83 FR 31052 - Safety Zone; Lower Tchefuncte River, Madisonville, LA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 128 (July 3, 2018)
Coast Guard
Federal Register Volume 83, Issue 128 (July 3, 2018)
| Page Range | 31052-31054 | |
| FR Document | 2018-14243 |
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)] [Rules and Regulations] [Pages 31052-31054] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14243] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0332] RIN 1625-AA00 Safety Zone; Lower Tchefuncte River, Madisonville, LA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for certain navigable waters of the [[Page 31053]] Tchefuncte River. This action is necessary to provide for the safety of persons, vessels, and the marine environment near Madisonville, LA, during a fireworks display on July 4, 2018. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New Orleans or a designated representative. DATES: This rule is effective from 8 p.m. through 9 p.m. on July 4, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0332 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 [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 Information and Regulatory History On April 4, 2018, Geaux Pyro, notified the Coast Guard that it would be conducting a fireworks display from 8 p.m. through 8:30 p.m. on July 4, 2018, for a July 4th celebration. The fireworks are to be launched from a barge on the Tchefuncte River, at approximate position 30[deg]24'11.63'' N, 090[deg]09'17.39'' W, in front of the Madisonville Town Hall. In response, on April 17, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ``Safety Zone; Lower Tchefuncte River, Madisonville, LA'' (83 FR 16815). 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 May 17, 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 July 4, 2018 display will be a safety concern for anyone within a 100- yard radius of the fireworks barge. The purpose of this rule is to ensure safety of persons, vessels, and the marine environment 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 April 17, 2018. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a temporary safety zone from 8 p.m. through 9 p.m. on July 4, 2018. The safety zone would cover all navigable waters of the Tchefuncte River within 100-yards of a barge at approximate position 30[deg]24'11.63'' N, 090[deg]09'17.39'' W, in front of the Madisonville Town Hall in Madisonville, LA. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 8 p.m. to 8:30 p.m. 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 COTP or a designated representative will inform the public through Broadcast Notices to Mariners of any changes in the planned schedule. 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 and duration of the temporary safety zone. This temporary safety zone is for only one hour and will only encompass a 100-yard section on the Tchefuncte River. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners (BNM) 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 received no 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 IV.A above, this proposed rule would 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 [[Page 31054]] 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. 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 proposed rule involves a safety zone lasting one hour that would prohibit entry within a 100-yard radius of a barge at approximate position of 30[deg]24'11.63'' N, 090[deg]09'17.39'' W, on the Tchefuncte River. 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.T08-0332 to read as follows: Sec. 165.T08-0332 Safety Zone; Tchefuncte River, New Orleans, LA. (a) Location. The following area is a safety zone: All navigable waters of the Tchefuncte River, 100-yards around a barge at approximate position 30[deg]24'11.63'' N, 090[deg]09'17.39'' W, in front of the Madisonville Town Hall in Madisonville, LA. (b) Effective period. This section is effective from 8 p.m. through 9 p.m. on July 4, 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 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: June 27, 2018. K.M. Luttrell, Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans. [FR Doc. 2018-14243 Filed 7-2-18; 8:45 am] BILLING CODE 9110-04-P
![31052 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
wish to comment on actions by U.S.C. 4321–4370f), and have (b) Enforcement period. The zone
employees of the Coast Guard, call 1– determined that this action is one of a described in paragraph (a) of this
888–REG–FAIR (1–888–734–3247). The category of actions that do not section will be enforced from 9:00 a.m.
Coast Guard will not retaliate against individually or cumulatively have a until approximately 10:30 p.m. on July
small entities that question or complain significant effect on the human 4, 2018. The Captain of the Port San
about this rule or any policy or action environment. This rule involves a safety Francisco (COTP) will notify the
of the Coast Guard. zone of limited size and duration. It is maritime community of periods during
categorically excluded from further which this zone will be enforced via
C. Collection of Information
review under Categorical Exclusion Broadcast Notice to Mariners in
This rule will not call for a new L60(a) of Appendix A, Table 1 of DHS accordance with § 165.7.
collection of information under the Instruction Manual 023–01–001–01, (c) Definitions. As used in this
Paperwork Reduction Act of 1995 (44 Rev. 01. A Record of Environmental section, ‘‘designated representative’’
U.S.C. 3501–3520). Consideration supporting this means a Coast Guard Patrol
D. Federalism and Indian Tribal determination is available in the docket Commander, including a Coast Guard
Governments where indicated under ADDRESSES. coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
A rule has implications for federalism G. Protest Activities
State, or local officer designated by or
under Executive Order 13132, The Coast Guard respects the First assisting the COTP in the enforcement
Federalism, if it has a substantial direct Amendment rights of protesters. of the safety zone.
effect on the States, on the relationship Protesters are asked to contact the (d) Regulations. (1) Under the general
between the national government and person listed in the FOR FURTHER regulations in subpart C of this part,
the States, or on the distribution of INFORMATION CONTACT section to entry into, transiting or anchoring
power and responsibilities among the coordinate protest activities so that your within this safety zone is prohibited
various levels of government. We have message can be received without unless authorized by the COTP or the
analyzed this rule under that Order and jeopardizing the safety or security of COTP’s designated representative.
have determined that it is consistent people, places or vessels. (2) The safety zone is closed to all
with the fundamental federalism vessel traffic, except as may be
principles and preemption requirements List of Subjects in 33 CFR Part 165
permitted by the COTP or a designated
described in Executive Order 13132. Harbors, Marine safety, Navigation representative.
Also, this rule does not have tribal (water), Reporting and recordkeeping (3) Vessel operators desiring to enter
implications under Executive Order requirements, Security measures, or operate within the safety zone must
13175, Consultation and Coordination Waterways. contact the COTP or a designated
with Indian Tribal Governments, For the reasons discussed in the representative to obtain permission to
because it does not have a substantial preamble, the Coast Guard amends 33 do so. Vessel operators given permission
direct effect on one or more Indian CFR part 165 as follows: to enter or operate in the safety zone
tribes, on the relationship between the must comply with all directions given to
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION them by the COTP or a designated
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS representative. Persons and vessels may
responsibilities between the Federal request permission to enter the safety
Government and Indian tribes. If you ■ 1. The authority citation for part 165
zone on VHF–23A or through the 24-
believe this rule has implications for continues to read as follows:
hour Command Center at telephone
federalism or Indian tribes, please Authority: 33 U.S.C 1231; 50 U.S.C. 191; (415) 399–3547.
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation Dated: June 27, 2018.
FURTHER INFORMATION CONTACT section
above. No. 0170.1. Anthony J. Ceraolo,
■ 2. Add § 165.T11–938 to read as Captain, U.S. Coast Guard, Captain of the
E. Unfunded Mandates Reform Act Port, San Francisco.
follows:
The Unfunded Mandates Reform Act [FR Doc. 2018–14269 Filed 7–2–18; 8:45 am]
of 1995 (2 U.S.C. 1531–1538) requires § 165.T11–938 Safety Zone; City of Benicia BILLING CODE 9110–04–P
Federal agencies to assess the effects of 4th of July Fireworks Display, Carquinez
their discretionary regulatory actions. In Strait, Benicia, CA.
particular, the Act addresses actions (a) Location. The following area is a DEPARTMENT OF HOMELAND
that may result in the expenditure by a safety zone: all navigable waters of San SECURITY
State, local, or tribal government, in the Francisco Bay within 100 feet of the
aggregate, or by the private sector of fireworks barge during loading at Pier Coast Guard
$100,000,000 (adjusted for inflation) or 50, as well as transit and arrival to
more in any one year. Though this rule launching location in Carquinez Strait, 33 CFR Part 165
will not result in such expenditure, we Benicia, CA. From 9:00 a.m. until [Docket Number USCG–2018–0332]
do discuss the effects of this rule approximately 2:00 p.m. on July 4, 2018,
the fireworks barge will be loading at RIN 1625–AA00
elsewhere in this preamble.
Pier 50, San Francisco, CA. The safety
F. Environment zone will expand to all navigable waters Safety Zone; Lower Tchefuncte River,
sradovich on DSK3GMQ082PROD with RULES
We have analyzed this rule under around and under the firework barge Madisonville, LA
Department of Homeland Security within a radius of 1,000 feet in AGENCY: Coast Guard, DHS.
Management Directive 023–01 and approximate positions 38°02′49″ N, ACTION: Temporary final rule.
Commandant Instruction M16475.1D, 122°10′02″ W (NAD 83), 30 minutes
which guide the Coast Guard in prior to the start of the 20-minute SUMMARY: The Coast Guard is
complying with the National fireworks display, scheduled to begin at establishing a temporary safety zone for
Environmental Policy Act of 1969 (42 9:30 p.m. on July 4, 2018. certain navigable waters of the
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![31054 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
Ombudsman evaluates these actions National Environmental Policy Act of the Port Sector New Orleans (COTP) or
annually and rates each agency’s 1969 (42 U.S.C. 4321–4370f), and have designated representative. A designated
responsiveness to small business. If you determined that this action is one of a representative is a commissioned,
wish to comment on actions by category of actions that do not warrant, or petty officer of the U.S.
employees of the Coast Guard, call 1– individually or cumulatively have a Coast Guard assigned to units under the
888–REG–FAIR (1–888–734–3247). The significant effect on the human operational control of USCG Sector New
Coast Guard will not retaliate against environment. This proposed rule Orleans.
small entities that question or complain involves a safety zone lasting one hour (2) Vessels requiring entry into this
about this rule or any policy or action that would prohibit entry within a 100- safety zone must request permission
of the Coast Guard. yard radius of a barge at approximate from the COTP or a designated
position of 30°24′11.63″ N, representative. They may be contacted
C. Collection of Information
090°09′17.39″ W, on the Tchefuncte on VHF–FM Channel 16 or 67 or by
This rule will not call for a new River. It is categorically excluded from telephone at (504) 365–2200.
collection of information under the further review under paragraph L60(a) (3) Persons and vessels permitted to
Paperwork Reduction Act of 1995 (44 of Appendix A, Table 1 of DHS enter this safety zone must transit at
U.S.C. 3501–3520). Instruction Manual 023–01–001–01, their slowest safe speed and comply
D. Federalism and Indian Tribal Rev. 01. A Record of Environmental with all lawful directions issued by the
Governments Consideration supporting this COTP or the designated representative.
determination is available in the docket (d) Information broadcasts. The COTP
A rule has implications for federalism where indicated under ADDRESSES. or a designated representative will
under Executive Order 13132, inform the public through Broadcast
Federalism, if it has a substantial direct G. Protest Activities
Notices to Mariners of any changes in
effect on the States, on the relationship The Coast Guard respects the First the planned schedule.
between the national government and Amendment rights of protesters.
the States, or on the distribution of Dated: June 27, 2018.
Protesters are asked to contact the
power and responsibilities among the K.M. Luttrell,
person listed in the FOR FURTHER
various levels of government. We have INFORMATION CONTACT section to Captain, U.S. Coast Guard, Captain of the
analyzed this rule under that Order and Port Sector New Orleans.
coordinate protest activities so that your
have determined that it is consistent message can be received without [FR Doc. 2018–14243 Filed 7–2–18; 8:45 am]
with the fundamental federalism jeopardizing the safety or security of BILLING CODE 9110–04–P
principles and preemption requirements people, places or vessels.
described in Executive Order 13132.
Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 DEPARTMENT OF HOMELAND
implications under Executive Order Harbors, Marine safety, Navigation SECURITY
13175, Consultation and Coordination (water), Reporting and recordkeeping
with Indian Tribal Governments, requirements, Security measures, Coast Guard
because it does not have a substantial Waterways.
direct effect on one or more Indian 33 CFR Part 165
For the reasons discussed in the
tribes, on the relationship between the preamble, the Coast Guard amends 33 [Docket No. USCG–2018–0621]
Federal Government and Indian tribes, CFR part 165 as follows:
or on the distribution of power and RIN 1625–AA00
responsibilities between the Federal PART 165—REGULATED NAVIGATION
Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS Safety Zone: Red, White and Tahoe
believe this rule has implications for Blue Fireworks, Incline Village, NV
federalism or Indian tribes, please ■ 1. The authority citation for part 165
AGENCY: Coast Guard, DHS.
contact the person listed in the FOR continues to read as follows:
ACTION: Notice of enforcement of
FURTHER INFORMATION CONTACT section. Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
regulation.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
E. Unfunded Mandates Reform Act Department of Homeland Security Delegation SUMMARY: The Coast Guard will enforce
The Unfunded Mandates Reform Act No. 0170.1.
the safety zone for Red, White and
of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T08–0332 to read as Tahoe Blue Fireworks display in the
Federal agencies to assess the effects of follows: Captain of the Port, San Francisco area
their discretionary regulatory actions. In of responsibility during the dates and
particular, the Act addresses actions § 165.T08–0332 Safety Zone; Tchefuncte
River, New Orleans, LA. times noted below. This action is
that may result in the expenditure by a necessary to ensure the safety of vessels,
State, local, or tribal government, in the (a) Location. The following area is a
spectators and participants from hazards
aggregate, or by the private sector of safety zone: All navigable waters of the
associated with fireworks. During the
$100,000,000 (adjusted for inflation) or Tchefuncte River, 100-yards around a
enforcement period, unauthorized
more in any one year. Though this rule barge at approximate position
persons or vessels are prohibited from
will not result in such an expenditure, 30°24′11.63″ N, 090°09′17.39″ W, in
entering into, transiting through, or
we do discuss the effects of this rule front of the Madisonville Town Hall in
anchoring in the safety zone, unless
elsewhere in this preamble. Madisonville, LA.
sradovich on DSK3GMQ082PROD with RULES
authorized by the Patrol Commander
(b) Effective period. This section is
F. Environment (PATCOM).
effective from 8 p.m. through 9 p.m. on
We have analyzed this rule under July 4, 2018. DATES: The regulations in 33 CFR
Department of Homeland Security (c) Regulations. (1) In accordance with 165.1191, Table 1, Item number 19, will
Directive 023–01 and Commandant the general regulations in § 165.23, entry be enforced from 7:30 a.m. on July 3,
Instruction M16475.1D, which guide the into this zone is prohibited unless 2018 through 10:30 p.m. on July, 4,
Coast Guard in complying with the specifically authorized by the Captain of 2018.
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Document Created: 2018-07-02 23:56:21
Document Modified: 2018-07-02 23:56:21
| 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 July 4, 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 31052 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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