83 FR 31055 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range		31055-31057
FR Document		2018-14245

The Coast Guard is establishing a temporary safety zone for navigable waters of the Lower Mississippi River between mile markers (MM) 95.7 and MM 96.7 above Head of Passes in New Orleans, LA. The safety zone is necessary 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 specifically authorized by the Captain of the Port Sector New Orleans or a designated representative.

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)

[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31055-31057]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14245]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0606]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Lower Mississippi River between mile markers 
(MM) 95.7 and MM 96.7 above Head of Passes in New Orleans, LA. The 
safety zone is necessary 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 
specifically 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 
12, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0606 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
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 It is 
impracticable to publish an NPRM because we must establish this safety 
zone by July 12, 2018 and lack sufficient time to provide a reasonable 
comment period and then consider those comments before issuing the 
rule.
    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 would be contrary to the public interest because immediate 
action is necessary to respond to potential 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 12, 
2018, will be a safety concern for anyone within a one-mile stretch of 
the Lower Mississippi River. This rule is necessary to protect persons, 
vessels, and the marine environment in the navigable waterway 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 12, 2018. The safety zone will cover all 
navigable waters of the Lower Mississippi River between mile marker 
(MM) 95.7 and MM 96.7, above Head of Passes. The duration of the zone 
is intended to protect persons, vessels, and the marine environment in 
these navigable waters while the fireworks

[[Page 31056]]

display is being set up and launched. 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 
Bulletins (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 safety 
zone will restrict traffic on a one-mile portion of the Lower 
Mississippi River for one hour on one evening. Moreover, the Coast 
Guard will issue a Broadcast Notice to Mariners 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 the 
temporary 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 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 safety zone lasting only one hour that will prohibit entry between 
mile marker (MM) 95.7 and MM 96.7 on the Lower Mississippi River, above 
Head of Passes, before, during and after a fireworks display. 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.

[[Page 31057]]

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.T08-0606 to read as follows:


Sec.  165.T08-0606   Safety Zone; Lower Mississippi River, New Orleans, 
LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of Lower Mississippi River between mile marker (MM) 95.7 and MM 
96.7, near New Orleans, LA.
    (b) Effective period. This section is effective from 8:45 p.m. 
through 9:45 p.m. on July 12, 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 Bulletins (MSIBs) 
as appropriate.

    Dated: June 25, 2018.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-14245 Filed 7-2-18; 8:45 am]
 BILLING CODE 9110-04-P

31056 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations

display is being set up and launched. B. Impact on Small Entities power and responsibilities among the
No vessel or person will be permitted to The Regulatory Flexibility Act of various levels of government. We have
enter the safety zone without obtaining 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and
permission from the COTP or a requires Federal agencies to consider have determined that it is consistent
designated representative. A designated the potential impact of regulations on with the fundamental federalism
representative is a commissioned, small entities during rulemaking. The principles and preemption requirements
warrant, or petty officer of the U.S. described in Executive Order 13132.
term ‘‘small entities’’ comprises small
Coast Guard assigned to units under the Also, this rule does not have tribal
businesses, not-for-profit organizations
operational control of USCG Sector New implications under Executive Order
that are independently owned and 13175, Consultation and Coordination
Orleans. operated and are not dominant in their with Indian Tribal Governments,
Vessels requiring entry into this safety fields, and governmental jurisdictions because it does not have a substantial
zone must request permission from the with populations of less than 50,000. direct effect on one or more Indian
COTP or a designated representative. The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
They may be contacted on VHF–FM 605(b) that this rule will not have a Federal Government and Indian tribes,
Channel 16 or 67 or by telephone at significant economic impact on a or on the distribution of power and
(504) 365–2200. Persons and vessels substantial number of small entities. responsibilities between the Federal
permitted to enter this safety zone must While some owners or operators of Government and Indian tribes. If you
transit at their slowest safe speed and vessels intending to transit the believe this rule has implications for
comply with all lawful directions issued temporary safety zone may be small federalism or Indian tribes, please
by the COTP or the designated entities, for the reasons stated in section contact the person listed in the FOR
representative. The COTP or a V.A above, this rule will not have a FURTHER INFORMATION CONTACT section
designated representative will inform significant economic impact on any above.
the public of the enforcement times and vessel owner or operator.
date for this safety zone through Under section 213(a) of the Small E. Unfunded Mandates Reform Act
Broadcast Notices to Mariners (BNMs), Business Regulatory Enforcement The Unfunded Mandates Reform Act
Local Notices to Mariners (LNMs), and/ Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
or Marine Safety Information Bulletins we want to assist small entities in Federal agencies to assess the effects of
(MSIBs) as appropriate. understanding this rule. If the rule their discretionary regulatory actions. In
would affect your small business, particular, the Act addresses actions
V. Regulatory Analyses
organization, or governmental that may result in the expenditure by a
We developed this rule after jurisdiction and you have questions State, local, or tribal government, in the
considering numerous statutes and concerning its provisions or options for aggregate, or by the private sector of
Executive orders related to rulemaking. compliance, please contact the person $100,000,000 (adjusted for inflation) or
Below we summarize our analyses listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
based on a number of these statutes and CONTACT section. will not result in such an expenditure,
Executive orders, and we discuss First Small businesses may send comments we do discuss the effects of this rule
Amendment rights of protestors. on the actions of Federal employees elsewhere in this preamble.
who enforce, or otherwise determine
A. Regulatory Planning and Review compliance with, Federal regulations to F. Environment
the Small Business and Agriculture We have analyzed this rule under
Executive Orders 12866 and 13563
Regulatory Enforcement Ombudsman Department of Homeland Security
direct agencies to assess the costs and
and the Regional Small Business Directive 023–01 and Commandant
benefits of available regulatory
Regulatory Fairness Boards. The Instruction M16475.1D, which guide the
alternatives and, if regulation is
Ombudsman evaluates these actions Coast Guard in complying with the
necessary, to select regulatory
annually and rates each agency’s National Environmental Policy Act of
approaches that maximize net benefits.
responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have
Executive Order 13771 directs agencies
wish to comment on actions by determined that this action is one of a
to control regulatory costs through a
employees of the Coast Guard, call 1– category of actions that do not
budgeting process. This rule has not
888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a
been designated a ‘‘significant
Coast Guard will not retaliate against significant effect on the human
regulatory action,’’ under Executive
small entities that question or complain environment. This rule involves a safety
Order 12866. Accordingly, this rule has
about this rule or any policy or action zone lasting only one hour that will
not been reviewed by the Office of
of the Coast Guard. prohibit entry between mile marker
Management and Budget (OMB), and
(MM) 95.7 and MM 96.7 on the Lower
pursuant to OMB guidance it is exempt C. Collection of Information
Mississippi River, above Head of Passes,
from the requirements of Executive This rule will not call for a new before, during and after a fireworks
Order 13771. collection of information under the display. It is categorically excluded
This regulatory action determination Paperwork Reduction Act of 1995 (44 from further review under paragraph
is based on the size, location, duration, U.S.C. 3501–3520). L(60)a of Appendix A, Table 1 of DHS
and time-of-day of the safety zone. This Instruction Manual 023–01–001–01,
safety zone will restrict traffic on a one- D. Federalism and Indian Tribal
Rev. 01. A Record of Environmental
sradovich on DSK3GMQ082PROD with RULES

mile portion of the Lower Mississippi Governments
Consideration supporting this
River for one hour on one evening. A rule has implications for federalism determination is available in the docket
Moreover, the Coast Guard will issue a under Executive Order 13132, where indicated under ADDRESSES.
Broadcast Notice to Mariners via VHF– Federalism, if it has a substantial direct
FM marine channel 16 about the zone, effect on the States, on the relationship G. Protest Activities
and the rule allows vessels to seek between the national government and The Coast Guard respects the First
permission to enter the zone. the States, or on the distribution of Amendment rights of protesters.

VerDate Sep<11>2014 16:05 Jul 02, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\03JYR1.SGM 03JYR1

Document Created: 2018-07-02 23:55:39
Document Modified: 2018-07-02 23:55:39

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 12, 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 31055
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 31055 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 128 (July 3, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard