[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Rules and Regulations]
[Pages 19884-19886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07729]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0189]
RIN 1625-AA00


Safety Zone; Lower Mississippi River Mile 95.7 to 96.7; New 
Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone from 
Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP) on the 
Lower Mississippi River (LMR) on April 12, 2016. This safety zone is 
necessary to protect persons and vessels from potential safety hazards 
associated with fireworks displays on or over navigable waterways. 
Entry into this zone is prohibited unless specifically authorized by 
the Captain of the Port New Orleans or a designated representative.

DATES: This rule is effective from 6:00 p.m. through 11:00 p.m. on 
April 12, 2016. Comments and related material must be received by the 
Coast Guard on or before May 6, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0189 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

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].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AHP Above Head of Passes

[[Page 19885]]

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Public Participation and Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this rule, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

III. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard received information 
about this fireworks display on or about January 27, 2016. Due to the 
risks associated with an aerial barge-based fireworks display taking 
place on and over the waterway, a safety zone is needed. It would be 
impracticable to publish a NPRM because the safety zone must be 
established on April 12, 2016. This rule provides for a comment period 
and comments received will be reviewed and analyzed to assist the Coast 
Guard in future rulemakings establishing similar safety zones. 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).
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Providing a full 30-
days notice would be impracticable because immediate action is needed 
to protect persons and property from the hazards associated with an 
aerial fireworks display taking place on and over the waterway.

IV. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. On April 12, 2016, a fireworks display 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.

V. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the 
Lower Mississippi River, for one hour during the evening of April 12, 
2016, to occur between 6 and 11 p.m. The safety zone will include the 
entire width of the Lower Mississippi River in New Orleans, LA from MM 
95.7 to MM 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 
one-hour 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.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. 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 April 12, 2016. Due to the limited scope and short duration of 
the safety zone, the impacts on routine navigation are expected to be 
minimal.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 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 zone 
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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule

[[Page 19886]]

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 section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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(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 establishment of a temporary safety zone for all waters 
of the Lower Mississippi River from MM 95.7 to MM 96.7 AHP. It 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.

G. 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.

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 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; 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.T08-0189 to read as follows:


Sec.  165.T08-0189  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) Enforcement period. This rule is enforceable on April 12, 2016, 
for one hour in the evening to occur between 6:00 p.m. and 11:00 p.m. 
The one-hour enforcement period will be noticed as indicated under 
paragraph (d) of this section.
    (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: March 30, 2016.
W.R. Arguin Jr.,
Captain, U.S. Coast Guard, Acting Captain of the Port New Orleans.
[FR Doc. 2016-07729 Filed 4-5-16; 8:45 am]
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