[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Rules and Regulations]
[Pages 76897-76900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30102]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0993]
RIN 1625-AA00


Safety Zones Within the Captain of the Port New Orleans Zone, 
Louisiana

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones for 
two fireworks display events within the Captain of the Port (COTP) New 
Orleans Zone. This action is necessary to protect persons and vessels 
from potential safety hazards associated with these events. Entry into 
these zones is prohibited unless specifically authorized by the Captain 
of the Port New Orleans or a designated representative.

DATES: This rule is effective without actual notice from December 23, 
2014 until January 1, 2015. For the purposes of enforcement, actual 
notice will be used from December 6, 2014, until December 23, 2014.
    This rule will be enforced from 9:00 p.m. to 9:30 p.m. on December 
6, 2014 and from 11:45 p.m. on New Year's Eve, December 31, 2014 to 
12:30 a.m. on January 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0993]. 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

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    There are two separate marine events addressed by this temporary 
regulation. (1) The Plaquemines Parish Fair & Orange Festival is an 
annually occurring event, but the sponsor did not apply for a marine 
event permit for the prior year's event and the event appears to have 
no regulatory history. (2) The Madisonville New Year's Eve event is 
also an annually occurring event, but the sponsor did not apply for a 
marine event permit for the prior year's event, and the event appears 
to have no regulatory history. Upon full review of the details of each 
of each of these events, the Coast Guard determined that additional 
safety measures are necessary.
    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 as scheduled, the displays 
would take place before the full NPRM process could be completed. 
Because of the dangers presented by aerial barge based

[[Page 76898]]

fireworks displays taking place on and over the waterway, it is in the 
public's interest for the Coast Guard to establish these safety zones 
to protect persons and property during the displays. These displays 
have 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 zones will only be enforced for short 
durations. The Coast Guard will notify the public and maritime 
community that the safety zones will be in effect and of their 
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 zones until after the planned fireworks 
events. Immediate action is needed to protect vessels and mariners from 
the safety hazards associated with aerial fireworks displays over 
waterways.

B. 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; 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.
    The Coast Guard has determined that this temporary rule is 
necessary to promote the safety of life on navigable waterways within 
the COTP New Orleans Zone during these events. (1) The safety fallout 
area for the Plaquemines Parish Orange Festival fireworks will extend 
300 feet into the Lower Mississippi River from a point between MM 19.5 
and MM 20.5 above Head of Passes (AHP). The Lower Mississippi River is 
approximately 2600 feet wide at this location. There is room for 
vessels to pass by the safety fallout zone, however, the possibility of 
malfunction resulting in a firework being launched horizontally poses a 
risk to the chemical and oil tankers which frequently transit the 
river. (2) The safety fallout area for the Madisonville New Years Eve 
fireworks will extend 500 feet in all directions from the center of the 
Tchefuncta River, one-half mile north of the confluence of the 
Tchefuncta River and Lake Pontchartrain. The Tchefuncta River is 
approximately 1050 feet wide at this location, which leaves no room for 
any vessel to safely pass the fireworks barge.

C. Discussion of the Final Rule

    This temporary rule establishes two safety zones for two fireworks 
displays. This rule will be enforced during two separate dates 
occurring between December 6, 2014 and January 1, 2015.
    The events covered by this regulation will be enforced on the 
respective dates and times listed in the table below.

------------------------------------------------------------------------
 Item number        Name of event            Date, time and location
------------------------------------------------------------------------
1............  Plaquemines Parish Fair  Date: December 6, 2014, from
                and Orange Festival.     9:00 p.m. to 9:30 p.m.
                                        Location: The entire width of
                                         the Lower Mississippi River
                                         between MM 19.5 and MM 20.5
                                         above Head of Passes.
2............  Madisonville New Year's  Date: New Year's Eve, December
                Eve Celebration.         31, 2014 from 11:45 p.m. until
                                         12:30 a.m. on January 1, 2015.
                                        Location: The entire width of
                                         the Tchefuncta River beginning
                                         at the confluence of the
                                         Tchefuncta River and Lake
                                         Pontchartrain and extending one
                                         mile north.
------------------------------------------------------------------------

    Entry into, anchoring in, or remaining in each of these zones 
during the times stated 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 
noticed to mariners 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.

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. These safety zones will 
restrict navigation on the following dates and locations: Thirty 
minutes on December 6, 2014 between MM 19.5 and 20.5 above Head of 
Passes on the Lower Mississippi River; and forty-five minutes on New 
Year's Eve, December 31, 2014-January 1, 2015 from the confluence of 
the Tchefuncta River and Lake Pontchartrain and extending one mile 
north. Due to the limited scope and short duration of the safety zones, 
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 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 19.5 to MM 
20.5 AHP between 9:00 p.m. and 9:30 p.m. on December 6, 2014; and the 
Tchefuncta River from MM 0.0 to MM 1.0 between 11:45 p.m. New Year's 
Eve, December 31, 2014 and 12:30 a.m. on

[[Page 76899]]

January 1, 2015. 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 enforced for one hour or less on two separate 
dates. 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 each 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 (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.

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 establishing one 
temporary safety zone on the Lower Mississippi River and one temporary 
safety zone on the Tchefuncta River. 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.

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.T08-0993 is added to read as follows:


Sec.  165.T08-0993  Safety Zones, New Orleans Captain of the Port Zone, 
LA.

    (a) Location. The following areas are safety zones:
    (1) All waters of the Lower Mississippi River from mile marker 19.5 
to mile marker 20.5 above Head of Passes, Fort Jackson, LA.
    (2) All waters of the Tchefuncta River from the confluence of the 
Tchefuncta River and Lake Pontchartrain, extending

[[Page 76900]]

one mile north into the Tchefuncta River, Madisonville, LA.
    (b) Effective dates and enforcement periods. This rule is effective 
without actual notice from December 23, 2014 until January 1, 2015. For 
the purposes of enforcement, actual notice will be used from December 
6, 2014, until December 23, 2014. The safety zones will be enforced 
during the following times:
    (1) December 6, 2014, from 9:00 p.m. until 9:30 p.m., at Fort 
Jackson, LA.
    (2) New Year's Eve, December 31, 2014 at 11:30 p.m. until January 
1, 2015 at 12:30 a.m., at Madisonville, LA.
    (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 USCG 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: December 3, 2014.
Philip C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2014-30102 Filed 12-22-14; 8:45 am]
BILLING CODE 9110-04-P