83 FR 16817 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 74 (April 17, 2018)

Page Range		16817-16819
FR Document		2018-07908

The Coast Guard proposes to establish a temporary safety zone for certain navigable waters of the Mississippi River from mile marker (MM) 94 to MM 95 above Head of Passes. This action is necessary to provide for the safety of life on these navigable waters near Algiers Point, New Orleans, LA, during a fireworks display on June 30, 2018. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New Orleans or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)

[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16817-16819]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07908]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0331]
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 certain navigable waters of the Mississippi River from mile marker 
(MM) 94 to MM 95 above Head of Passes. This action is necessary to 
provide for the safety of life on these navigable waters near Algiers 
Point, New Orleans, LA, during a fireworks display on June 30, 2018. 
This proposed rulemaking would prohibit persons and vessels from being 
in the safety zone unless authorized by the Captain of the Port Sector 
New Orleans 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 May 17, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0331 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 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
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 4, 2018, AFX Pro, LLC, notified the Coast Guard that it 
would

[[Page 16818]]

be conducting a fireworks display from 10 p.m. through 10:45 p.m. on 
June 30, 2018, for a wedding celebration. The fireworks are to be 
launched from a barge in the Mississippi River at approximate mile 
marker (MM) 95.5 above Head of Passes near Algiers Point, New Orleans, 
LA. Hazards from firework displays include accidental 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 to be 
used in this display would be a safety concern for anyone within a one-
mile stretch of the river.
    The purpose of this rulemaking is to ensure the safety of vessels 
on the navigable waters within a one-mile stretch of the river before, 
during, and after the fireworks display. 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 9:45 p.m. through 
11 p.m. on June 30, 2018. The safety zone would cover all navigable 
waters of the Mississippi River above Head of Passes between mile 
markers (MM) 94 and 95. 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 or by telephone at (504) 365-2200. 
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 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 
duration of the safety zone. This safety zone is for only one hour on a 
one-mile section of the waterway. Moreover, the Coast Guard would issue 
a Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16 about 
the zone, and the rule would allow vessels to seek permission to enter 
the zone.

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 proposed 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 rulemaking 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 rulemaking 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

[[Page 16819]]

Security Directive 023-01 and Commandant Instruction M16475.1D, 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 between mile marker 95 and mile marker 94 on 
the Lower Mississippi River above Head of Passes. 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 website'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 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.T08-0331 to read as follows:


Sec.  165.T08-0331  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 from mile marker 
(MM) 94 to MM 95 above Head of Passes.
    (b) Effective period. This section is effective from 9:45 p.m. 
through 11 p.m. on June 30, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
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 or by telephone at (504) 365-2200.
    (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: April 11, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-07908 Filed 4-16-18; 8:45 am]
 BILLING CODE 9110-04-P

16818 Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules

be conducting a fireworks display from A. Regulatory Planning and Review business, organization, or governmental
10 p.m. through 10:45 p.m. on June 30, Executive Orders 12866 and 13563 jurisdiction and you have questions
2018, for a wedding celebration. The direct agencies to assess the costs and concerning its provisions or options for
fireworks are to be launched from a benefits of available regulatory compliance, please contact the person
barge in the Mississippi River at alternatives and, if regulation is listed in the FOR FURTHER INFORMATION
approximate mile marker (MM) 95.5 necessary, to select regulatory CONTACT section. The Coast Guard will
above Head of Passes near Algiers Point, approaches that maximize net benefits. not retaliate against small entities that
New Orleans, LA. Hazards from Executive Order 13771 directs agencies question or complain about this
firework displays include accidental to control regulatory costs through a proposed rule or any policy or action of
discharge of fireworks, dangerous budgeting process. This NPRM has not the Coast Guard.
projectiles, and falling hot embers or been designated a ‘‘significant C. Collection of Information
other debris. The Captain of the Port regulatory action,’’ under Executive
Sector New Orleans (COTP) has This proposed rule would not call for
Order 12866. Accordingly, the NPRM a new collection of information under
determined that potential hazards has not been reviewed by the Office of
associated with the fireworks to be used the Paperwork Reduction Act of 1995
Management and Budget (OMB), and (44 U.S.C. 3501–3520).
in this display would be a safety pursuant to OMB guidance it is exempt
concern for anyone within a one-mile from the requirements of Executive D. Federalism and Indian Tribal
stretch of the river. Order 13771. Governments
The purpose of this rulemaking is to This regulatory action determination A rule has implications for federalism
ensure the safety of vessels on the is based on the size and duration of the under Executive Order 13132,
navigable waters within a one-mile safety zone. This safety zone is for only Federalism, if it has a substantial direct
stretch of the river before, during, and one hour on a one-mile section of the effect on the States, on the relationship
after the fireworks display. The Coast waterway. Moreover, the Coast Guard between the national government and
Guard proposes this rulemaking under would issue a Broadcast Notice to the States, or on the distribution of
authority in 33 U.S.C. 1231. Mariners (BNM) via VHF–FM marine power and responsibilities among the
III. Discussion of Proposed Rule channel 16 about the zone, and the rule various levels of government. We have
would allow vessels to seek permission analyzed this proposed rule under that
The COTP proposes to establish a to enter the zone. Order and have determined that it is
safety zone from 9:45 p.m. through 11
B. Impact on Small Entities consistent with the fundamental
p.m. on June 30, 2018. The safety zone
federalism principles and preemption
would cover all navigable waters of the The Regulatory Flexibility Act of requirements described in Executive
Mississippi River above Head of Passes 1980, 5 U.S.C. 601–612, as amended, Order 13132.
between mile markers (MM) 94 and 95. requires Federal agencies to consider Also, this proposed rule does not have
The duration of the zone is intended to the potential impact of regulations on tribal implications under Executive
ensure the safety of vessels and these small entities during rulemaking. The Order 13175, Consultation and
navigable waters before, during, and term ‘‘small entities’’ comprises small Coordination with Indian Tribal
after the scheduled fireworks display. businesses, not-for-profit organizations Governments, because it would not have
No vessel or person would be permitted that are independently owned and a substantial direct effect on one or
to enter the safety zone without operated and are not dominant in their more Indian tribes, on the relationship
obtaining permission from the COTP or fields, and governmental jurisdictions between the Federal Government and
a designated representative. A with populations of less than 50,000. Indian tribes, or on the distribution of
designated representative is a The Coast Guard certifies under 5 U.S.C. power and responsibilities between the
commissioned, warrant, or petty officer 605(b) that this proposed rule would not Federal Government and Indian tribes.
of the U.S. Coast Guard assigned to have a significant economic impact on If you believe this proposed rule has
units under the operational control of a substantial number of small entities. implications for federalism or Indian
USCG Sector New Orleans. While some owners or operators of tribes, please contact the person listed
Vessels requiring entry into this safety vessels intending to transit the safety in the FOR FURTHER INFORMATION
zone must request permission from the zone may be small entities, for the CONTACT section.
COTP or a designated representative. reasons stated in section IV.A above,
They may be contacted on VHF–FM this proposed rule would not have a E. Unfunded Mandates Reform Act
Channel 16 or 67 or by telephone at significant economic impact on any The Unfunded Mandates Reform Act
(504) 365–2200. Persons and vessels vessel owner or operator. of 1995 (2 U.S.C. 1531–1538) requires
permitted to enter this safety zone must If you think that your business, Federal agencies to assess the effects of
transit at their slowest safe speed and organization, or governmental their discretionary regulatory actions. In
comply with all lawful directions issued jurisdiction qualifies as a small entity particular, the Act addresses actions
by the COTP or a designated and that this proposed rule would have that may result in the expenditure by a
representative. The regulatory text we a significant economic impact on it, State, local, or tribal government, in the
are proposing appears at the end of this please submit a comment (see aggregate, or by the private sector of
document. ADDRESSES) explaining why you think it $100,000,000 (adjusted for inflation) or
qualifies and how and to what degree more in any one year. Though this
IV. Regulatory Analyses
amozie on DSK30RV082PROD with PROPOSALS

this rulemaking would economically proposed rule would not result in such
We developed this proposed rule after affect it. an expenditure, we do discuss the
considering numerous statutes and Under section 213(a) of the Small effects of this rule elsewhere in this
Executive orders related to rulemaking. Business Regulatory Enforcement preamble.
Below we summarize our analyses Fairness Act of 1996 (Pub. L. 104–121),
based on a number of these statutes and we want to assist small entities in F. Environment
Executive orders and we discuss First understanding this proposed rule. If the We have analyzed this proposed rule
Amendment rights of protestors. rulemaking would affect your small under Department of Homeland

VerDate Sep<11>2014 17:36 Apr 16, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\17APP1.SGM 17APP1

Document Created: 2018-04-17 02:51:52
Document Modified: 2018-04-17 02:51:52

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 May 17, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Commander Howard Vacco, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]
FR Citation		83 FR 16817
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 16817 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 74 (April 17, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard