environment from the potential
                                              message can be received without                          officer, or petty officer of the U.S. Coast           hazards associated with a fireworks
                                              jeopardizing the safety or security of                   Guard assigned under the operational                  display. Entry of vessels or persons into
                                              people, places or vessels.                               control of USCG Sector New Orleans.                   this zone is prohibited unless


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Document Created: 2017-07-04 02:00:49
Document Modified: 2017-07-04 02:00:49
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 July 5, 2017 through July 14, 2017. For the purposes of enforcement, actual notice will be used from 8:00 p.m. through 10:00 p.m. each day from July 1, 2017 through July 5, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]
FR Citation82 FR 30971 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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