83 FR 13109 - Safety Zone; Lower Mississippi River, New Orleans, LA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 59 (March 27, 2018)
Coast Guard
Federal Register Volume 83, Issue 59 (March 27, 2018)
| Page Range | 13109-13111 | |
| FR Document | 2018-06074 |
[Federal Register Volume 83, Number 59 (Tuesday, March 27, 2018)] [Rules and Regulations] [Pages 13109-13111] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06074] ----------------------------------------------------------------------- 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: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for all navigable waters on the Lower Mississippi River from mile marker (MM) 94 to MM 95, above Head of Passes. The safety zone is needed to protect personnel, vessels, and the [[Page 13110]] 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) or a designated representative. DATES: This rule is effective from 8 p.m. through 9 p.m. on April 22, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0930 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 about this 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 AHP Above Head of Passes COTP Captain of the Port Sector New Orleans CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register MM Mile marker NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On March 14, 2017, the NOLA 2018 Foundation notified the Coast Guard that it would be conducting a fireworks display from 8 p.m. through 9 p.m. on April 22, 2018 for the fireworks to be launched from a barge on the Lower Mississippi River at the approximate mile marker (MM) 94.5, above Head of Passes (AHP), New Orleans, LA. In response, on December 11, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) Safety Zone; Lower Mississippi River, New Orleans, LA (82 FR 58151). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended on February 9, 2018, we received no comments. 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 Sector New Orleans (COTP) has determined that potential hazards associated with the fireworks to be used in this April 22, 2018 display will be a safety concern for anyone within a one mile stretch of the Lower Mississippi River. The purpose of this rule is to ensure safety of persons and vessels on the navigable waters in the safety zone before, during, and after the scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published on December 11, 2017. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a safety zone from 8 p.m. through 9 p.m. on April 22, 2018. The safety zone will cover all navigable waters of the Lower Mississippi River between MMs 94 and 95 AHP in New Orleans, LA. 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. 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. 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. 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. 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 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule 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 this rule only encompassing a one mile stretch of the Lower Mississippi River for one hour in the evening. 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 received 0 comments from the Small Business Administration on this rulemaking. 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 [[Page 13111]] Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 Directive 023-01, which guides 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 a safety zone lasting one hour that will prohibit entry within a one-mile stretch of the Lower Mississippi River, between MMs 94 and 95. It is 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 Record of Environmental Consideration 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 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.T08-0930 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, New Orleans, LA between Mile Marker (MM) 94 and MM 95 above Head of Passes. (b) Effective period. This section 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 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. Wayne R. Arguin, Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans. [FR Doc. 2018-06074 Filed 3-26-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations 13109
Fairness Act of 1996 (Pub. L. 104–121), E. Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0104 to read as
we want to assist small entities in The Unfunded Mandates Reform Act follows:
understanding this rule. If the rule of 1995 (2 U.S.C. 1531–1538) requires § 165.T08–0104 Safety Zone; Lower
would affect your small business, Federal agencies to assess the effects of Mississippi River, New Orleans, LA.
organization, or governmental their discretionary regulatory actions. In
jurisdiction and you have questions (a) Location. The following area is a
particular, the Act addresses actions safety zone: All navigable waters of the
concerning its provisions or options for that may result in the expenditure by a
compliance, please contact the person Lower Mississippi River, New Orleans,
State, local, or tribal government, in the LA between Mile Markers (MMs) 94.5
listed in the FOR FURTHER INFORMATION aggregate, or by the private sector of and 95.5 above Head of Passes.
CONTACT section. $100,000,000 (adjusted for inflation) or (b) Effective period. This section is
Small businesses may send comments more in any one year. Though this rule effective from 7:30 p.m. through 8:30
on the actions of Federal employees will not result in such an expenditure, p.m. on April 15, 2018.
who enforce, or otherwise determine we do discuss the effects of this rule (c) Regulations. (1) In accordance with
compliance with, Federal regulations to elsewhere in this preamble. the general regulations in § 165.23, entry
the Small Business and Agriculture F. Environment into this zone is prohibited unless
Regulatory Enforcement Ombudsman specifically authorized by the Captain of
We have analyzed this rule under
and the Regional Small Business Department of Homeland Security the Port Sector New Orleans (COTP) or
Regulatory Fairness Boards. The Directive 023–01, which guides the designated representative. A designated
Ombudsman evaluates these actions Coast Guard in complying with the representative is a commissioned,
annually and rates each agency’s National Environmental Policy Act of warrant, or petty officer of the U.S.
responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have Coast Guard assigned to units under the
wish to comment on actions by determined that this action is one of a operational control of USCG Sector New
employees of the Coast Guard, call 1– category of actions that do not Orleans.
888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a (2) Vessels requiring entry into this
Coast Guard will not retaliate against significant effect on the human safety zone must request permission
small entities that question or complain environment. This rule involves a safety from the COTP or a designated
about this rule or any policy or action zone lasting only one hour that will representative. They may be contacted
of the Coast Guard. prohibit entry within a one-mile stretch on VHF–FM Channel 16 or 67.
of the Lower Mississippi River above (3) Persons and vessels permitted to
C. Collection of Information enter this safety zone must transit at
Head of Passes. It is categorically
excluded from further review under their slowest safe speed and comply
This rule will not call for a new
paragraph L60 of Appendix A, Table 1 with all lawful directions issued by the
collection of information under the
of DHS Instruction Manual 023–01– COTP or the designated representative.
Paperwork Reduction Act of 1995 (44
001–01, Rev. 01. A Record of (d) Information broadcasts. The COTP
U.S.C. 3501–3520).
Environmental Consideration or a designated representative will
D. Federalism and Indian Tribal supporting this determination is inform the public through Broadcast
Governments available in the docket where indicated Notices to Mariners of any changes in
under ADDRESSES. the planned schedule.
A rule has implications for federalism
under Executive Order 13132, G. Protest Activities Wayne R. Arguin,
Federalism, if it has a substantial direct Captain, U.S. Coast Guard, Captain of the
The Coast Guard respects the First Port Sector New Orleans.
effect on the States, on the relationship Amendment rights of protesters.
between the national government and [FR Doc. 2018–06075 Filed 3–26–18; 8:45 am]
Protesters are asked to contact the
the States, or on the distribution of BILLING CODE 9110–04–P
person listed in the FOR FURTHER
power and responsibilities among the INFORMATION CONTACT section to
various levels of government. We have coordinate protest activities so that your DEPARTMENT OF HOMELAND
analyzed this rule under that Order and message can be received without SECURITY
have determined that it is consistent jeopardizing the safety or security of
with the fundamental federalism people, places or vessels. Coast Guard
principles and preemption requirements
described in Executive Order 13132. List of Subjects in 33 CFR Part 165
33 CFR Part 165
Also, this rule does not have tribal Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping [Docket Number USCG–2017–0930]
implications under Executive Order
13175, Consultation and Coordination requirements, Security measures, RIN 1625–AA00
with Indian Tribal Governments, Waterways.
because it does not have a substantial For the reasons discussed in the Safety Zone; Lower Mississippi River,
direct effect on one or more Indian preamble, the Coast Guard amends 33 New Orleans, LA
tribes, on the relationship between the CFR part 165 as follows:
AGENCY: Coast Guard, DHS.
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION ACTION: Temporary final rule.
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS
responsibilities between the Federal SUMMARY: The Coast Guard is
amozie on DSK30RV082PROD with RULES
Government and Indian tribes. If you ■ 1. The authority citation for part 165 establishing a temporary safety zone for
believe this rule has implications for continues to read as follows: all navigable waters on the Lower
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Mississippi River from mile marker
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; (MM) 94 to MM 95, above Head of
FURTHER INFORMATION CONTACT section Department of Homeland Security Delegation Passes. The safety zone is needed to
above. No. 0170.1. protect personnel, vessels, and the
VerDate Sep<11>2014 17:36 Mar 26, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\27MRR1.SGM 27MRR1](https://thefederalregister.org/doc/83_FR_13168/page/1.svg)
![Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations 13111
Paperwork Reduction Act of 1995 (44 Consideration supporting this inform the public through Broadcast
U.S.C. 3501–3520). determination is available in the docket Notices to Mariners of any changes in
where indicated under ADDRESSES. the planned schedule.
D. Federalism and Indian Tribal
Governments G. Protest Activities Wayne R. Arguin,
A rule has implications for federalism The Coast Guard respects the First Captain, U.S. Coast Guard, Captain of the
under Executive Order 13132, Amendment rights of protesters. Port Sector New Orleans.
Federalism, if it has a substantial direct Protesters are asked to contact the [FR Doc. 2018–06074 Filed 3–26–18; 8:45 am]
effect on the States, on the relationship person listed in the FOR FURTHER BILLING CODE 9110–04–P
between the national government and INFORMATION CONTACT section to
the States, or on the distribution of coordinate protest activities so that your
power and responsibilities among the message can be received without ENVIRONMENTAL PROTECTION
various levels of government. We have jeopardizing the safety or security of AGENCY
analyzed this rule under that Order and people, places or vessels.
have determined that it is consistent 40 CFR Part 62
with the fundamental federalism List of Subjects in 33 CFR Part 165
[EPA–R08–OAR–2017–0552; FRL–9975–
principles and preemption requirements Harbors, Marine safety, Navigation 39—Region 8]
described in Executive Order 13132. (water), Reporting and recordkeeping
Also, this rule does not have tribal requirements, Security measures, Approval and Promulgation of State
implications under Executive Order Waterways. Plans for Designated Facilities and
13175, Consultation and Coordination For the reasons discussed in the Pollutants; Colorado; Control of
with Indian Tribal Governments, preamble, the Coast Guard amends 33 Emissions From Existing Commercial
because it does not have a substantial CFR part 165 as follows: and Industrial Solid Waste Incineration
direct effect on one or more Indian Units
tribes, on the relationship between the PART 165—REGULATED NAVIGATION
Federal Government and Indian tribes, AGENCY: Environmental Protection
AREAS AND LIMITED ACCESS AREAS
or on the distribution of power and Agency (EPA).
responsibilities between the Federal ■ 1. The authority citation for part 165 ACTION: Final rule.
Government and Indian tribes. If you continues to read as follows:
SUMMARY: The Environmental Protection
believe this rule has implications for Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Agency (EPA) is approving a new state
federalism or Indian tribes, please 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; plan (the ‘‘plan’’) submitted by the
contact the person listed in the FOR Department of Homeland Security Delegation
No. 0170.1.
Colorado Department of Public Health
FURTHER INFORMATION CONTACT section. and Environment (CDPHE) for the
E. Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0930 to read as regulation of existing commercial and
follows: industrial solid waste incineration
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires § 165.T08–0930 Safety Zone; Lower (CISWI) units within the jurisdiction of
Federal agencies to assess the effects of Mississippi River, New Orleans, LA. the State of Colorado. The plan has been
their discretionary regulatory actions. In (a) Location. The following area is a submitted to the EPA for approval
particular, the Act addresses actions safety zone: All navigable waters of the following the promulgation of federal
that may result in the expenditure by a Lower Mississippi River, New Orleans, new source performance standards
State, local, or tribal government, in the LA between Mile Marker (MM) 94 and (NSPS) and emission guidelines (EG) for
aggregate, or by the private sector of MM 95 above Head of Passes. CISWI units on March 21, 2011, and the
$100,000,000 (adjusted for inflation) or (b) Effective period. This section is subsequent, limited revisions to that
more in any one year. Though this rule effective from 8 p.m. through 9 p.m. on final rule on February 7, 2013, and June
will not result in such an expenditure, April 22, 2018. 23, 2016. This plan approval final
we do discuss the effects of this rule (c) Regulations. (1) In accordance with rulemaking action is being taken in
elsewhere in this preamble. the general regulations in § 165.23, entry accordance with sections 111(d) and
into this zone is prohibited unless 129 of the Clean Air Act (CAA, or the
F. Environment specifically authorized by the Captain of ‘‘Act’’).
We have analyzed this rule under the Port Sector New Orleans (COTP) or DATES: This final rule is effective on
Department of Homeland Security designated representative. A designated April 26, 2018.
Directive 023–01, which guides the representative is a commissioned, ADDRESSES: The EPA has established a
Coast Guard in complying with the warrant, or petty officer of the U.S. docket for this action under Docket ID
National Environmental Policy Act of Coast Guard assigned to units under the No. EPA–R08–OAR–2017–0552. All
1969 (42 U.S.C. 4321–4370f), and have operational control of USCG Sector New documents in the docket are listed on
determined that this action is one of a Orleans. the http://www.regulations.gov website.
category of actions that do not (2) Vessels requiring entry into this Although listed in the index, some
individually or cumulatively have a safety zone must request permission information is not publicly available,
significant effect on the human from the COTP or a designated e.g., CBI or other information whose
environment. This rule involves a safety representative. They may be contacted disclosure is restricted by statute.
zone lasting one hour that will prohibit on VHF–FM Channel 16 or 67. Certain other material, such as
entry within a one-mile stretch of the (3) Persons and vessels permitted to copyrighted material, is not placed on
amozie on DSK30RV082PROD with RULES
Lower Mississippi River, between MMs enter this safety zone must transit at the internet and will be publicly
94 and 95. It is categorically excluded their slowest safe speed and comply available only in hard copy form.
from further review under paragraph with all lawful directions issued by the Publicly available docket materials are
L60(a) of Appendix A, Table 1 of DHS COTP or the designated representative. available through www.regulations.gov,
Instruction Manual 023–01–001–01, (d) Information broadcasts. The COTP or please contact the person identified
Rev. 01. A Record of Environmental or a designated representative will in the FOR FURTHER INFORMATION
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Document Created: 2018-03-27 01:26:44
Document Modified: 2018-03-27 01:26:44
| 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 | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 8 p.m. through 9 p.m. on April 22, 2018. | |
| Contact | If you have questions about this 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 | 83 FR 13109 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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