[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39882-39884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17263]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0372]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 Above 
Head of Passes, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a permanent safety zone for 
the navigable waters of the Lower Mississippi River between mile marker 
(MM) 94 and MM 97, above Head of Passes. This action is necessary to 
provide for the safety of life on these navigable waters during 
firework displays. This regulation prohibits vessels from entering the 
safety zone before, during, and after the firework displays unless 
authorized by the Captain of the Port Sector New Orleans or a 
designated representative.

DATES: This rule is effective September 12, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0372 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 
proposed rulemaking, call or email Lieutenant Commander Benjamin 
Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2231, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
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. Background Information and Regulatory History

    The Coast Guard Captain of the Port Sector New Orleans (COTP) is 
establishing a permanent safety zone on the Lower Mississippi River in 
order to better provide for the safety of life on these navigable 
waters during firework displays. The COTP has determined that a large 
and increasing volume of the firework displays occurring within Sector 
New Orleans' area of responsibility take place at locations between 
mile markers (MMs) 94 and 97 above Head of Passes on the Lower 
Mississippi River. Many of these events recur annually and are listed 
in Table 5 of 33 CFR 165.801 titled Sector New Orleans Annual and 
Recurring Safety Zones. However, a substantial and increasing number of 
these firework displays are one-time events associated with 
conventions, weddings, festivals, etc. By creating a permanent safety 
zone that can be enforced through a notice of enforcement, the COTP can 
more efficiently provide for the safety of life on these navigable 
waters. Therefore, on June 18, 2018, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Safety Zone; Lower Mississippi 
River, Mile Markers 94 to 97 Above Head of Passes, New Orleans, LA (83 
FR 28175). There we stated why we issued the NPRM, and invited comments 
on our proposed regulatory action related to this fireworks display 
safety zone. During the comment period that ended on July 18, 2018, we 
received two comments.

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 a permanent safety zone that can be 
enforced as necessary for fireworks displays will better allow the COTP 
to provide for the safety of life. A large and increasing number of 
marine events has been occurring on the Lower Mississippi River, with 
the bulk of the events occurring within the same three-mile stretch of 
river. This rule allows for more timely and efficient responses to 
these requests and will also greatly reduce the administrative burden 
the COTP encounters with establishing individual safety zones for these 
various events. The purpose of this rulemaking is to ensure the safety 
of life on these navigable waters within this three-mile segment of the 
Lower Mississippi River before, during, and after firework displays. 
Potential hazards associated with firework displays include the 
accidental discharge of fireworks, dangerous projectiles, and falling 
embers and other debris.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published on 
June 18, 2018. One comment was unrelated to the rule. The second 
comment requested that the regulatory text include geographic 
coordinates in degrees-minutes-seconds with an associated horizontal 
datum in order to accurately depict the safety zone boundaries on NOAA 
nautical charts. The Coast Guard agrees that the requested information 
would be helpful for NOAA and the public to identify the boundaries of 
the zone. The regulatory text of this final rule has been updated to 
include this information.
    This rule establishes a permanent safety zone between mile marker 
(MM) 94 (29[deg]57'32'' N, 90[deg]03'05'' W) and MM 97 (29[deg]55'19'' 
N, 90[deg]04'00'' W), NAD83 datum, on the Lower Mississippi River, 
above Head of Passes. While this zone encompasses a three-mile section 
of the waterway, the COTP will limit the enforcement of the zone only 
to the areas necessary for the protection of life on these navigable 
waters before, during, and after firework 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 
means any Coast Guard commissioned, warrant, or petty officer of the 
U.S. Coast Guard assigned to units under the operational control of 
USCG Sector New Orleans. Persons and vessels requiring entry into this 
proposed safety zone must request permission from the COTP or a 
designated representative. They may be contacted on VHF-FM Channel 16 
or 67 or by telephone at (504) 365-2200. Persons and vessels permitted 
to enter the safety zone must transit at their slowest safe speed and 
comply with all lawful directions issued by the COTP or the designated 
representative.
    In accordance with 33 CFR 165.7, for each enforcement of the safety 
zone established under this proposed rule, the COTP will publish a 
notice of enforcement in the Federal Register as early as practicable. 
The COTP or a designated representative will inform

[[Page 39883]]

the public of the enforcement area and period of this safety zone 
through Vessel Traffic Service Advisories, Broadcast Notices to 
Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (MSIBs) as appropriate.

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 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 the size, 
duration, and location of the safety zone. While this zone would be 
permanent, it would only be enforced on an as needed basis to better 
regulate marine events in the area. This typically encompasses one-hour 
operations for a one-mile portion of the waterway.

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.
    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 
establishing a safety zone on the Lower Mississippi River, mile marker 
(MM) 94 to MM 97. While this zone will be permanent, it will only be 
subject to enforcement on an as-needed basis. 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.  165.845 above the center heading ``Ninth Coast Guard 
District'' to read as follows:

[[Page 39884]]

Sec.  165.845  Safety Zone; Lower Mississippi River, mile markers 94 to 
97 above Head of Passes, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River, New Orleans, LA from mile marker 
(MM) 94 (29[deg]57'32'' N, 90[deg]03'05'' W) to MM 97 (29[deg]55'19'' 
N, 90[deg]04'00'' W), NAD83 datum, on the Lower Mississippi River, 
above Head of Passes.
    (b) Enforcement period. The safety zone established by this section 
will be enforced only upon notice of the Captain of the Port Sector New 
Orleans (COTP). In accordance with 33 CFR 165.7, for each enforcement 
of a safety zone established under this section, the COTP will publish 
a notice of enforcement in the Federal Register as early as 
practicable. In addition, the COTP will also inform the public of the 
enforcement area and times of this section as indicated in 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 to all 
vessels and persons except vessels authorized by the COTP or designated 
representative. A designated representative means any Coast Guard 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of Sector New Orleans.
    (2) Persons and 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 or by telephone at (504) 
365-2200.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement period of this safety zone 
through Vessel Traffic Service Advisories, Broadcast Notices to 
Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (MSIBs) as appropriate.

    Dated: August 6, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-17263 Filed 8-10-18; 8:45 am]
 BILLING CODE 9110-04-P