[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Proposed Rules]
[Pages 35671-35674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13119]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0340]
RIN 1625-AA00


Safety Zones; Safety Zones Within the Captain of the Port New 
Orleans Zone; New Orleans to Baton Rouge, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 35672]]

SUMMARY: The Coast Guard proposes to establish 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 
New Orleans or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 20, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0340 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 about this 
proposed rulemaking, call or email Lieutenant Commander (LCDR) James 
Gatz, Sector New Orleans, at (504) 365-2281 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes establishment of temporary safety zones 
for the following upcoming fireworks displays:
    (1) A corporate event scheduled for one hour in the evening between 
6:00 p.m. and 11:00 p.m. on June 15, 2016. The fireworks barge will be 
positioned adjacent to the foot of Dumaine Street in New Orleans, LA, 
at approximate mile marker 94.5 above Head of Passes on the Lower 
Mississippi River. The Coast Guard was notified about this event on 
April 18, 2016.
    (2) The Llamasoft Convention scheduled for one hour in the evening 
between 6:00 p.m. and 11:00 p.m. on June 16, 2016. The fireworks barge 
will be positioned adjacent to Spanish Plaza in New Orleans, LA, at 
approximate mile marker 95.0 above Head of Passes on the Lower 
Mississippi River. The Coast Guard was notified about this event on 
April 1, 2016.
    (3) The U.S. Travel Association's ``IPW'' Conference scheduled for 
one hour in the evening between 6:00 p.m. and 11:00 p.m. on June 22, 
2016. The fireworks barge will be positioned adjacent to Mardi Gras 
World in New Orleans, LA, at approximate mile marker 96.2 above Head of 
Passes on the Lower Mississippi River. The Coast Guard was notified 
about this event on April 1, 2016.
    (4) The St. John the Baptist Parish Independence Day Celebration 
scheduled for one hour in the evening between 6:00 p.m. and 11:00 p.m. 
on June 30, 2016. The fireworks barge will be positioned adjacent to 
the Parish Courthouse in Edgard, LA, at approximate mile marker 138.0 
above Head of Passes on the Lower Mississippi River. The Coast Guard 
was notified about this event on March 15, 2016. This is an annually 
recurring event that is published in 33 CFR 165.801, Table 5, line no. 
2. This year's occurrence is scheduled for a different date and 
location than currently listed in the CFR. Should a permanent change be 
necessary for this safety zone, we will include it in a future 
rulemaking proposing permanent updates to 33 CFR 165.801, Table 5.
    (5) The L'Auberge Casino Independence Day Celebration scheduled for 
one hour in the evening between 6:00 p.m. and 11:00 p.m. on July 4, 
2016. The fireworks barge will be positioned adjacent to the L'Auberge 
Casino in Baton Rouge, LA, at approximate mile marker 216.5 above Head 
of Passes on the Lower Mississippi River. The Coast Guard was notified 
about this event on January 27, 2016. This is an annually-recurring 
event that is not currently published in Table 5 of 33 CFR 165.801. We 
plan to include it in a future rulemaking proposing permanent updates 
to 33 CFR 165.801, Table 5.
    (6) The City of Mandeville Independence Day Celebration scheduled 
for one hour in the evening between 6:00 p.m. and 11:00 p.m. on July 4, 
2016. The fireworks barge will be positioned adjacent to the Mandeville 
City Lakefront in Mandeville, LA, at approximate position 30[deg] 
21.200 N., 90[deg] 04.500 W. The Coast Guard was notified about this 
event on March 14, 2016. A safety zone was established in 2015 for a 
similar event. Based on the history of this event and safety zone need, 
we are considering making this safety zone a permanent recurring 
regulation, and may include it in a future rulemaking proposing 
permanent updates to 33 CFR 165.801, Table 5.
    (7) The American Psychological Association Convention scheduled for 
one hour in the evening between 6:00 p.m. and 11:00 p.m. on September 
23, 2016. The fireworks barge will be positioned adjacent to Dumaine 
Street in New Orleans, LA, at approximate mile marker 94.5 above Head 
of Passes on the Lower Mississippi River. The Coast Guard was notified 
about this event on February 24, 2016.
    Due to the risks associated with aerial barge-based fireworks 
displays taking place on and over these sections of navigable 
waterways, the proposed safety zones are needed to protect persons and 
property. The Coast Guard would notify the public and maritime 
community of the proposed safety zones and their respective enforcement 
periods via broadcast notices to mariners (BNM). The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish multiple temporary safety 
zones within the Captain of the Port New Orleans (COTP) Zone on several 
different dates and in several different locations. The safety zones to 
be established would be enforced on the respective dates listed above 
and in the proposed regulatory text as provided at the end of this 
document. Each safety zone will be limited to a duration of one hour, 
and will occur during the evenings on the dates specified, between the 
hours of 6:00 p.m. and 11:00 p.m. Entry into these safety 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 BNMs of the 
enforcement period for each 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 by calling (504) 365-2200.

IV. 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 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

[[Page 35673]]

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 NPRM 
has not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, the NPRM has not been reviewed by 
the Office of Management and Budget.
    Six of these proposed safety zones would be no greater than 1 river 
mile in length and would restrict navigation on the Lower Mississippi 
River for no longer than one hour each. The remaining proposed safety 
zone would be limited to a circular area 1200 feet in diameter located 
along the North Shore of Lake Pontchartrain, in an area with ample room 
for other traffic to navigate around the safety zone, and would be in 
effect for no longer than one hour. Due to the limited scope and short 
duration of each proposed safety zone, the impacts on routine 
navigation are expected to be minimal. Additionally, the Coast Guard 
would issue maritime notices widely available to waterway users and 
deviation from the proposed safety zones may be requested and would be 
considered on a case-by-case basis.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zones may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator. 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.
    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 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 
section. 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.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. 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 (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 proposes to establish seven 
temporary safety zones within the Captain of the Port New Orleans zone. 
Normally such actions are categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist and 
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 
proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include

[[Page 35674]]

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).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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.T08-0340 to read as follows:


Sec.  165.T08-0340  Safety Zones; Captain of the Port New Orleans Zone; 
New Orleans to Baton Rouge, LA.

    (a) Safety zones. The following areas are safety zones:
    (1) Fireworks display, New Orleans, LA. (i) Location. All waters of 
the Lower Mississippi River from mile marker 94.0 to mile marker 95.0 
Above Head of Passes.
    (ii) Effective date and time. June 15, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (2) LLamasoft Convention fireworks display, New Orleans, LA. (i) 
Location. All waters of the Lower Mississippi River from mile marker 
94.5 to mile marker 95.5 Above Head of Passes.
    (ii) Effective date and time. June 16, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (3) U.S. Travel Association fireworks display, New Orleans, LA. (i) 
Location. All waters of the Lower Mississippi River from mile marker 
95.7 to mile marker 96.7 Above Head of Passes.
    (ii) Effective date and time. June 22, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (4) St. John the Baptist Independence Day Celebration fireworks 
display, Edgard, LA. (i) Location. All waters of the Lower Mississippi 
River from mile marker 137.5 to mile marker 138.5 Above Head of Passes.
    (ii) Effective date and time. June 30, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (5) L'Auberge Casino Independence Day Celebration fireworks 
display, Baton Rouge, LA. (i) Location. All waters of the Lower 
Mississippi River from mile marker 216.0 to mile 217.0 Above Head of 
Passes.
    (ii) Effective date and time. July 4, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (6) City of Mandeville Independence Day Celebration fireworks 
display, Mandeville, LA. (i) Location. All waters of Lake Pontchartrain 
extending 600 feet in any direction from 30[deg] 21.200 N., 090[deg] 
04.500 W.
    (ii) Effective date and time. July 4, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (7) American Psychological Association Convention fireworks 
display, New Orleans, LA. (i) Location. All waters of the Lower 
Mississippi River from mile marker 94.0 to mile marker 95.0 Above Head 
of Passes.
    (ii) Effective date and time. September 23, 2016, for one hour in 
the evening between the hours of 6:00 p.m. and 11:00 p.m.
    (b) 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. For each 
event, the COTP New Orleans designated representative will be announced 
via Marine Safety Information Bulletin and Notice to Mariners.
    (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 via the U.S. Coast Guard Sector 
New Orleans Command Center, via VHF-FM Channel 16 or by phone at (504) 
365-2200.
    (3) Persons and vessels permitted to deviate from this safety zone 
regulation and enter the restricted areas must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP New 
Orleans or the designated representative.
    (c) Information Broadcasts. The COTP New Orleans or designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement periods for the safety zones as well as any 
changes in the planned schedules.

    Dated: May 13, 2016.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2016-13119 Filed 6-2-16; 8:45 am]
 BILLING CODE 9110-04-P