83 FR 4013 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 19 (January 29, 2018)

Page Range		4013-4015
FR Document		2018-01631

The Coast Guard proposes to establish a temporary safety zone for all navigable waters on the Lower Mississippi River above Head of Passes between Mile Marker (MM) 95.0 and MM 96.0. This safety zone is necessary to protect persons and vessels from potential safety hazards associated with a fireworks display on April 14, 2018. This proposed rulemaking would prohibit persons and vessels from entering 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 19 (Monday, January 29, 2018)

[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Proposed Rules]
[Pages 4013-4015]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01631]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR 165

[Docket Number USCG-2017-1068]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for all navigable waters on the Lower Mississippi River above Head of 
Passes between Mile Marker (MM) 95.0 and MM 96.0. This safety zone is 
necessary to protect persons and vessels from potential safety hazards 
associated with a fireworks display on April 14, 2018. This proposed 
rulemaking would prohibit persons and vessels from entering 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 February 28, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1068 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 (LCDR) Howard 
Vacco, Sector New Orleans, US Coast Guard at (504) 365-2281 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AHP Above Head of Passes
BNM Broadcast Notice of Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM Mile Marker
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 14, 2017, the 2018 NOLA Foundation notified the Coast 
Guard that it would be conducting a fireworks display from 8 p.m. to 
8:20 p.m. on April 14, 2018, to commemorate the tri-centennial 
anniversary of the French Quarter Fest. The fireworks are to be 
launched from a barge in the Mississippi River approximately located at 
mile marker (MM) 95.5 Above Head of Passes (AHP). Hazards from firework 
displays include accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. The Captain of the 
Port Sector New Orleans (COTP) has determined that potential hazards 
associated with the fireworks would be a safety concern for anyone 
within a one-mile length of the river.
    The purpose of this rulemaking is to ensure the safety of vessels 
on the navigable waters within a one-mile range of the fireworks barge 
before, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 7:30 p.m. to 9 
p.m. on April 14, 2018. The safety zone would cover all navigable 
waters of the Lower Mississippi River between MM 95 and 96AHP. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 
fireworks display. No vessel or person would be permitted to enter the 
safety

[[Page 4014]]

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. They may be contacted 
on VHF-FM Channel 16 or 67. Persons and vessels permitted to enter 
these safety zones must transit at their slowest safe speed and comply 
with all lawful directions issued by the COTP or the designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and short 
duration of the waterway closure, which will remain in effect for one 
and one half hours on a one mile section of the waterway. 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 
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, which guides 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 an hour and a half that would prohibit 
entry within a one mile section of the Lower Mississippi River. 
Normally such actions are categorically excluded from further review 
under paragraph L60(a) and L63(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

[[Page 4015]]

outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-1068 to read as follows:


Sec.  165.T08-1068  Safety Zones; Lower Mississippi River, New Orleans, 
LA.

    (a) Safety zones. The following area is a safety zone:
    (1) NOLA Tricentennial French Quarter Fest, New Orleans, LA--(i) 
Location. All navigable waters of the Lower Mississippi River between 
mile marker (MM) 95 and MM 96, above Head of Passes.
    (ii) Effective period. This section is effective from 7:30 p.m. 
through 9 p.m. on April 14, 2018.
    (2) [Reserved]
    (b) 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.
    (c) 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: January 22, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2018-01631 Filed 1-26-18; 8:45 am]
 BILLING CODE 9110-04-P

4014 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Proposed Rules

zone without obtaining permission from have a significant economic impact on implications for federalism or Indian
the COTP or a designated a substantial number of small entities. tribes, please contact the person listed
representative. A designated While some owners or operators of in the FOR FURTHER INFORMATION
representative is a commissioned, vessels intending to transit the safety CONTACT section.
warrant, or petty officer of the U.S. zone may be small entities, for the
reasons stated in section IV.A above, E. Unfunded Mandates Reform Act
Coast Guard assigned to units under the
operational control of USCG Sector New this proposed rule would not have a The Unfunded Mandates Reform Act
Orleans. They may be contacted on significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
VHF–FM Channel 16 or 67. Persons and vessel owner or operator. Federal agencies to assess the effects of
vessels permitted to enter these safety If you think that your business, their discretionary regulatory actions. In
zones must transit at their slowest safe organization, or governmental particular, the Act addresses actions
speed and comply with all lawful jurisdiction qualifies as a small entity that may result in the expenditure by a
directions issued by the COTP or the and that this rule would have a State, local, or tribal government, in the
designated representative. The significant economic impact on it, aggregate, or by the private sector of
regulatory text we are proposing appears please submit a comment (see $100,000,000 (adjusted for inflation) or
at the end of this document. ADDRESSES) explaining why you think it more in any one year. Though this
qualifies and how and to what degree proposed rule would not result in such
IV. Regulatory Analyses this rule would economically affect it. an expenditure, we do discuss the
We developed this proposed rule after Under section 213(a) of the Small effects of this rule elsewhere in this
considering numerous statutes and Business Regulatory Enforcement preamble.
Executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in F. Environment
Below we summarize our analyses
based on a number of these statutes and understanding this proposed rule. If the We have analyzed this proposed rule
Executive orders and we discuss First rule would affect your small business, under Department of Homeland
Amendment rights of protestors. organization, or governmental Security Directive 023–01, which guides
jurisdiction and you have questions the Coast Guard in complying with the
A. Regulatory Planning and Review concerning its provisions or options for National Environmental Policy Act of
compliance, please contact the person 1969 (42 U.S.C. 4321–4370f), and have
Executive Orders 12866 and 13563
listed in the FOR FURTHER INFORMATION made a preliminary determination that
direct agencies to assess the costs and
CONTACT section. The Coast Guard will this action is one of a category of actions
benefits of available regulatory
not retaliate against small entities that that do not individually or cumulatively
alternatives and, if regulation is
question or complain about this have a significant effect on the human
necessary, to select regulatory
proposed rule or any policy or action of environment. This proposed rule
approaches that maximize net benefits.
the Coast Guard. involves a safety zone lasting an hour
Executive Order 13771 directs agencies
and a half that would prohibit entry
to control regulatory costs through a C. Collection of Information within a one mile section of the Lower
budgeting process. This NPRM has not This proposed rule would not call for Mississippi River. Normally such
been designated a ‘‘significant a new collection of information under actions are categorically excluded from
regulatory action,’’ under Executive the Paperwork Reduction Act of 1995 further review under paragraph L60(a)
Order 12866. Accordingly, the NPRM (44 U.S.C. 3501–3520). and L63(a) of Appendix A, Table 1 of
has not been reviewed by the Office of
D. Federalism and Indian Tribal DHS Instruction Manual 023–01–001–
Management and Budget (OMB), and
Governments 01, Rev. 01. A preliminary Record of
pursuant to OMB guidance it is exempt
Environmental Consideration
from the requirements of Executive A rule has implications for federalism supporting this determination is
Order 13771. under Executive Order 13132, available in the docket where indicated
This regulatory action determination Federalism, if it has a substantial direct under ADDRESSES. We seek any
is based on the size and short duration effect on the States, on the relationship comments or information that may lead
of the waterway closure, which will between the national government and to the discovery of a significant
remain in effect for one and one half the States, or on the distribution of environmental impact from this
hours on a one mile section of the power and responsibilities among the proposed rule.
waterway. In addition, vessel traffic various levels of government. We have
seeking to transit the area may seek analyzed this proposed rule under that G. Protest Activities
permission from the COTP or his Order and have determined that it is The Coast Guard respects the First
designated representative to do so. consistent with the fundamental Amendment rights of protesters.
B. Impact on Small Entities federalism principles and preemption Protesters are asked to contact the
requirements described in Executive person listed in the FOR FURTHER
The Regulatory Flexibility Act of Order 13132. INFORMATION CONTACT section to
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have coordinate protest activities so that your
requires Federal agencies to consider tribal implications under Executive message can be received without
the potential impact of regulations on Order 13175, Consultation and jeopardizing the safety or security of
small entities during rulemaking. The Coordination with Indian Tribal
sradovich on DSK3GMQ082PROD with PROPOSALS

people, places, or vessels.
term ‘‘small entities’’ comprises small Governments, because it would not have
businesses, not-for-profit organizations a substantial direct effect on one or V. Public Participation and Request for
that are independently owned and more Indian tribes, on the relationship Comments
operated and are not dominant in their between the Federal Government and We view public participation as
fields, and governmental jurisdictions Indian tribes, or on the distribution of essential to effective rulemaking, and
with populations of less than 50,000. power and responsibilities between the will consider all comments and material
The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. received during the comment period.
605(b) that this proposed rule would not If you believe this proposed rule has Your comment can help shape the

VerDate Sep<11>2014 16:59 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\29JAP1.SGM 29JAP1

Document Created: 2018-01-27 00:57:49
Document Modified: 2018-01-27 00:57:49

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 February 28, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, US Coast Guard at (504) 365-2281 or [email protected]
FR Citation		83 FR 4013
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 4013 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 19 (January 29, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard