[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15952-15954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07716]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1058]
RIN 1625-AA00


Safety Zone; Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones for 
navigable waters of the Mississippi River, New Orleans, LA. These 
actions are necessary to protect persons and vessels from potential 
safety hazards associated with fireworks displays on or over this 
navigable waterway. Entry into these zones is prohibited unless 
authorized by the Captain of the Port Sector New Orleans (COTP) or a 
designated representative.

DATES: This rule is effective from 8:00 p.m. on May 6, 2018 through 
8:45 p.m. on May 25, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1058 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 on this rule, 
call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New 
Orleans, U.S. Coast Guard; telephone 504-365-2281, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AHP Above Head of Passes
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard received notification of the following fireworks 
displays that require safety zones:
    (1) On November 7, 2017, the New Orleans Tourism and Marketing 
Corporation notified the Coast Guard that it would be conducting a 
fireworks display from 7:45 p.m. through 8:45 p.m. on May 25, 2018. The 
fireworks will be launched from a barge on the Lower Mississippi River 
at approximate mile marker (MM) 95.9 above Head of Passes (AHP), New 
Orleans, LA.
    (2) On March 14, 2018, the NOLA 2018 Foundation notified the Coast 
Guard that it would be conducting a fireworks display from 8 p.m. 
through 8:20 p.m. on May 6, 2018. The fireworks will be launched from a 
barge on the Lower Mississippi River at approximate MM 95.4 AHP, New 
Orleans, LA.
    In response to these notifications, on January 17, 2018, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone; Lower Mississippi River, New Orleans, LA (83 FR 2394). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this fireworks display. During the comment 
period that ended March 19, 2018, we received no comments.

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 Sector New Orleans (COTP) has determined 
that potential hazards associated with the fireworks to be used in the 
May 6, 2018 and May 25, 2018 displays present a hazard to anyone within 
a one-mile stretch of the launch barges. The purpose of this rule is to 
ensure safety of persons and vessels on the navigable waters in the 
safety zone before, during, and after the scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
January 17, 2018.
    The changes in the regulatory text from the proposed rule in the 
NPRM include minor editorial changes where we refer to the time of 
enforcement as the enforcement period, rather than the effective 
period.
    This rule establishes two temporary safety zones on the following 
dates and locations:
    1. Bayou Country Music Fest: A safety zone from 7:45 p.m. through 
8:45 p.m. on May 25, 2018. The safety zone will cover all navigable 
waters of the Lower Mississippi River between mile marker (MM) 95.4 and 
MM 96.4 AHP.
    2. NOLA Tricentennial 2018 Jazz and Heritage Fest: A safety zone 
from 8 p.m. through 9 p.m. on May 6, 2018. This safety zone will 
encompass all navigable waters of the Lower Mississippi River between 
MMs 95 and 96 AHP.
    Both safety zones encompass a one mile stretch of river with a 
duration lasting no more than one hour. The duration of the zones is 
intended to ensure the safety of persons and vessels on these navigable 
waters before, during, and after the scheduled fireworks displays.
    No vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector New Orleans. They may be contacted on VHF-FM Channel 16 
or 67. Persons and vessels permitted to enter these safety zones must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative. The 
COTP or a designated representative will inform the public through 
Broadcast Notices to Mariners of any changes in the planned schedule.

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.

[[Page 15953]]

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on these zones 
lasting one hour and encompassing a one-mile stretch of the Lower 
Mississippi River. In addition, vessel traffic seeking to transit the 
areas can seek permission to enter from the COTP or his designated 
representative.

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
two safety zones lasting less than one hour each that will prohibit 
entry within a one-mile stretch of the Lower Mississippi River. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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 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.T08-1058 to read as follows:


Sec.  165.T08-1058  Safety Zones; Lower Mississippi River, New Orleans, 
LA.

    (a) Safety zones. The following areas are safety zones:
    (1) Bayou Country Music Fest, New Orleans, LA--(i) Location. All 
navigable waters of the Lower Mississippi River between mile marker 
(MM) 95.4 and MM 96.4, above Head of Passes.

[[Page 15954]]

    (ii) Enforcement period. This rule will be enforced from 7:45 p.m. 
through 8:45 p.m. on May 25, 2018.
    (2) NOLA Tricentennial 2018 Jazz and Heritage Fest--(i) Location. 
All navigable waters of the Lower Mississippi River between mile marker 
(MM) 94 and MM 95, above Head of Passes.
    (ii) Enforcement period. This rule will be enforced from 8 p.m. 
through 9 p.m. on May 6, 2018.
    (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 Sector New Orleans (COTP) or a 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of U.S. Coast Guard 
Sector New Orleans.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) Persons and vessels permitted to enter these safety zones must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (c) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners of any 
changes in the planned schedule.

    Dated: April 9, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-07716 Filed 4-12-18; 8:45 am]
 BILLING CODE 9110-04-P