[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Rules and Regulations]
[Pages 63086-63088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25804]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0873]
RIN 1625-AA00


Great Mississippi Balloon Race and Fireworks Safety Zone; Lower 
Mississippi River, Mile Marker 365.5 to Mile Marker 363, Natchez, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Lower Mississippi River from mile marker 365.5 to 363 
extending the entire width of the river. This safety zone is needed to 
protect persons and vessels from the potential safety hazards 
associated with a fireworks display and low flying hot air balloons 
transiting across the Lower Mississippi River. Entry into this zone is 
prohibited to all vessels, mariners, and persons unless specifically 
authorized by the Captain of the Port (COTP) Lower Mississippi River or 
a designated representative. The COTP Lower Mississippi River or a 
designated representative must authorize vessels that desire to operate 
in this zone.

DATES: This rule is effective from 7:15 p.m. on October 15, 2010, until 
6 p.m. on October 16, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0873 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0873 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant Junior Grade Jason Erickson, 
Coast Guard; telephone 901-521-4753, e-mail [email protected]. 
If you have questions on viewing the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 63087]]

Regulatory Information

    The Coast Guard is issuing this temporary final 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)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Publishing an NPRM would be impracticable in 
this situation because immediate action is needed to protect the 
participants in the fireworks display, spectators, and mariners from 
the safety hazards associated with a fireworks display and low flying 
hot air balloons transiting over a confined waterway.
    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. This is because immediate action 
is needed to protect the participants in the fireworks display, 
spectators, and mariners from the safety hazards associated with a 
fireworks display and low flying hot air balloons transiting over a 
confined waterway.

Basis and Purpose

    On September 13, 2010, the Coast Guard received an Application for 
Approval of Marine Event for a fireworks display and a hot air balloon 
race on the Lower Mississippi River. This safety zone is needed to 
protect participants, spectators, and other mariners from the possible 
hazards associated with a fireworks show and hot air balloon race 
taking place on the Lower Mississippi River. The fallout zone extends 
into the navigable channel of the river.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for the 
Mississippi River, extending from mile marker 363 to mile marker 365.5. 
Entry into this zone is prohibited unless specifically authorized by 
the Captain of the Port Lower Mississippi River or a designated 
representative.
    The Captain of the Port may be contacted by telephone at (901) 521-
4822. This rule will be enforced from 7:15 p.m. until 8:45 p.m., local 
time, on October 15, 2010 and from 4:15 p.m. until 6 p.m., local time, 
on October 16, 2010.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    This regulation will only be in effect for a short period of time 
on both days and notifications to the marine community will be made 
through broadcast notice to mariners. The impacts on routine navigation 
are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit the Lower Mississippi River between mile marker 363 and mile 
marker 365.5, effective from 7:15 p.m. to 8:45 p.m., local time, on 
October 15, 2010 and 4:15 p.m. to 6 p.m., local time, on October 16, 
2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities because this rule will only be in 
effect for two hours on each day the event is occurring. In addition, 
the common vessel traffic in this area is limited almost entirely to 
recreational vessels and commercial towing vessels.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and

[[Page 63088]]

Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This 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.

Protection of Children

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

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves a fireworks display that is not 
expected to result in any significant adverse environmental impact as 
described in NEPA.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary Sec.  165.T08-0873 is added to read as follows:


Sec.  165.T08-0873  Great Mississippi Balloon Race and Fireworks Safety 
Zone; the Mississippi River, extending from mile marker 363 to mile 
marker 365.5, in the vicinity of Natchez, MS.

    (a) Location. The following area is a safety zone: those waters of 
the Lower Mississippi River, beginning at mile marker 363 and ending at 
mile marker 365.5, extending the entire width of the river.
    (b) Enforcement Period. This section will be enforced from 7:15 
p.m. to 8:45 p.m., local time, on October 15, 2010 and from 4:15 p.m. 
to 6 p.m., local time, on October 16, 2010.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Lower Mississippi River or a 
designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Lower 
Mississippi River or a designated representative. They may be contacted 
on VHF-FM channels 16 or by telephone at (901) 521-4822.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Lower Mississippi River and designated 
personnel. Designated personnel include commissioned, warrant, and 
petty officers of the U.S. Coast Guard.
    (d) Informational Broadcasts. The Captain of the Port, Lower 
Mississippi River will inform the public when safety zones have been 
established via Broadcast Notice to Mariners.

    Dated: September 16, 2010.
Michael Gardiner,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2010-25804 Filed 10-13-10; 8:45 am]
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