83 FR 34092 - Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 139 (July 19, 2018)

Page Range		34092-34094
FR Document		2018-15439

The Coast Guard proposes to establish a temporary safety zone for certain navigable waters of the Lower Mississippi River. This action is necessary to provide for the safety of persons, vessels, and the marine environment on these navigable waters near New Orleans, LA, during a fireworks display on October 6, 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 139 (Thursday, July 19, 2018)

[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Proposed Rules]
[Pages 34092-34094]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15439]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0619]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above 
Head of Passes, 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 Lower Mississippi River. This 
action is necessary to provide for the safety of persons, vessels, and 
the marine environment on these navigable waters near New Orleans, LA, 
during a fireworks display on October 6, 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 August 20, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0619 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 Benjamin 
Morgan, 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 May 9, 2018, Zito Company, LLC notified the Coast Guard that it 
would be conducting a fireworks display from 9 p.m. through 10 p.m. on 
October 6, 2018. The fireworks are to be launched from a barge on the 
Lower Mississippi River at approximate mile marker (MM) 94.5, above 
Head of Passes, off Algiers Point, New Orleans, LA. Hazards from 
firework displays include 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 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 persons, 
vessels, and the marine environment on the navigable waters within a 
one-mile stretch around the fireworks barge before, during, and after 
the scheduled 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 temporary safety zone from 9 p.m. 
through 10 p.m. on October 6, 2018. The safety zone would cover all 
navigable waters of the Lower Mississippi River between MM 94 and MM 
95, above Head of Passes. The duration of the zone is intended to 
ensure the safety of persons, vessels, and the marine environment on 
these navigable waters before, during, and after the scheduled 
fireworks display.
    No vessel or person would be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector New Orleans. Vessels requiring entry 
into this safety zone must request permission from the COTP or a 
designated representative. They may be contacted on VHF-FM Channel 16 
or 67. Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative. The 
COTP or a designated representative would 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. 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 short 
duration of the safety zone, which would impact a one-mile stretch of 
the Lower

[[Page 34093]]

Mississippi River for one hour on one evening. In addition, vessel 
traffic seeking to transit the area may seek permission from the COTP 
or his designated representative to do so.

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 
temporary 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 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 rule 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 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. 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 
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 on one-mile stretch of the Lower Mississippi 
River. 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:

[[Page 34094]]

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.T08-0619 to read as follows:


Sec.  165.T08-0619  Safety Zone; Lower Mississippi River, Mile Markers 
94 to 95, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River between mile marker (MM) 94 and 
MM 95 above Head of Passes, New Orleans, LA.
    (b) Effective period. This rule is effective from 9 p.m. through 10 
p.m. on October 6, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector New Orleans 
(COTP) or designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector New 
Orleans.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public 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: July 12, 2018.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-15439 Filed 7-18-18; 8:45 am]
 BILLING CODE 9110-04-P

34092 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Proposed Rules

(i) A registered professional engineer We invite your comments on this safety zone would cover all navigable
who is a qualified person with respect proposed rulemaking. waters of the Lower Mississippi River
to the equipment: DATES: Comments and related material between MM 94 and MM 95, above
(A) Approves the procedure, must be received by the Coast Guard on Head of Passes. The duration of the zone
modification, addition, or repair, and or before August 20, 2018. is intended to ensure the safety of
specifies the equipment configurations ADDRESSES: You may submit comments persons, vessels, and the marine
to which that approval applies; and identified by docket number USCG– environment on these navigable waters
(B) Modifies load charts, procedures, 2018–0619 using the Federal before, during, and after the scheduled
instruction manuals, and instruction eRulemaking Portal at http:// fireworks display.
plates, tags, and decals, as appropriate. www.regulations.gov. See the ‘‘Public No vessel or person would be
(ii) The employer uses the equipment Participation and Request for permitted to enter the safety zone
in accordance with all of the engineer’s Comments’’ portion of the without obtaining permission from the
specifications and modifications. SUPPLEMENTARY INFORMATION section for
COTP or a designated representative. A
(iii) The original safety factor of the further instructions on submitting designated representative is a
equipment is not reduced below 1.7 for commissioned, warrant, or petty officer
comments.
the structural boom, and 1.25 for of the U.S. Coast Guard assigned to
stability, unless the original safety factor FOR FURTHER INFORMATION CONTACT: If units under the operational control of
is lower. you have questions about this proposed USCG Sector New Orleans. Vessels
(7) Other manufacturer guidance. The rulemaking, call or email Lieutenant requiring entry into this safety zone
requirements to follow the Commander Benjamin Morgan, Sector must request permission from the COTP
manufacturer’s guidance, instructions, New Orleans, U.S. Coast Guard; or a designated representative. They
procedures, prohibitions, limitations, or telephone 504–365–2281, email may be contacted on VHF–FM Channel
specifications, set forth in Benjamin.P.Morgan@uscg.mil. 16 or 67. Persons and vessels permitted
§§ 1926.1404(j), (m), or (q); SUPPLEMENTARY INFORMATION: to enter this safety zone must transit at
1926.1417(a), (r), (u), or (aa); their slowest safe speed and comply
I. Table of Abbreviations
1926.1433(d)(l)(i); or 1926.1441 do not with all lawful directions issued by the
apply when: CFR Code of Federal Regulations COTP or the designated representative.
COTP Captain of the Port Sector New The COTP or a designated
(i) A registered professional engineer Orleans
familiar with the type of equipment representative would inform the public
DHS Department of Homeland Security
involved determines the appropriate FR Federal Register
of the enforcement times and date for
limitations on the equipment in writing; MM Mile marker this safety zone through Broadcast
and NPRM Notice of proposed rulemaking Notices to Mariners (BNMs), Local
(ii) The employer does not exceed § Section Notices to Mariners (LNMs), and/or
those limitations. U.S.C. United States Code Marine Safety Information Broadcasts
(MSIBs) as appropriate. The regulatory
[FR Doc. 2018–15285 Filed 7–18–18; 8:45 am] II. Background, Purpose, and Legal
text we are proposing appears at the end
BILLING CODE 4510–26–P Basis
of this document.
On May 9, 2018, Zito Company, LLC
notified the Coast Guard that it would IV. Regulatory Analyses
DEPARTMENT OF HOMELAND be conducting a fireworks display from We developed this proposed rule after
SECURITY 9 p.m. through 10 p.m. on October 6, considering numerous statutes and
2018. The fireworks are to be launched Executive orders related to rulemaking.
Coast Guard from a barge on the Lower Mississippi Below we summarize our analyses
River at approximate mile marker (MM) based on a number of these statutes and
33 CFR Part 165 94.5, above Head of Passes, off Algiers Executive orders and we discuss First
[Docket Number USCG–2018–0619] Point, New Orleans, LA. Hazards from Amendment rights of protestors.
firework displays include discharge of
RIN 1625–AA00 A. Regulatory Planning and Review
fireworks, dangerous projectiles, and
falling hot embers or other debris. The Executive Orders 12866 and 13563
Safety Zone; Lower Mississippi River,
Captain of the Port Sector New Orleans direct agencies to assess the costs and
Mile Markers 94 to 95 Above Head of
(COTP) has determined that potential benefits of available regulatory
Passes, New Orleans, LA
hazards associated with the fireworks alternatives and, if regulation is
AGENCY: Coast Guard, DHS. display would be a safety concern for necessary, to select regulatory
ACTION: Notice of proposed rulemaking. anyone within a one-mile stretch of the approaches that maximize net benefits.
river. Executive Order 13771 directs agencies
SUMMARY: The Coast Guard proposes to The purpose of this rulemaking is to to control regulatory costs through a
establish a temporary safety zone for ensure the safety of persons, vessels, budgeting process. This NPRM has not
certain navigable waters of the Lower and the marine environment on the been designated a ‘‘significant
Mississippi River. This action is navigable waters within a one-mile regulatory action,’’ under Executive
necessary to provide for the safety of stretch around the fireworks barge Order 12866. Accordingly, the NPRM
persons, vessels, and the marine has not been reviewed by the Office of
sradovich on DSK3GMQ082PROD with PROPOSALS

before, during, and after the scheduled
environment on these navigable waters fireworks display. The Coast Guard Management and Budget (OMB), and
near New Orleans, LA, during a proposes this rulemaking under pursuant to OMB guidance it is exempt
fireworks display on October 6, 2018. authority in 33 U.S.C. 1231. from the requirements of Executive
This proposed rulemaking would Order 13771.
prohibit persons and vessels from being III. Discussion of Proposed Rule This regulatory action determination
in the safety zone unless authorized by The COTP proposes to establish a is based on the size and short duration
the Captain of the Port Sector New temporary safety zone from 9 p.m. of the safety zone, which would impact
Orleans or a designated representative. through 10 p.m. on October 6, 2018. The a one-mile stretch of the Lower

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Document Created: 2018-07-19 01:35:11
Document Modified: 2018-07-19 01:35:11

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 August 20, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]
FR Citation		83 FR 34092
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 34092 - Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 139 (July 19, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard