83 FR 30871 - Safety Zone; Lower Mississippi River, Reserve, LA

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 83, Issue 127 (July 2, 2018)

Page Range		30871-30872
FR Document		2018-14178
The Coast Guard is establishing a temporary safety zone for navigable waters on the Lower Mississippi River between mile markers (MM) 137.5 and MM 138.5 above Head of Passes. The safety zone is needed to protect persons, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Sector New Orleans or a designated representative.
Federal Register, Volume 83 Issue 127 (Monday, July 2, 2018)
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30871-30872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14178]



[[Page 30871]]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0587]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Reserve, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters on the Lower Mississippi River between mile markers 
(MM) 137.5 and MM 138.5 above Head of Passes. The safety zone is needed 
to protect persons, vessels, and the marine environment from potential 
hazards created by a fireworks display. Entry of vessels or persons 
into this zone is prohibited unless authorized by the Captain of the 
Port Sector New Orleans or a designated representative.

DATES: This rule is effective from 8:45 p.m. through 9:45 p.m. on July 
3, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0587 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Howard Vacco, Sector New Orleans, 
U.S. Coast Guard; telephone 504-365-2281, email 
Howard.K.Vacco@uscg.mil.

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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable. We must 
establish this safety zone by July 3, 2018 and lack sufficient time to 
provide a reasonable comment period and then consider those comments. 
The NPRM process would delay establishment of this safety zone until 
after the date of the fireworks and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule is contrary to the public interest because immediate action 
is necessary to respond to the potential safety hazards associated with 
the fireworks display.

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 a fireworks display on July 3, 
2018, will be a safety concern for anyone within a one-mile portion of 
the Lower Mississippi River. Hazards from fireworks displays include 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. This rule is necessary to protect persons, 
vessels, and the marine environment before, during, and after the 
fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:45 p.m. 
through 9:45 p.m. on July 3, 2018. The safety zone will cover all 
navigable waters of the Lower Mississippi River between mile marker 
(MM) 137.5 and MM 138.5, above Head of Passes. The duration of the zone 
is intended to protect persons, vessels, and the marine environment 
before, during, and after the fireworks display. No vessel or person 
will 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 the designated representative. The COTP or a designated 
representative will inform the public of the enforcement times and date 
for this safety zone through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Broadcasts (MSIBs) as appropriate.

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 the size, 
location, duration, and time-of-day of the safety zone. This temporary 
safety zone covers a one-mile portion of the River for only one hour on 
one evening. Moreover, the Coast Guard will issue BNMs via VHF-FM 
marine channel 16 about the zone, and the rule allows 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 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 this 
temporarysafety zone may be small

[[Page 30872]]

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 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 temporary safety zone lasting only one hour that will prohibit entry 
on a one-mile portion of the Lower Mississippi River. It is 
categorically excluded from further review under paragraph L(60)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.T08-0587 to read as follows:


Sec.  165.T08-0587   Safety Zone; Lower Mississippi River, Reserve, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of Lower Mississippi River between mile marker (MM) 137.5 and MM 
138.5, Reserve, LA.
    (b) Effective period. This section is effective from 8:45 p.m. 
through 9:45 p.m. on July 3, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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 of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs) 
as appropriate.

    Dated: June 25, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-14178 Filed 6-29-18; 8:45 am]
 BILLING CODE 9110-04-P
30872 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations

entities, for the reasons stated in section contact the person listed in the FOR Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
V.A above, this rule will not have a FURTHER INFORMATION CONTACT section 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
significant economic impact on any above. Department of Homeland Security Delegation
vessel owner or operator. No. 0170.1.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0587 to read as
Business Regulatory Enforcement The Unfunded Mandates Reform Act follows:
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
§ 165.T08–0587 Safety Zone; Lower
we want to assist small entities in Federal agencies to assess the effects of Mississippi River, Reserve, LA.
understanding this rule. If the rule their discretionary regulatory actions. In
would affect your small business, (a) Location. The following area is a
particular, the Act addresses actions
organization, or governmental safety zone: All navigable waters of
that may result in the expenditure by a
jurisdiction and you have questions Lower Mississippi River between mile
State, local, or tribal government, in the
concerning its provisions or options for marker (MM) 137.5 and MM 138.5,
aggregate, or by the private sector of
compliance, please contact the person Reserve, LA.
$100,000,000 (adjusted for inflation) or
listed in the FOR FURTHER INFORMATION (b) Effective period. This section is
more in any one year. Though this rule
CONTACT section.
effective from 8:45 p.m. through 9:45
will not result in such an expenditure,
Small businesses may send comments p.m. on July 3, 2018.
we do discuss the effects of this rule (c) Regulations. (1) In accordance with
on the actions of Federal employees elsewhere in this preamble.
who enforce, or otherwise determine the general regulations in § 165.23, entry
compliance with, Federal regulations to F. Environment into this zone is prohibited unless
the Small Business and Agriculture We have analyzed this rule under authorized by the Captain of the Port
Regulatory Enforcement Ombudsman Department of Homeland Security Sector New Orleans (COTP) or
and the Regional Small Business Directive 023–01 and Commandant designated representative. A designated
Regulatory Fairness Boards. The Instruction M16475.1D, which guide the representative is a commissioned,
Ombudsman evaluates these actions Coast Guard in complying with the warrant, or petty officer of the U.S.
annually and rates each agency’s National Environmental Policy Act of Coast Guard assigned to units under the
responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have operational control of USCG Sector New
wish to comment on actions by determined that this action is one of a Orleans.
employees of the Coast Guard, call 1– (2) Vessels requiring entry into this
category of actions that do not
888–REG–FAIR (1–888–734–3247). The safety zone must request permission
individually or cumulatively have a
Coast Guard will not retaliate against from the COTP or a designated
significant effect on the human
small entities that question or complain representative. They may be contacted
environment. This rule involves a
about this rule or any policy or action on VHF–FM Channel 16 or 67 or by
temporary safety zone lasting only one
of the Coast Guard. telephone at (504) 365–2200.
hour that will prohibit entry on a one-
(3) Persons and vessels permitted to
C. Collection of Information mile portion of the Lower Mississippi
enter this safety zone must transit at
River. It is categorically excluded from
This rule will not call for a new their slowest safe speed and comply
further review under paragraph L(60)a
collection of information under the with all lawful directions issued by the
of Appendix A, Table 1 of DHS
Paperwork Reduction Act of 1995 (44 COTP or the designated representative.
Instruction Manual 023–01–001–01,
U.S.C. 3501–3520). (d) Information broadcasts. The COTP
Rev. 01. A Record of Environmental
or a designated representative will
D. Federalism and Indian Tribal Consideration supporting this
inform the public of the enforcement
Governments determination is available in the docket
times and date for this safety zone
where indicated under ADDRESSES.
A rule has implications for federalism through Broadcast Notices to Mariners
under Executive Order 13132, G. Protest Activities (BNMs), Local Notices to Mariners
Federalism, if it has a substantial direct The Coast Guard respects the First (LNMs), and/or Marine Safety
effect on the States, on the relationship Amendment rights of protesters. Information Broadcasts (MSIBs) as
between the national government and Protesters are asked to contact the appropriate.
the States, or on the distribution of person listed in the FOR FURTHER Dated: June 25, 2018.
power and responsibilities among the INFORMATION CONTACT section to K.M. Luttrell,
various levels of government. We have coordinate protest activities so that your Captain, U.S. Coast Guard, Captain of the
analyzed this rule under that Order and message can be received without Port Sector New Orleans.
have determined that it is consistent jeopardizing the safety or security of [FR Doc. 2018–14178 Filed 6–29–18; 8:45 am]
with the fundamental federalism people, places or vessels. BILLING CODE 9110–04–P
principles and preemption requirements
described in Executive Order 13132. List of Subjects in 33 CFR Part 165
Also, this rule does not have tribal Harbors, Marine safety, Navigation DEPARTMENT OF HOMELAND
implications under Executive Order (water), Reporting and recordkeeping SECURITY
13175, Consultation and Coordination requirements, Security measures,
with Indian Tribal Governments, Waterways. Coast Guard
because it does not have a substantial For the reasons discussed in the
direct effect on one or more Indian preamble, the Coast Guard amends 33 33 CFR Part 165
tribes, on the relationship between the
daltland on DSKBBV9HB2PROD with RULES

CFR part 165 as follows: [Docket No. USCG–2018–0483]
Federal Government and Indian tribes,
or on the distribution of power and PART 165—REGULATED NAVIGATION Safety Zones; Fourth of July Fireworks
responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS in Captain of the Port San Francisco
Government and Indian tribes. If you Zone
believe this rule has implications for ■ 1. The authority citation for part 165
federalism or Indian tribes, please continues to read as follows: AGENCY: Coast Guard, DHS.

VerDate Sep<11>2014 16:46 Jun 29, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1
Document Created: 2018-06-30 00:18:20
Document Modified: 2018-06-30 00:18:20
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 8:45 p.m. through 9:45 p.m. on July 3, 2018.
Contact		If you have questions on this rule, 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 30871
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways