[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Rules and Regulations]
[Pages 63815-63818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25502]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0780]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile 170 to Mile 172; 
Darrow, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule with request for comments.

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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 170 to mile 
marker 172 extending the entire width of the river, in the vicinity of 
the Houma's House Plantation and Garden, Darrow, LA. This safety zone 
is necessary to protect persons and vessels from potential safety 
hazards associated with a barge based fireworks display on

[[Page 63816]]

the Lower Mississippi River at mile marker 171. 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 and enforceable from 9:00 p.m. to 10:00 
p.m. on November 15, 2014. Comments and related material must be 
received by the Coast Guard on or before November 6, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0780]. 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 Christopher Norton, Coast Guard Marine Safety 
Unit Baton Rouge; telephone (225) 298-5400, email 
[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
BNM Broadcast notice to mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
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-2014-0780] 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-2014-0780] 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).

B. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and 
limited opportunity to comment in accordance with 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 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 
completing the full notice of proposed rulemaking (NPRM) process with 
respect to this rule. The Coast Guard received information about this 
fireworks display on or about August 19, 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's interest to establish this safety zone to protect transiting 
vessels and mariners. This rule provides for a comment period and 
comments received will be reviewed to assist the Coast Guard in future 
rulemakings establishing similar safety zones. Still, completing the 
full NPRM process would be contrary to the public interest by delaying 
the safety measures necessary to protect life and property from the 
possible dangers and hazards associated with a nighttime barge based 
fireworks display on the waterway. This display has also been 
advertised to and planned on by the local community. Delaying this rule 
to complete the full NPRM process would also be impracticable as it 
would 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. 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 (BNM).
    For the same reasons, 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. 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.

[[Page 63817]]

C. Basis and Purpose

    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; 6.04-6, and 160.5; Public Law 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.
    J and M Displays, a company specializing in fireworks displays, 
informed the Coast Guard of a fireworks display sponsored by Houma's 
House Plantation and Garden and planned for November 15, 2014. The 
fireworks will be launched from a barge located at MM 171 on the Lower 
Mississippi River. This display will take place between 9:00 p.m. and 
10:00 p.m. on November 15, 2014 in a high commercial traffic area. 
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 needed to protect the public, 
mariners, and vessels from the hazards associated with a barge based 
fireworks display on and over the waterway.

D. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone on the 
Lower Mississippi River from 9:00 p.m. to 10:00 p.m. on November 15, 
2014. The safety zone will include the entire width of the Lower 
Mississippi River in Darrow, LA from mile marker 170 to mile marker 
172. 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 BNMs 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.

E. 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 170 to MM 
172, for approximately one hour on November 15, 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 170 to MM 172 between 9:00 
p.m. and 10:00 p.m. on November 15, 2014. The Coast Guard certifies 
under 5 U.S.C. 605(b) that this rile will not have a significant 
economic impact on a substantial number of small entities because it is 
limited in scope and enforcement is anticipated to take place for only 
one hour, from 9:00-10:00 p.m. on one day. Before enforcement, COTP New 
Orleans will issue maritime advisories widely available to waterway 
users 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.
    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 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 
INTFORMATION 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

[[Page 63818]]

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 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 rule involves the establishment 
of a temporary safety zone for all waters of the Lower Mississippi 
River from MM 170 to MM 172. 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 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 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.


0
2. A new temporary Sec.  165.T08-0780 is added to read as follows:


Sec.  165.T08-0780  Safety Zone, Lower Mississippi River, Mile 170 to 
Mile 172; Darrow, LA.

    (a) Location. The following area is a safety zone: All waters of 
the Lower Mississippi River from mile marker 170 to mile marker 172, 
Darrow, LA.
    (b) Effective Date and Enforcement Period. This rule is effective 
on November 15, 2014. The safety zone will be enforced from 9:00 p.m. 
until 10:00 p.m. on November 15, 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: September 11, 2014.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2014-25502 Filed 10-24-14; 8:45 am]
BILLING CODE 9110-04-P