[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Rules and Regulations]
[Pages 67065-67068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26753]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0784]
RIN 1625-AA00


Safety Zone; Natchez Specialties New Year's Eve Firework Display, 
Lower Mississippi River, Mile Marker, (MM) 363.5 to 364.5

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 MM 363.5 to MM 364.5. 
This safety zone is needed to protect persons and vessels from the 
potential safety hazards associated with a fireworks display. Entry 
into this zone is prohibited to all vessels, mariners, and persons 
unless specifically

[[Page 67066]]

authorized by the Captain of the Port (COTP), Lower Mississippi River 
or a designated representative.

DATES: This rule is effective from 7:30 p.m. to 8:00 p.m. on December 
31, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0784]. 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 LT Tyrone Conner, Sector Lower Mississippi River 
Waterways Management Division, U.S. Coast Guard; telephone (901) 521-
4725, 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

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and 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.'' While a full 30 days notice is provided, 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. After reviewing the details of the application 
and the fireworks display, the Coast Guard determined that a fireworks 
display taking place over a confined waterway presents certain safety 
hazards requiring additional safety measures. This safety zone is 
needed to protect fireworks display spectators, and other mariners from 
those safety hazards. Delaying or foregoing this safety measure would 
be contrary to the public interest.
    Additionally, this display has been advertised to the local 
community and while the application for this event was not timely 
submitted, we understand that the local community has undertaken 
considerable planning for this event. It would thus be impracticable 
and unnecessary to reschedule or delay the planned event in order to 
complete the full NPRM process. Rescheduling or delaying the event 
would interfere with commercial and contractual obligations.

B. Basis and Purpose

    The legal basis and authority 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 authorizes 
the Coast Guard to establish and define regulatory safety zones. The 
Natchez Specialties New Year's Eve Firework Display is scheduled to 
take place on December 31, 2014 on the Lower Mississippi River MM 
364.0. The introduction of fireworks display into a commercially 
transited waterway poses significant safety hazards to both the 
operators and the commercial vessels.
    The COTP Lower Mississippi River is establishing a temporary safety 
zone for a portion of the Lower Mississippi River from MM 363.5 to MM 
364.5 to safeguard persons and vessels, during the fireworks display. 
The COTP anticipates minimal impact on vessel traffic due to this 
regulation. However, the temporary safety zone is deemed necessary for 
the safeguard of life and property within the COTP Lower Mississippi 
zone.

C. Discussion of the Final Rule

    The Natchez Specialties New Year's Eve Firework Display is 
scheduled to take place on December 31, 2014 on the Lower Mississippi 
River at MM 364.0. The Coast Guard is establishing a temporary safety 
zone to protect life and property from the hazards associated with a 
fireworks display on a commercially transited waterway. This temporary 
safety zone encompasses all waters of the Lower Mississippi River from 
MM 363.5 to MM 364.5. This temporary safety zone is effective from: 
7:30 p.m. to 8:00 p.m. on December 31, 2014. Entry into, transiting or 
anchoring in the safety zone is prohibited unless specifically 
authorized by the COTP Lower Mississippi River or a designated 
representative. Requests for deviation from this restriction should be 
directed to the COTP Lower Mississippi River or designated 
representative. Deviation requests will be considered on a case-by-case 
basis.
    The COTP Lower Mississippi River may be contacted by telephone at 
866-777-2784. The COTP Lower Mississippi River or a designated 
representative will inform the public through broadcast notice to 
mariners of changes in the effective period or planned schedule for 
these restrictions.

D. Regulatory Analyses

    We developed this 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 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.
    The temporary safety zone listed in this rule will only restrict 
vessel traffic from entering, transiting, or anchoring within a small 
portion of the Lower Mississippi River. The effect of this regulation 
will not be significant for several reasons: (1) This rule will only 
affect vessel traffic for a short duration; (2) vessels may request 
permission from the COTP to deviate from the restriction and transit 
through the safety zone; and (3) the impacts on routine navigation are 
expected to be minimal because notifications to the marine community 
will be made through local notice to mariners (LNM) and broadcast 
notice to mariners (BNM). Therefore, these notifications will allow the 
public to plan operations around the safety zone and its enforcement 
times.

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.

[[Page 67067]]

    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 from MM 363.5 to MM 364.5 effective 
from 7:30 p.m. to 8:00 p.m. on December 31, 2014. 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 during scheduled 
firework display times for approximately thirty minutes on the day the 
event is occurring. Traffic in this area is limited to almost entirely 
recreational vessels and commercial towing vessels. Notifications to 
the marine community will be made through BNMs and electronic mail. 
Notices of changes to the safety zone and scheduled effective times and 
enforcement periods will also be made. Deviation from the restrictions 
may be requested from the COTP or designated representative and will be 
considered on a case-by-case basis.
    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 
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 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 a safety zone that is not expected to 
have any environmental impact as described in NEPA. 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

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

[[Page 67068]]

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, 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.T08-0784 is added to read as follows:


Sec.  165.T08-0784  Safety Zone; Natchez Specialties New Year's Eve 
Firework Display, Lower Mississippi River Mile Marker, (MM) 363.5 to 
(MM) 364.5, Natchez, MS.

    (a) Location. The following area is under a temporary safety zone: 
waters of the Lower Mississippi River, from MM 363.5 to MM 364.5.
    (b) Effective date and times. This rule will be effective from 7:30 
p.m. to 8:00 p.m. on December 31, 2014.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this area is prohibited unless 
authorized by the Captain of the Port (COTP) Lower Mississippi River or 
a designated representative.
    (2) Spectator vessels may safely transit outside the safety zone at 
a minimum safe speed, but may not anchor, block, loiter, or impede 
participants or official patrol vessels.
    (3) Vessels requiring entry into or passage through the safety zone 
must request permission from the COTP Lower Mississippi River or a 
designated representative. They may be contacted on VHF-FM channels 16 
or by telephone at (901) 521-4822.
    (4) All vessels shall comply with the instructions of the COTP 
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 or a designated representative will inform the public 
through broadcast notices to mariners (BNM) of the effective period for 
the safety zone and of any changes in the effective period, enforcement 
times, or size of the safety zone.

    Dated: October 31, 2014.
J.D. Burns,
Acting, Commander, U.S. Coast Guard, Acting Captain of the Port, Lower 
Mississippi River.
[FR Doc. 2014-26753 Filed 11-10-14; 8:45 am]
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