[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Proposed Rules]
[Pages 55583-55586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23264]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0677]
RIN 1625-AA00


Safety Zones; Lower Mississippi River Miles 95.7 to 96.7; New 
Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two temporary safety 
zones from Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP) 
on the Lower Mississippi River (LMR) on two different dates. These 
safety zones are necessary to protect persons and vessels from 
potential safety hazards associated with fireworks displays on or over 
navigable waterways. Entry into these zones is prohibited unless 
specifically authorized by the Captain of the Port New Orleans or a 
designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 1, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

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

BNM Broadcast Notice to Mariners

[[Page 55584]]

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
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-2015-0677] 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-2015-0677) 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    There is no regulatory history or information related to this newly 
proposed temporary safety zone.

C. Basis and Purpose

    The legal basis for this proposed rule is 33 U.S.C. 1231; 50 U.S.C. 
191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5; and Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish and define safety zones.
    AFX Pro, a company specializing in firework displays, informed the 
Coast Guard of two fireworks displays planned for October 2015. Mardi 
Gras World is hosting a private wedding with a fireworks display on 
October 10, 2015, and the Bridgestone Tire Company is sponsoring a 
fireworks display on October 22, 2015. The fireworks displays on both 
dates will be launched from a barge positioned in the waterway adjacent 
to Mardi Gras World, an event venue located at MM 96.2 AHP on the Lower 
Mississippi River, 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 these 
fireworks displays. These safety zones are proposed 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 Proposed Rule

    The Coast Guard proposes two temporary safety zones on the Lower 
Mississippi River, for a duration of one hour each during the evenings 
of October 10 and 22, 2015. The safety zones will include the entire 
width of the Lower Mississippi River in New Orleans, LA from mile 
marker 95.7 to mile marker 96.7 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 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 proposed 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 proposed 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 
only restrict navigation on the Lower Mississippi River from MM 95.7 to 
MM 96.7 AHP, for approximately one hour on October 10, 2015 and one 
hour on October 22, 2015. 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

[[Page 55585]]

fields, and governmental jurisdictions with populations of less than 
50,000.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
the safety zone area during the periods of enforcement. The safety 
zones will not have a significant economic impact on a substantial 
number of small entities because they are limited in scope and will be 
in effect for a short period of time. Before the enforcement periods, 
the Coast Guard COTP will issue maritime advisories widely available to 
waterway users. Deviation from the safety zone established through this 
rulemaking may be requested from the appropriate COTP and requests will 
be considered on a case-by-case basis.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed rule under that Order and 
determined that this rulemaking 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 proposed rule 
involves establishing a temporary safety zone for all waters of the 
Lower Mississippi River from MM 95.7 to MM 96.7 AHP. This proposed rule 
is categorically excluded under section 2.B.2, figure 2-1, paragraph 
(34)(g) of the Instruction because it involves establishment of safety 
zones. An Environmental analysis and a categorical exclusion 
determination will be made available in the docket as indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; 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.

0
2. Add Sec.  165.T08-0677 to subpart F under the undesignated center 
heading

[[Page 55586]]

Eighth Coast Guard District to read as follows:


Sec.  165.T08-0677  Safety Zones; Lower Mississippi River Miles 95.7 to 
96.7; New Orleans, LA

    (a) Location. The following area is a safety zone: All waters of 
the Lower Mississippi River from mile marker 95.7 to mile marker 96.7 
Above Head of Passes, New Orleans, LA.
    (b) Effective date and enforcement period. This rule is effective 
and enforceable with actual notice on October 10, 2015 and on October 
22, 2015, for one hour in the evening of each date.
    (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. For this rule 
the COTP's designated representative is Vessel Traffic Service Lower 
Mississippi River.
    (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 Vessel Traffic Service Lower Mississippi River at 504-365-2415.
    (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 the 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 14, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2015-23264 Filed 9-15-15; 8:45 am]
BILLING CODE 9110-04-P