82 FR 58149 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range		58149-58151
FR Document		2017-26562

The Coast Guard is establishing a temporary safety zone for all navigable waters on the Lower Mississippi River from mile marker (MM) 95.7 to MM 96.7, Above Head of Passes. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans (COTP). We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 236 (Monday, December 11, 2017)

[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Proposed Rules]
[Pages 58149-58151]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26562]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1057]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters on the Lower Mississippi River from mile marker 
(MM) 95.7 to MM 96.7, Above Head of Passes. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by a fireworks display. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector New Orleans (COTP). We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 10, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1057 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public

[[Page 58150]]

Participation and Request for Comments'' portion of the SUPPLEMENTARY 
INFORMATION section for further instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On November 7, 2017, the Association of General Contractors of 
America notified the Coast Guard that it would be conducting a 
fireworks display from 7:30 p.m. through 8:30 p.m. on February 27, 
2018. The fireworks will to be launched from a barge on the Lower 
Mississippi River at approximate mile marker (MM) 96.2, Above Head of 
Passes, New Orleans, LA. Hazards from firework displays include 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. The Captain of the Port Sector New Orleans (COTP) has 
determined that potential hazards associated with the fireworks would 
be a safety concern for anyone within a one-mile length of the river.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a one-mile range of the fireworks barge 
before, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 7:30 p.m. through 
8:30 p.m. on February 27, 2018. The safety zone would cover all 
navigable waters of the Lower Mississippi River between MM 95.7 and MM 
96.7, Above Head of Passes. The duration of the zone is intended to 
ensure the safety of vessels and these navigable waters before, during, 
and after the scheduled fireworks display. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and short 
duration of the waterway closure, which will remain in effect for one 
hour on a one-mile section of the waterway. In addition, vessel traffic 
seeking to transit the area may seek permission from the COTP or his 
designated representative to do so.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or

[[Page 58151]]

more in any one year. Though this proposed rule would not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security 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 made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone lasting one hour that would prohibit entry within a one-mile 
section of the Lower Mississippi River. Normally such actions are 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
preliminary Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-1057 to read as follows:


Sec.  165.T08-1057  Safety Zone; Mississippi River, New Orleans, LA

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River between mile markers 95.7 and 
96.7 Above Head of Passes.
    (b) Effective period. This section is effective from 7:30 p.m. 
through 8:30 p.m. on February 27, 2018.
    (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 Sector New Orleans 
(COTP) or designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector New 
Orleans.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners of any 
changes in the planned schedule.

    Dated: December 4, 2017.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2017-26562 Filed 12-8-17; 8:45 am]
 BILLING CODE 9110-04-P

58150 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules

Participation and Request for are proposing appears at the end of this ADDRESSES) explaining why you think it
Comments’’ portion of the document. qualifies and how and to what degree
SUPPLEMENTARY INFORMATION section for this rule would economically affect it.
IV. Regulatory Analyses Under section 213(a) of the Small
further instructions on submitting
comments. We developed this proposed rule after Business Regulatory Enforcement
considering numerous statutes and Fairness Act of 1996 (Pub. L. 104–121),
FOR FURTHER INFORMATION CONTACT: If
executive orders related to rulemaking. we want to assist small entities in
you have questions about this proposed
Below we summarize our analyses understanding this proposed rule. If the
rulemaking, call or email Lieutenant
based on a number of these statutes and rule would affect your small business,
Commander (LCDR) Howard Vacco,
Executive orders and we discuss First organization, or governmental
Sector New Orleans, U.S. Coast Guard;
Amendment rights of protestors. jurisdiction and you have questions
telephone 504–365–2281, email
Howard.K.Vacco@uscg.mil. A. Regulatory Planning and Review concerning its provisions or options for
compliance, please contact the person
SUPPLEMENTARY INFORMATION: Executive Orders 12866 and 13563 listed in the FOR FURTHER INFORMATION
I. Table of Abbreviations direct agencies to assess the costs and CONTACT section. The Coast Guard will
benefits of available regulatory not retaliate against small entities that
CFR Code of Federal Regulations alternatives and, if regulation is
COTP Captain of the Port Sector New question or complain about this
necessary, to select regulatory proposed rule or any policy or action of
Orleans
DHS Department of Homeland Security
approaches that maximize net benefits. the Coast Guard.
FR Federal Register Executive Order 13771 directs agencies
to control regulatory costs through a C. Collection of Information
NPRM Notice of proposed rulemaking
§ Section budgeting process. This NPRM has not This proposed rule would not call for
U.S.C. United States Code been designated a ‘‘significant a new collection of information under
regulatory action,’’ under Executive the Paperwork Reduction Act of 1995
II. Background, Purpose, and Legal
Order 12866. Accordingly, the NPRM (44 U.S.C. 3501–3520).
Basis
has not been reviewed by the Office of
On November 7, 2017, the Association D. Federalism and Indian Tribal
Management and Budget (OMB), and
of General Contractors of America Governments
pursuant to OMB guidance it is exempt
notified the Coast Guard that it would from the requirements of Executive A rule has implications for federalism
be conducting a fireworks display from Order 13771. under Executive Order 13132,
7:30 p.m. through 8:30 p.m. on February This regulatory action determination Federalism, if it has a substantial direct
27, 2018. The fireworks will to be is based on the size and short duration effect on the States, on the relationship
launched from a barge on the Lower of the waterway closure, which will between the national government and
Mississippi River at approximate mile remain in effect for one hour on a one- the States, or on the distribution of
marker (MM) 96.2, Above Head of mile section of the waterway. In power and responsibilities among the
Passes, New Orleans, LA. Hazards from addition, vessel traffic seeking to transit various levels of government. We have
firework displays include discharge of the area may seek permission from the analyzed this proposed rule under that
fireworks, dangerous projectiles, and COTP or his designated representative Order and have determined that it is
falling hot embers or other debris. The to do so. consistent with the fundamental
Captain of the Port Sector New Orleans federalism principles and preemption
(COTP) has determined that potential B. Impact on Small Entities requirements described in Executive
hazards associated with the fireworks The Regulatory Flexibility Act of Order 13132.
would be a safety concern for anyone 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
within a one-mile length of the river. requires Federal agencies to consider tribal implications under Executive
The purpose of this rulemaking is to the potential impact of regulations on Order 13175, Consultation and
ensure the safety of vessels and the small entities during rulemaking. The Coordination with Indian Tribal
navigable waters within a one-mile term ‘‘small entities’’ comprises small Governments, because it would not have
range of the fireworks barge before, businesses, not-for-profit organizations a substantial direct effect on one or
during, and after the scheduled event. that are independently owned and more Indian tribes, on the relationship
The Coast Guard proposes this operated and are not dominant in their between the Federal Government and
rulemaking under authority in 33 U.S.C. fields, and governmental jurisdictions Indian tribes, or on the distribution of
1231. with populations of less than 50,000. power and responsibilities between the
The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
III. Discussion of Proposed Rule
605(b) that this proposed rule would not If you believe this proposed rule has
The COTP proposes to establish a have a significant economic impact on implications for federalism or Indian
safety zone from 7:30 p.m. through 8:30 a substantial number of small entities. tribes, please contact the person listed
p.m. on February 27, 2018. The safety While some owners or operators of in the FOR FURTHER INFORMATION
zone would cover all navigable waters vessels intending to transit the safety CONTACT section.
of the Lower Mississippi River between zone may be small entities, for the
MM 95.7 and MM 96.7, Above Head of reasons stated in section IV.A above, E. Unfunded Mandates Reform Act
Passes. The duration of the zone is this proposed rule would not have a The Unfunded Mandates Reform Act
daltland on DSKBBV9HB2PROD with PROPOSALS

intended to ensure the safety of vessels significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
and these navigable waters before, vessel owner or operator. Federal agencies to assess the effects of
during, and after the scheduled If you think that your business, their discretionary regulatory actions. In
fireworks display. No vessel or person organization, or governmental particular, the Act addresses actions
would be permitted to enter the safety jurisdiction qualifies as a small entity that may result in the expenditure by a
zone without obtaining permission from and that this rule would have a State, local, or tribal government, in the
the COTP or a designated significant economic impact on it, aggregate, or by the private sector of
representative. The regulatory text we please submit a comment (see $100,000,000 (adjusted for inflation) or

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Document Created: 2017-12-09 01:50:05
Document Modified: 2017-12-09 01:50:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before January 10, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]
FR Citation		82 FR 58149
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 58149 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 236 (December 11, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard