[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Proposed Rules]
[Pages 28175-28177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13025]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0372]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 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 permanent safety zone 
for the navigable waters of the Lower Mississippi River between mile 
marker (MM) 94 and MM 97, above Head of Passes. This zone is necessary 
to provide for the safety of life on these navigable waters during 
firework displays. This proposed rulemaking would prohibit vessels from 
entering the safety zone before, during, and after the firework 
displays unless authorized by the Captain of the Port Sector New 
Orleans or a designated representative. This proposed safety zone would 
be enforced only as necessary by the Captain of the Port Sector New 
Orleans (COTP) through a Notice of Enforcement published in the Federal 
Register and announced through Vessel Traffic Service Advisories, 
Broadcast Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), 
and/or Marine Safety Information Bulletins (MSIBs) as appropriate. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 18, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0372 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 504-365-2231, 
email <a href="/cdn-cgi/l/email-protection#95d7f0fbfff4f8fcfbbbc5bbd8fae7f2f4fbd5e0e6f6f2bbf8fcf9"><span class="__cf_email__" data-cfemail="f5b7909b9f94989c9bdba5dbb89a8792949bb580869692db989c99">[email protected]</span></a>.

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

    The Coast Guard Captain of the Port Sector New Orleans (COTP) 
proposes to establish a permanent safety zone on the Lower Mississippi 
River in order to better provide for the safety of life on navigable 
waters during firework displays. The COTP has determined that a large 
and increasing volume of the firework displays occurring within Sector 
New Orleans' area of responsibility take place at locations between 
mile markers (MMs) 94 and 97 above Head of Passes on the Lower 
Mississippi River. Many of these events recur annually and are listed 
in Table 5 of 33 CFR 165.801 titled Sector New Orleans Annual and 
Recurring Safety Zones. However, a substantial and increasing number of 
these firework displays are one-time events associated with 
conventions, weddings, festivals, etc. By creating a permanent safety 
zone that can be enforced through a notice of enforcement, the COTP 
would be able to more efficiently provide for the safety of life.
    This notice of proposed rulemaking (NPRM) would reduce 
administrative costs associated with issuing separate proposed rules 
for each individual recurring safety zone. The number of one-time 
firework displays occurring in this three-mile stretch of the Lower 
Mississippi River has increased from approximately 6 or 7 events in the 
years 2016 and 2017, up to approximately 11 events by April of 2018. In 
addition, the Coast Guard has not received any comments, objections, or 
complaints for the previous 22 safety zones established over the past 
three years. Although the COTP expects the number of firework displays 
to increase each year, neither the COTP nor this proposed rule control 
the number of one-time firework displays occurring in any given year. 
Finally, due to the limited duration of each waterway closure 
associated with these firework displays, there is very little, if any, 
impact to vessel traffic on these waters of the Lower Mississippi 
River. Moreover, the proposed rule would allow vessels to seek 
permission to enter the safety zone on a case-by-case basis from the 
COTP or a designated representative.
    The COTP proposes this permanent safety zone in order to balance 
the administrative burden and the needs of the public. The purpose of 
this rulemaking is to ensure the safety of life on these navigable 
waters within this three-mile segment of the Lower Mississippi River 
before, during, and after firework displays. Potential hazards 
associated with firework displays include the accidental discharge of 
fireworks, dangerous projectiles, and falling embers or other debris. 
This safety zone covers a three-mile stretch of the river that includes 
several launching locations where firework displays are most commonly 
located. However, the COTP has determined that potential hazards 
associated with each individual fireworks display is a safety concern 
for vessels navigating within a one-mile stretch of the Lower 
Mississippi River around a particular launch location. 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 permanent safety zone between mile 
marker (MM) 94 and MM 97 on the Lower Mississippi River. While this 
zone would encompass a three-mile section of the waterway, the COTP 
would limit the enforcement of the zone only to the areas necessary for 
the protection of life on these navigable waters before, during, and 
after the fireworks. 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 means any Coast 
Guard commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector New 
Orleans. Persons and vessels requiring entry into this proposed safety 
zone must request permission from the COTP or a

[[Page 28176]]

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 the proposed safety zone must transit at their slowest safe 
speed and comply with all lawful directions issued by the COTP or the 
designated representative.
    In accordance with 33 CFR 165.7, for each enforcement of the safety 
zone established under this proposed rule, the COTP would publish a 
notice of enforcement in the Federal Register as early as is 
practicable. The COTP or a designated representative would inform the 
public of the enforcement area and period of this safety zone through 
Vessel Traffic Service Advisories, Broadcast Notices to Mariners 
(BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (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, 
duration, and location of the safety zone. While this zone would be 
permanent, it would only be enforced on an as needed basis to better 
regulate marine events in the area. This typically encompasses one-hour 
operations for a one-mile portion of the waterway.

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.
    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 establishing a permanent 
safety zone on 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

[[Page 28177]]

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 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.  165.845 to read as follows:


Sec.  165.845  Safety Zone; Lower Mississippi River, mile markers 94 to 
97 above Head of Passes, New Orleans, LA

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River, New Orleans, LA from mile marker 
(MM) 94 to MM 97 above Head of Passes.
    (b) Enforcement period. The safety zone established by this section 
will be enforced only upon notice of the Captain of the Port Sector New 
Orleans (COTP). In accordance with 33 CFR 165.7, for each enforcement 
of the safety zone established under this section, the COTP will 
publish a notice of enforcement in the Federal Register as early as is 
practicable. In addition, the COTP will also inform the public of the 
enforcement area and times of this section as indicated in paragraph 
(d) Information broadcasts.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited to all vessels and 
persons except vessels authorized by the COTP or designated 
representative. A designated representative means any Coast Guard 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of Sector New Orleans.
    (2) Persons and 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 period of this safety zone 
through Vessel Traffic Service Advisories, Broadcast Notices to 
Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (MSIBs) as appropriate.

    Dated: June 11, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-13025 Filed 6-15-18; 8:45 am]
BILLING CODE 9110-04-P


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