[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Rules and Regulations]
[Pages 30158-30161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12735]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1069]
RIN 1625-AA00


Safety Zones, Captain of the Port New Orleans Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones for 
multiple locations and dates within the Captain of the Port New Orleans 
zone. These safety zones are necessary to protect persons and vessels 
from potential safety hazards associated with fireworks displays on or 
over Federal waterways. Entry into these zones is prohibited unless 
specifically authorized by the Captain of the Port (COTP) New Orleans 
or a designated representative.

DATES: This rule is effective without actual notice from May 27, 2015 
until July 4, 2015. For the purposes of enforcement, actual notice will 
be used from April 24, 2015 until May 27, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-1069]. 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

    On March 25, 2015, the Coast Guard published an NPRM entitled 
Safety Zones; Captain of the Port New Orleans Zone in the Federal 
Register (80 FR 15705). We did not receive any comments in response to 
the proposed rule. No public meeting was requested and none were held.
    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 
a portion 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 a 
waterway when large concentrations of spectators are expected. The 
Coast Guard did not receive any comments on the proposed rule following 
the publication of the NPRM. The Coast Guard will give actual notice to 
the public and maritime community that each safety zone will be in 
effect and of the enforcement periods via broadcast notices to 
mariners.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The Coast Guard has determined that temporary safety zones are 
necessary to promote the safety of life on navigable waterways within 
the COTP New Orleans Zone during these events due to the potentially 
hazardous conditions caused by the fireworks and the high volume of 
spectators that are anticipated.

C. Discussion of the Final Rule

    The Coast Guard is establishing five temporary safety zones within 
the Captain of the Port (COTP) New Orleans Zone between April 27, 2015 
and July 4, 2015.
    The events to be covered by this rule will be enforced on the 
respective dates listed in the table below.

[[Page 30159]]



------------------------------------------------------------------------
      Item No.             Name of event           Date and location
------------------------------------------------------------------------
1...................  New Orleans Navy Week.  Date: April 27, 2015.
                                              Location: The entire width
                                               of the Lower Mississippi
                                               River between MM 94 and
                                               MM 96 Above Head of
                                               Passes.
2...................  Hosts Global..........  Date: April 28, 2015.
                                              Location: The entire width
                                               of the Lower Mississippi
                                               River between MM 94 and
                                               MM 96 Above Head of
                                               Passes.
3...................  Madisonville 4th of     Date: July 4, 2015.
                       July.                  Location: The entire width
                                               of the Tchefuncta River
                                               between the confluence of
                                               the Tchefuncta River and
                                               Lake Pontchartrain,
                                               extending one mile north.
4...................  Mandeville City         Date: July 4, 2015.
                       Seafood Festival.      Location: 350 feet in all
                                               directions from the end
                                               of the Fountainbleau
                                               State Park Pier in Lake
                                               Pontchartrain.
5...................  Mandeville Lakefront    Date: July 4, 2015.
                       Fireworks.             Location: 350 feet in all
                                               directions from the
                                               fireworks barge, which
                                               will be positioned
                                               offshore of Mandeville,
                                               LA in Lake Pontchartrain.
------------------------------------------------------------------------

    Entry into these zones 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 zones 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. These temporary safety 
zones will restrict navigation on the Lower Mississippi River in the 
vicinity of New Orleans, Louisiana, the southern end of the Tchefuncta 
River near Madisonville, Louisiana, and Lake Pontchartrain in vicinity 
of Mandeville, Louisiana. No safety zone will be established for longer 
than one hour. Due to the limited scope and short duration of each 
temporary 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. The Coast Guard received no comments from the Small Business 
Administration on this rule.
    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 each temporary safety zone 
will only be in effect for approximately one hour on one day. This rule 
will affect the following entities, some of which may be small 
entities: The owners or operators of vessels intending to transit the 
following waterways on the listed dates: The Lower Mississippi River in 
New Orleans, Louisiana on April 27, 2015 and April 28, 2015; the 
Tchefuncta River near Madisonville, Louisiana on July 4, 2015, and the 
north shore of Lake Pontchartrain in the vicinity of Mandeville, LA on 
July 4, 2015. Before enforcement, COTP New Orleans will issue maritime 
advisories widely available to users of the impacted waterways and will 
make notifications to the public through marine band radio when the 
temporary safety zones are 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

[[Page 30160]]

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 establishing temporary safety zones in 
the Lower Mississippi River, Tchefuncta River, and Lake Pontchartrain. 
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 
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.T08-1069 is added to read as follows:


Sec.  165.T08-1069  Safety Zones, Captain of the Port New Orleans Zone, 
LA.

    (a) Locations. The following areas are safety zones:
    (1) All waters of the Lower Mississippi River from mile marker 94 
to mile marker 96 above Head of Passes, New Orleans, LA. This location 
will be used for the New Orleans Navy Week and Hosts Global events.
    (2) All waters of the Tchefuncta River from the confluence of the 
Tchefuncta River and Lake Pontchartrain, extending one mile north into 
the Tchefuncta River, Madisonville, LA. This location will be used for 
the Madisonville Fourth of July event.
    (3) All waters of Lake Pontchartrain extending 350 feet in all 
directions from the end of the Fountainbleau State Park Pier in 
Mandeville, LA. This location will be used for the Mandeville City 
Seafood Festival.
    (4) All waters of Lake Pontchartrain extending 350 feet in all 
directions from a fireworks barge located offshore of Mandeville, LA. 
This location will be used for the Mandeville Lakefront Fireworks 
event.
    (b) Effective Dates and Enforcement Periods. This rule is effective 
during five individual events occurring on three separate dates from 
April 27, 2015 through July 4, 2015. The temporary safety zones will be 
enforced during the following dates and times:
    (1) April 27, 2015, in the evening for one hour or less in the 
location noted in section a.1.
    (2) April 28, 2015, in the evening for one hour or less in the 
location noted in section a.1.
    (3) July 4, 2015, in the evening for one hour or less in the 
location noted in section a.2.
    (4) July 4, 2015, in the evening for one hour or less the locations 
noted in section a.3 and a.4.
    (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 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.


[[Page 30161]]


    Dated: April 24, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2015-12735 Filed 5-26-15; 8:45 am]
BILLING CODE 9110-04-P