82 FR 58151 - 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		58151-58153
FR Document		2017-26560

The Coast Guard proposes to establish a temporary safety zone for the navigable waters of the Lower Mississippi River between mile marker (MM) 94 and MM 95, above Head of Passes. This action is necessary to provide for the safety of life on these navigable waters near New Orleans, LA, during a fireworks display on April 22, 2018. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector New Orleans (COTP) or a designated representative. 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 58151-58153]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26560]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0930]
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 proposes to establish a temporary safety zone 
for the navigable waters of the Lower Mississippi River between mile 
marker (MM) 94 and MM 95, above Head of Passes. This action is 
necessary to provide for the safety of life on these navigable waters 
near New Orleans, LA, during a fireworks display on April 22, 2018. 
This proposed rulemaking would prohibit persons and vessels from 
entering the safety zone unless authorized by the Captain of the Port 
Sector New Orleans (COTP) or a designated representative. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0930 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 about this 
proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard 
Vacco,

[[Page 58152]]

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 March 14, 2017, the NOLA 2018 Foundation notified the Coast 
Guard that it will be conducting a fireworks display from 8 p.m. 
through 9 p.m. on April 22, 2018. The fireworks are to be launched from 
a barge on the Lower Mississippi River at approximate mile marker (MM) 
94.5, above Head of Passes, off Algiers Point, 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 8:00 p.m. through 
9:00 p.m. on April 22, 2018. The safety zone would cover all navigable 
waters of the Lower Mississippi River between MM 94 and MM 95, 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 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

[[Page 58153]]

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 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. 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

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.T08-0930 to read as follows:


Sec.  165.T08-0930   Safety Zone; Lower Mississippi River, New Orleans, 
LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River between mile marker (MM) 94 and 
MM 95, above Head of Passes.
    (b) Effective period. This rule is effective from 8 p.m. through 9 
p.m. on April 22, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port 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. 2017-26560 Filed 12-8-17; 8:45 am]
 BILLING CODE 9110-04-P

58152 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules

Sector New Orleans, U.S. Coast Guard; A. Regulatory Planning and Review concerning its provisions or options for
telephone 504–365–2281, email Executive Orders 12866 and 13563 compliance, please contact the person
Howard.K.Vacco@uscg.mil. direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION
SUPPLEMENTARY INFORMATION: CONTACT section. The Coast Guard will
benefits of available regulatory
alternatives and, if regulation is not retaliate against small entities that
I. Table of Abbreviations question or complain about this
necessary, to select regulatory
CFR Code of Federal Regulations
approaches that maximize net benefits. proposed rule or any policy or action of
COTP Captain of the Port Sector New the Coast Guard.
Orleans Executive Order 13771 directs agencies
DHS Department of Homeland Security to control regulatory costs through a C. Collection of Information
FR Federal Register budgeting process. This NPRM has not This proposed rule would not call for
NPRM Notice of proposed rulemaking been designated a ‘‘significant a new collection of information under
§ Section regulatory action,’’ under Executive
U.S.C. United States Code the Paperwork Reduction Act of 1995
Order 12866. Accordingly, the NPRM (44 U.S.C. 3501–3520).
II. Background, Purpose, and Legal has not been reviewed by the Office of
Basis Management and Budget (OMB), and D. Federalism and Indian Tribal
pursuant to OMB guidance it is exempt Governments
On March 14, 2017, the NOLA 2018
from the requirements of Executive A rule has implications for federalism
Foundation notified the Coast Guard
Order 13771. under Executive Order 13132,
that it will be conducting a fireworks
This regulatory action determination Federalism, if it has a substantial direct
display from 8 p.m. through 9 p.m. on
is based on the size and short duration effect on the States, on the relationship
April 22, 2018. The fireworks are to be
of the waterway closure, which will between the national government and
launched from a barge on the Lower
remain in effect for one hour on a one- the States, or on the distribution of
Mississippi River at approximate mile
mile section of the waterway. In power and responsibilities among the
marker (MM) 94.5, above Head of
addition, vessel traffic seeking to transit various levels of government. We have
Passes, off Algiers Point, New Orleans,
the area may seek permission from the analyzed this proposed rule under that
LA. Hazards from firework displays
COTP or his designated representative Order and have determined that it is
include discharge of fireworks,
dangerous projectiles, and falling hot to do so. consistent with the fundamental
embers or other debris. The Captain of B. Impact on Small Entities federalism principles and preemption
the Port Sector New Orleans (COTP) has requirements described in Executive
The Regulatory Flexibility Act of Order 13132.
determined that potential hazards
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
associated with the fireworks would be
requires Federal agencies to consider tribal implications under Executive
a safety concern for anyone within a
the potential impact of regulations on Order 13175, Consultation and
one-mile length of the river.
The purpose of this rulemaking is to small entities during rulemaking. The Coordination with Indian Tribal
ensure the safety of vessels and the term ‘‘small entities’’ comprises small Governments, because it would not have
navigable waters within a one-mile businesses, not-for-profit organizations a substantial direct effect on one or
range of the fireworks barge before, that are independently owned and more Indian tribes, on the relationship
during, and after the scheduled event. operated and are not dominant in their between the Federal Government and
The Coast Guard proposes this fields, and governmental jurisdictions Indian tribes, or on the distribution of
rulemaking under authority in 33 U.S.C. with populations of less than 50,000. power and responsibilities between the
1231. The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
605(b) that this proposed rule would not If you believe this proposed rule has
III. Discussion of Proposed Rule have a significant economic impact on implications for federalism or Indian
The COTP proposes to establish a a substantial number of small entities. tribes, please contact the person listed
safety zone from 8:00 p.m. through 9:00 While some owners or operators of in the FOR FURTHER INFORMATION
p.m. on April 22, 2018. The safety zone vessels intending to transit the safety CONTACT section.
would cover all navigable waters of the zone may be small entities, for the
Lower Mississippi River between MM reasons stated in section IV.A above, E. Unfunded Mandates Reform Act
94 and MM 95, above Head of Passes. this proposed rule would not have a The Unfunded Mandates Reform Act
The duration of the zone is intended to significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
ensure the safety of vessels and these vessel owner or operator. Federal agencies to assess the effects of
navigable waters before, during, and If you think that your business, their discretionary regulatory actions. In
after the scheduled fireworks display. organization, or governmental particular, the Act addresses actions
No vessel or person would be permitted jurisdiction qualifies as a small entity that may result in the expenditure by a
to enter the safety zone without and that this rule would have a State, local, or tribal government, in the
obtaining permission from the COTP or significant economic impact on it, aggregate, or by the private sector of
a designated representative. The please submit a comment (see $100,000,000 (adjusted for inflation) or
regulatory text we are proposing appears ADDRESSES) explaining why you think it more in any one year. Though this
at the end of this document. qualifies and how and to what degree proposed rule would not result in such
this rule would economically affect it. an expenditure, we do discuss the
daltland on DSKBBV9HB2PROD with PROPOSALS

IV. Regulatory Analyses Under section 213(a) of the Small effects of this rule elsewhere in this
We developed this proposed rule after Business Regulatory Enforcement preamble.
considering numerous statutes and Fairness Act of 1996 (Pub. L. 104–121),
Executive orders related to rulemaking. we want to assist small entities in F. Environment
Below we summarize our analyses understanding this proposed rule. If the We have analyzed this proposed rule
based on a number of these statutes and rule would affect your small business, under Department of Homeland
Executive orders and we discuss First organization, or governmental Security Management Directive 023–01
Amendment rights of protestors. jurisdiction and you have questions and Commandant Instruction

VerDate Sep<11>2014 17:10 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\11DEP1.SGM 11DEP1

Document Created: 2017-12-09 01:49:51
Document Modified: 2017-12-09 01:49:51

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 February 9, 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 58151
RIN Number		1625-AA00
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 58151 - 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