[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42512-42515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15440]


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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: 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 New Orleans or a 
designated representative.

DATES: This rule is effective without actual notice from June 30, 2016 
through September 23, 2016. For the

[[Page 42513]]

purposes of enforcement, actual notice will be used from June 22, 2016 
through June 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0340 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
temporary final rule, call or email Lieutenant Commander (LCDR) Howard 
Vacco, 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
TFR Temporary Final Rule
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard was notified about several fireworks displays, 
occurring between June 22 and September 23, 2016 as follows:
    (1) 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.
    (2) 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.
    (3) 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.
    (4) 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.
    (5) The American Pyrotechnic 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. This event was incorrectly 
identified as ``The American Psychological Association Convention'' in 
the NPRM.
    Due to the risks associated with aerial barge-based fireworks 
displays taking place on and over these sections of navigable 
waterways, the safety zones are needed to protect persons and property. 
The Coast Guard will notify the public and maritime community of the 
safety zones and their respective enforcement periods via broadcast 
notices to mariners (BNM) and Marine Safety Information Bulletins 
(MSIB).
    In response, on June 3, 2016, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zones; Safety Zones Within the 
Captain of the Port New Orleans Zone; New Orleans to Baton Rouge, LA 
(81 FR 35671). There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to these fireworks 
displays. During the comment period that ended June 20, 2016, we 
received no comments.
    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. Due to the risks 
associated with aerial barge-based fireworks displays taking place on 
and over the waterway, safety zones are needed. The Coast Guard finds 
that good cause exists for not waiting 30 days after publication in the 
Federal Register. Providing a full 30-days notice would be 
impracticable because immediate action is needed beginning June 22, 
2016 to protect persons and property from the hazards associated with 
an aerial fireworks display taking place on and over the waterway.
    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).

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port New Orleans (COTP) has determined that 
potential hazards associated with the fireworks to be used in upcoming 
displays will be a safety concern for anyone within one-quarter mile of 
the fireworks barge for the displays on the Lower Mississippi River and 
within 600 feet of the fireworks barge for the display in Lake 
Pontchartrain. The purpose of this rule is to ensure safety of vessels 
and the navigable waters in the safety zone before, during, and after 
the scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    Through this temporary final rule, the Coast Guard is establishing 
multiple temporary safety zones within the Captain of the Port New 
Orleans (COTP) Zone on several different dates and in several different 
locations. While we received no comments to the proposed rule, due to 
timing of the NPRM publication and cancellation of an event, 2 safety 
zones are removed and changes to the proposed rule are necessary. We 
removed the regulatory text for the first safety zone, under paragraph 
(a)(1) as proposed, which was for a fireworks display on June 15, 2016, 
from MM 94.0 to MM 95.0 above head of passes on the Lower Mississippi 
River. We removed the regulatory text for that safety zone because we 
established it through its own temporary rulemaking before the comment 
period for the NPRM ended. This allowed the Coast Guard to ensure that 
the necessary safety measures were in place for the June 15, 2016 
display. A copy of that rule is available in the docket as indicated 
under ADDRESSES. We also removed the regulatory text for the second 
safety zone, under paragraph (a)(2) because that event was cancelled 
and the safety zone no longer needed. Accordingly, paragraphs (a)(3) 
through (7) of the proposed rule are renumbered in this temporary final 
rule as paragraphs (a)(1) through (5), with the same regulatory text as 
proposed in the NPRM.
    These remaining safety zones will be enforced on the respective 
dates listed above and in the regulatory text as provided at the end of 
this document.

[[Page 42514]]

Each safety zone will occur during the evening on the dates specified, 
and will be limited to a duration of one hour, 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.

V. Regulatory Analyses

    We developed this 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 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.
    Four of these safety zones are no greater than 1 river mile in 
length and would restrict navigation on the Lower Mississippi River for 
no longer than one hour. The remaining safety zone is 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 
safety zone, the impacts on routine navigation are expected to be 
minimal. Additionally, the Coast Guard will issue maritime notices 
widely available to waterway users and deviation from the safety zones 
may be requested and will 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
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.

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 establishes five temporary safety zones within the Captain of the 
Port New Orleans zone. 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

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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.T08-0340 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) 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.
    (2) 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.
    (3) 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.
    (4) 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.
    (5) American Pyrotechnic 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, 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: June 22, 2016.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2016-15440 Filed 6-29-16; 8:45 am]
 BILLING CODE 9110-04-P