[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Rules and Regulations]
[Pages 20-22]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31729]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-1017]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Natchez, MS

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Lower Mississippi River. This action is necessary 
to provide for the safety of life on these navigable waters near the 
bluffs, Natchez, MS, during a fireworks display on December 31, 2016. 
The safety zone will cover all navigable waters between mile markers 
363.4 and 364.4 in the Lower Mississippi River located near the bluffs 
in Natchez, MS. This rulemaking will prohibit persons and vessels from 
being in the safety zone unless authorized by the Captain of the Port 
Memphis (COTP) or a designated representative.

DATES: This rule is effective from 9:40 p.m. on December 31, 2016 until 
10:40 p.m. on January 1, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1017 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 
rulemaking, call or email Petty Officer Todd Manow, Waterways 
Management, Sector Lower Mississippi River, U.S. Coast Guard; telephone 
901-521-4813, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 12, 2016, Natchez Specialties notified the Coast Guard 
that it will be conducting a fireworks display from 10 to 10:15 p.m. on 
December 31, 2016, to celebrate New Year's Eve. The fireworks are to be 
launched from a barge in the Lower Mississippi River at mile marker 
363.9 approximately 200 yards northwest of the bluffs in Natchez, MS at 
approximate position 31[deg]33.83' N, 091[deg]24.50' W. Hazards from 
firework displays include accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. The Captain of the 
Port Memphis (COTP) has determined that potential hazards associated 
with the fireworks to be used in this display would be a safety concern 
for anyone within an area on the Lower Mississippi River from mile 
marker 363.4 to mile marker 364.4.
    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, although the event sponsor 
originally submitted notice to the Coast Guard on August 12, 2016, 
final details of the event, safety zone requirements, and regulatory 
patrol parameters were not finalized until November of 2016. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by December 31, 2016.
    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. For these same reasons, the Coast 
Guard finds good cause for implementing this rule less than thirty days 
before the effective date.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
this fireworks event would be a safety concern for anyone on the Lower 
Mississippi River from mile marker 363.4 to mile marker 364.4. Hazards 
from fireworks displays include accidental discharge of fireworks, 
dangerous projectiles, and falling hot embers or other debris. This 
rule is needed to ensure the safety of vessels and the navigable waters 
before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:40 p.m. to 10:40 p.m. on 
December 31, 2016. In the case of inclement weather on December 31, 
2016, this safety zone will be enforced from 9:40 p.m. until 10:40 p.m. 
on January 1, 2017. The safety zone will cover all navigable waters of 
the Lower Mississippi River from mile marker 363.4 to mile marker 364.4 
in the vicinity of the bluffs in Natchez, MS at approximate position 
31[deg]33.83' N, 091[deg]24.50' W. The duration of the zone is intended 
to ensure the safety of waterway users on these navigable waters 
before, during, and after the scheduled fireworks display. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. The regulatory 
text appears at the end of this document.

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 (E.O.) 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. E.O. 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 E.O. 12866. Accordingly, it 
has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be restricted from entering this safety zone which will impact a 
small designated area of the Lower Mississippi River for one hour 
during the evening of New Year's Eve. This safety zone may be ended 
early if conditions allow. Moreover, the Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule will allow vessels to seek permission to enter the 
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended,

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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.
    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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it will 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 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 involves a safety zone 
lasting one hour that would prohibit entry into a one mile stretch of 
the Lower Mississippi River, one half mile to either side of a 
fireworks barge. 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.

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 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 temporary Sec.  165.T08-1017 to read as follows:


Sec.  165.T08-1017   Safety Zone; Mississippi River, Natchez, MS.

    (a) Location. The following area is a safety zone: All waters of 
the Lower Mississippi River from mile marker 363.4 to mile marker 364.4 
in the vicinity of the fireworks launch platform at approximate 
position 31[deg]33.83' N, 091[deg]24.50' W, 200 yards northwest of the 
Natchez bluffs.
    (b) Effective dates and enforcement times. The safety zone will be 
in effect from 9:40 p.m. on December 31, 2016 until 10:40 p.m. on 
January 1, 2017. The safety zone will be enforced from 9:40 p.m. until 
10:40 p.m. on December 31, 2016. In the case of inclement weather on 
December 31, 2016, this safety zone will be enforced from 9:40 p.m. 
until 10:40 p.m. on January 1, 2017.
    (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 Memphis (COTP) or a 
designated representative.
    (2) Any vessel desiring to enter this safety zone must first obtain 
permission from the COPT or a designated representative, who may be 
contacted on VHF-FM Channel 16 or by telephone at 866-777-2784.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement periods for the safety zone.


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    Dated: December 20, 2016.
T. J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2016-31729 Filed 12-30-16; 8:45 am]
 BILLING CODE 9110-04-P