[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51485-51487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20537]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0531]
RIN 1625-AA00


Safety Zone, Lower Mississippi River Mile 94.0 to Mile 95.0; New 
Orleans, LA

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 94.0 to mile 
marker 95.0 above head of passes (AHP). This safety zone is necessary 
to protect persons and vessels from potential safety hazards associated 
with a barge based fireworks display in the Lower Mississippi River at 
mile marker 94.4 AHP. Entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) New Orleans 
or a designated representative.

DATES: This rule is effective from 8:15 p.m. to 9:00 p.m. on September 
13, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0531]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

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 [email protected]. 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

AHP Above Head of Passes
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable and 
unnecessary. The Coast Guard received information about this fireworks 
display on or about July 25, 2014. As scheduled, the display would take 
place before the full NPRM process could be completed. Because of the 
dangers presented by an aerial barge based fireworks display taking 
place on and over the waterway, it is in the public interest to 
establish this safety zone to protect transiting vessels and mariners. 
Completing the full NPRM process would delay the establishment of this 
safety zone, which is necessary to protect life and property from the 
possible dangers and hazards associated with a nighttime waterway based 
fireworks display. Delay would also unnecessarily interfere with 
possible contractual obligations. While it is in the public's best 
interest to provide this safety measure, the impacts on navigation are 
expected to be minimal as the safety zone will only be in effect for a 
short duration.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule

[[Page 51486]]

effective less than 30 days after publication in the Federal Register. 
Providing a full 30 days notice is contrary to the public interest as 
it would delay the effectiveness of the safety zone until after the 
planned fireworks event. Immediate action is needed to protect vessels 
and mariners from the safety hazards associated with an aerial 
fireworks display over a waterway. The Coast Guard will notify the 
public and maritime community that the safety zone will be in effect 
and of its enforcement periods via broadcast notices to mariners.

B. Basis and Purpose

    Pyrotecnico, a company specializing in fireworks displays, informed 
the Coast Guard of a fireworks display sponsored by Malena Badon and 
planned for September 13, 2014. The fireworks will be launched from a 
barge located at MM 94.4 AHP on the Lower Mississippi River. This 
display will take place between 8:15 p.m. and 9:00 p.m. on September 
13, 2014 in a high commercial traffic area near a tight river bend. 
Therefore, the Coast Guard has determined that a safety zone is needed 
to ensure safe navigation for all those in the vicinity of the 
fireworks display. This safety zone is established to protect the 
public, mariners, and vessels from the hazards associated with a barge 
based fireworks display on and over the waterway.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 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, and 160.5; Pub. L. 107-295, 116 Stat. 2064; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone on the 
Lower Mississippi River from 8:15 p.m. to 9:00 p.m. on September 13, 
2014. The safety zone will include the entire width of the Lower 
Mississippi River in New Orleans, LA, from MM 94.0 to MM 95.0 AHP. 
Entry into this zone is prohibited unless permission has been granted 
by the COTP New Orleans, or a designated representative.
    The COTP New Orleans will inform the public through broadcast 
notices to mariners of the enforcement period for the safety zone as 
well as any changes in the planned schedule. 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 zone, at (504) 365-
2200.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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. This safety zone will 
restrict navigation on the Lower Mississippi River from MM 94.0 to MM 
95.0 AHP, for approximately forty-five minutes on September 13, 2014. 
Due to the limited scope and short duration of the 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. 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 from MM 94.0 to MM 95.0 AHP between 
8:15 and 9:00 p.m. on September 13, 2014. 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 will only be in effect for approximately forty-
five minutes on one day. Before enforcement, COTP New Orleans will 
issue maritime advisories widely available to users of the river and 
will make notifications to the public through marine band radio when 
the safety zone is 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this 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.
    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.

4. Collection of Information

    This 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 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

[[Page 51487]]

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.

8. 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 Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

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

14. 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 determined 
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 rule involves establishing a temporary safety zone 
for all waters of the Lower Mississippi River from MM 94.0 to MM 95.0 
AHP. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
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 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record-
keeping 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; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04.6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


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2. A new temporary Sec.  165.T08-0531 is added to read as follows:


Sec.  165.T08-0531  Safety Zone, Mississippi River Mile 94-Mile 95; New 
Orleans, LA.

    (a) Location. The following area is a safety zone: All waters of 
the Lower Mississippi River from mile marker 94.0 to mile marker 95.0 
above head of passes, New Orleans, LA.
    (b) Effective Date and Enforcement Period. This rule is effective 
on September 13, 2014. The safety zone will be enforced from 8:15 p.m. 
until 9:00 p.m. on September 13, 2014.
    (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 (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 USCG Sector New Orleans.
    (2) 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 safety zone 
regulation and enter the restricted area 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 
zone as well as any changes in the planned schedule.

    Dated: August 13, 2014.
P. C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2014-20537 Filed 8-28-14; 8:45 am]
BILLING CODE 9110-04-P