[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Proposed Rules]
[Pages 15705-15709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06846]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1069]
RIN 1625-AA00


Safety Zones Within the Captain of the Port New Orleans Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes temporary safety zones for multiple 
locations and dates within the Captain of the Port New Orleans' zone. 
These safety zones are necessary to protect persons and vessels from 
potential safety hazards associated with fireworks displays on or over 
federal waterways.

[[Page 15706]]

Entry into these zones is prohibited unless specifically authorized by 
the Captain of the Port New Orleans or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 9, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander (LCDR) James Gatz, Sector New 
Orleans, at (504) 365-2281 or <a href="/cdn-cgi/l/email-protection#4208232f27316c016c0523363802373121256c2f2b2e"><span class="__cf_email__" data-cfemail="793318141c0a573a573e180d03390c0a1a1e57141015">[email protected]</span></a>. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
F. Collins, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-1069] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-1069) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    Safety zones are proposed during the following five (5) individual 
marine events:
    (1) New Orleans Navy Week is a single, non-repeating fireworks 
event. This event is scheduled to occur on April 27, 2015, on the Lower 
Mississippi River in New Orleans, Louisiana. The sponsor for this event 
applied for a marine event permit. The permit application is currently 
under review but the Coast Guard believes that additional safety 
measures in the form of a temporary safety zone will be necessary for 
safety of navigation during the event. There is no regulatory history 
for this event.
    (2) The Hosts Global fireworks event is an annually-occurring event 
which occurs in late April on the Lower Mississippi River in New 
Orleans, Louisiana. The sponsor for this event applied for a marine 
event permit. The permit application is currently under review but the 
Coast Guard believes that additional safety measures in the form of a 
temporary safety zone will be necessary for safety of navigation during 
the event. The sponsor applied for the 2014 occurrence of this event 
and the permit was approved. A temporary safety zone was enforced 
through actual notice for the 2014 occurrence.
    (3) The Madisonville 4th of July fireworks display is an annually-
occurring event which occurs on July 4 each year in the Tchefuncta 
River near Madisonville, Louisiana. The sponsor for this event applied 
for a marine event permit. The permit application is currently under 
review but the Coast Guard believes that additional safety measures in 
the form of a temporary safety zone will be necessary for safety of 
navigation during the event. The sponsor for this event applied for a 
marine event permit in 2014 but the event was cancelled by the 
fireworks provider due to short notice on the sponsor's part.
    (4) The Mandeville City Seafood Festival is an annually-occurring 
fireworks event that occurs on July 4 each year at Fountainbleau State 
Park in Mandeville, Louisiana. The sponsor for

[[Page 15707]]

this event applied for a marine event permit. The permit application is 
currently under review but the Coast Guard believes that additional 
safety measures in the form of a temporary safety zone will be 
necessary for safety of navigation during the event. There is no other 
regulatory history for this event.
    (5) The Mandeville Lakefront fireworks show is a single event which 
is scheduled to occur July 4, 2015, in Mandeville, Louisiana. The 
sponsor for this event applied for a marine event permit. The permit 
application is currently under review but the Coast Guard believes that 
additional safety measures in the form of a temporary safety zone will 
be necessary for safety of navigation during the event. There is no 
regulatory history for this event.
    Upon initial review of the details for each of these events, the 
Coast Guard determined that additional safety measures will be 
necessary.

C. Basis and Purpose

    The legal basis and authorities for this rule are found in 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, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    The Coast Guard has determined that temporary safety zones are 
necessary to promote the safety of life on navigable waterways within 
the COTP New Orleans Zone during these events.

D. Discussion of Proposed Rule

    The Coast Guard proposes to establish five temporary safety zones 
within the Captain of the Port (COTP) New Orleans Zone between April 
27, 2015 and July 4, 2015.
    The events to be covered by this proposed rule will be enforced on 
the respective dates listed in the table below.

------------------------------------------------------------------------
       Item No.             Name of event          Date and location
------------------------------------------------------------------------
1.....................  New Orleans Navy Week  Date: April 27, 2015.
                                               Location: the entire
                                                width of the Lower
                                                Mississippi River
                                                between MM 94 and MM 96
                                                Above Head of Passes.
2.....................  Hosts Global.........  Date: April 28, 2015.
                                               Location: the entire
                                                width of the Lower
                                                Mississippi River
                                                between MM 94 and MM 96
                                                Above Head of Passes.
3.....................  Madisonville 4th of    Date: July 4, 2015.
                         July.                 Location: the entire
                                                width of the Tchefuncta
                                                River between the
                                                confluence of the
                                                Tchefuncta River and
                                                Lake Pontchartrain,
                                                extending one mile
                                                north.
4.....................  Mandeville City        Date: July 4, 2015.
                         Seafood Festival.     Location: 350 feet in all
                                                directions from the end
                                                of the Fountainbleau
                                                State Park Pier in Lake
                                                Pontchartrain.
5.....................  Mandeville Lakefront   Date: July 4, 2015.
                         Fireworks.            Location: 350 feet in all
                                                directions from the
                                                fireworks barge, which
                                                will be positioned
                                                offshore of Mandeville,
                                                LA in Lake
                                                Pontchartrain.
------------------------------------------------------------------------

    The COTP New Orleans will inform the public through broadcast 
notices to mariners (BNM) and local notices to mariners (LNM) of the 
enforcement periods for the safety zones as well as any changes in the 
planned schedules. Mariners and other members of the public may also 
contact Coast Guard Sector New Orleans Command Center to inquire about 
the status of the safety zones, at (504) 365-2200.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. These temporary safety 
zones will restrict navigation on the Lower Mississippi River in the 
vicinity of New Orleans, Louisiana, the southern end of the Tchefuncta 
River near Madisonville, Louisiana, and Lake Pontchartrain in vicinity 
of Mandeville, Louisiana. No safety zone will be established for longer 
than one hour. Due to the limited scope and short duration of each 
temporary safety zone, the impacts on routine navigation are expected 
to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit the following waterways on the listed dates: The 
Lower Mississippi River in New Orleans, Louisiana on April 27, 2015 and 
April 28, 2015; the Tchefuncta River near Madisonville, Louisiana on 
July 4, 2015, and the north shore of Lake Pontchartrain in the vicinity 
of Mandeville, LA on July 4, 2015. 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 because it is limited 
in scope and each temporary safety zone will only be in effect for 
approximately one hour on one day. Before enforcement, COTP New Orleans 
will issue maritime advisories widely available to users of the 
impacted waterways and will make notifications to the public through 
marine band radio when the temporary safety zones are being enforced. 
Additionally, deviation from this rule may be requested and will be 
considered on a case by case basis by COTP New Orleans or a COTP New 
Orleans designated representative.

[[Page 15708]]

    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.

3. Assistance for Small Entities

    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, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (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 temporary safety zones in the Lower Mississippi 
River, Tchefuncta River, and Lake Pontchartrain. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are 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.

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. A new temporary Sec.  165.T08-1069 is added to read as follows:


Sec.  165.T08-1069  Safety Zones, Captain of the Port New Orleans Zone, 
LA.

    (a) Locations. The following areas are safety zones:
    (1) All waters of the Lower Mississippi River from mile marker 94 
to mile marker 96 above Head of Passes, New Orleans, LA. This location 
will be used for the New Orleans Navy Week and Hosts Global events.
    (2) All waters of the Tchefuncta River from the confluence of the 
Tchefuncta River and Lake Pontchartrain, extending one mile north into 
the Tchefuncta River, Madisonville, LA. This location will be used for 
the Madisonville Fourth of July event.
    (3) All waters of Lake Pontchartrain extending 350 feet in all 
directions from the end of the Fountainbleau State Park Pier in 
Mandeville, LA. This location will be used for the Mandeville City 
Seafood Festival.

[[Page 15709]]

    (4) All waters of Lake Pontchartrain extending 350 feet in all 
directions from a fireworks barge located offshore of Mandeville, LA. 
This location will be used for the Mandeville Lakefront Fireworks 
event.
    (b) Effective Dates and Enforcement Periods. This rule is effective 
during five individual events occurring on four separate dates from 
April 27, 2015 through July 4, 2015. The temporary safety zones will be 
enforced during the following dates and times:
    (1) April 27, 2015, in the evening for one hour or less in the 
location noted in section a.1.
    (2) April 28, 2015, in the evening for one hour or less in the 
location noted in section a.1.
    (3) July 4, 2015, in the evening for one hour or less in the 
location noted in section a.2.
    (4) July 4, 2015, in the evening for one hour or less the locations 
noted in section a.3 and a.4.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into these zones is prohibited unless specifically 
authorized by the Captain of the Port (COTP) New Orleans or designated 
personnel. Designated personnel include commissioned, warrant and petty 
officers of the U.S. Coast Guard assigned to units under the 
operational control of Sector New Orleans.
    (2) Persons and vessels requiring deviation from this rule must 
request permission from the COTP New Orleans or a COTP New Orleans 
designated representative. They may be contacted on VHF-FM Channel 16 
or 67, or through Coast Guard Sector New Orleans at 504-365-2200.
    (3) Persons and vessels permitted to deviate from this rule must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP New Orleans or designated representative.
    (d) Information Broadcasts. The COTP New Orleans or a COTP New 
Orleans designated representative will inform the public through 
broadcast notices to mariners of the enforcement period for the safety 
zones as well as any changes in the planned schedule.

    Dated: March 4, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard Captain of the Port New Orleans.
[FR Doc. 2015-06846 Filed 3-24-15; 8:45 a.m.]
BILLING CODE 9110-04-P


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