[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Proposed Rules]
[Pages 45584-45587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19588]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0736]
RIN 1625-AA00


Safety Zones; Coast Guard Sector New Orleans Annual and Recurring 
Safety Zones

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its safety zone regulations 
for annual events in Coast Guard Sector New Orleans' area of 
responsibility. This proposed rule would add four new recurring safety 
zones and amend the location or dates for two events already listed in 
the table. This action is necessary to protect spectators, 
participants, and vessels from the hazards associated with annual 
marine events. This proposed rulemaking would prohibit entry into the 
safety zones during the events unless authorized by the Captain of the 
Port Sector New Orleans or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 10, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0736 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 Benjamin 
Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, 
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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Captain of the Port Sector New Orleans (COTP) proposes to amend 
Table 5 of 33 CFR 165.801 to update the table of annual firework 
displays and other marine events in Coast Guard Sector New Orleans. The 
current list of annual and recurring safety zones in Sector New Orleans 
is published in Table 5 of 33 CFR 165.801. That most recent table was 
created through the interim final rule published on April 22, 2014 (79 
FR 22398). The current Table 5 in 33 CFR 165.801 needs to be amended to 
include new safety zones expected to recur annually and provide new 
information on two existing safety zones.
    The proposed annually recurring safety zones are necessary to 
provide for the safety of life on navigable waters during marine 
events. Based on the nature of these marine events, large numbers of 
participants and spectators, and locations of the events, the COTP has 
determined that the events listed in this proposed rule could pose a 
risk to participants or waterway users if the normal vessel traffic 
were to interfere with the events. Possible hazards include risks of 
injury or death from near or actual contact among participant vessels 
and spectators or mariners traversing through the safety zones. In 
order to protect the safety of all waterway users, including event 
participants and spectators, this proposed rule would establish safety 
zones for the time and location of each marine event.
    This purpose of this proposed rulemaking is to ensure the safety of 
vessels on the navigable waters in the safety zones during the 
scheduled events. Vessels would not be permitted to enter the safety 
zone unless authorized by the COTP or a designated representative. The 
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to amend its safety zone regulations for annual 
events in Coast Guard Sector New Orleans listed in Table 5 of 33 CFR 
165.801. From time to time this section needs to be amended to properly 
reflect recurring safety zones in Sector New Orleans' area of 
responsibility. This rule would add four new recurring safety zones and 
amend the location or dates of two safety zones already listed in the 
current table. Other than the described changes, the regulations of 33 
CFR 165.801 and other provisions in Table 5 of Sec.  165.801 would 
remain unchanged.
    The Coast Guard proposes to revise regulations in Table 5 of 33 CFR 
165.801 by adding four new safety zones. The safety zones being added 
to Table 5 are below:

----------------------------------------------------------------------------------------------------------------
                                                               Sector New Orleans
                Date                      Sponsor/name              location                 Safety zone
----------------------------------------------------------------------------------------------------------------
Saturday before Labor Day..........  Baton Rouge Paddle      Baton Rouge, LA.......  Mississippi River from mile
                                      Club and Muddy water                            marker 215 to 230.4, Baton
                                      Paddle Co./Big River                            Rouge, LA.
                                      Regional.
July 4th...........................  L'Auberge Casino Baton  Baton Rouge, LA.......  Mississippi River from mile
                                      Rouge/July 4th                                  marker 216.0 to 217.5,
                                      Celebration.                                    Baton Rouge, LA.

[[Page 45585]]

 
July 4th...........................  Madisonville Old        Madisonville, LA......  Tchefuncte River, at
                                      Fashion 4th of July.                            approximate position
                                                                                      30[deg]24'11.63'' N
                                                                                      090[deg]09'17.39 W, in
                                                                                      front of the Madisonville
                                                                                      Town Hall.
Weekend before July 4th............  Mandeville July 4th     Mandeville, LA........  Approximately 600' off the
                                      Celebration.                                    shore of the Mandeville
                                                                                      Lakefront 30 21'12.03'' N
                                                                                      90 04'28.95'' W.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard also proposes to revise regulations in Table 5 of 
33 CFR 165.801 by amending two existing safety zones listed in the 
table. The first safety zone to be amended is tiled as St. John the 
Baptist Parish Independence Celebration Fireworks. This safety zone is 
currently listed to occur at the location of mile marker (MM) 175 to MM 
176 on the Lower Mississippi River, above Head of Passes, Reserve, LA. 
This location contains a typo, which the Coast Guard proposes to amend 
to reflect the correct location in Reserve, LA. The second safety zone 
to be amended is titled as Independence Day Celebration, Main Street 
4th of July (Fireworks Display). The date for this safety zone is 
currently listed as 4th of July. The Coast Guard proposes to amend the 
date format to conform to the format of other dates listed in the 
table. The proposed amendments are below:

----------------------------------------------------------------------------------------------------------------
                                                                  Sector New Orleans
               Date                        Sponsor/name                location               Safety zone
----------------------------------------------------------------------------------------------------------------
2. July 3.........................  St. John the Baptist        Reserve, LA..........  Mississippi River from
                                     Parish Independence                                mile marker 137.5 to
                                     Celebration Fireworks.                             138.5, Reserve, LA.
5. July 4.........................  Independence Day            Morgan City, LA......  Morgan City Port Allen
                                     Celebration, Main Street                           Route mile marker 0.0 to
                                     4th of July (Fireworks                             1.0, Morgan City, LA.
                                     Display).
----------------------------------------------------------------------------------------------------------------

    The proposed amendments to these safety zones are necessary to 
ensure the safety of vessels, spectators, and participants during 
annual events taking place on or near the navigable waters in Sector 
New Orleans' area of responsibility. Although this proposed rule would 
be in effect year-round, the specific safety zones listed in Table 5 of 
33 CFR 165.801 would only be enforced during a specified period of time 
coinciding with the happening of the annual events listed. In 
accordance with the regulations listed in 33 CFR 165.801(a)-(d), entry 
into these safety zones would be prohibited unless authorized by the 
COTP or a designated representative. The regulatory text of the 
proposed updates to Table 5 of Sec.  165.801 appears at the end of this 
document.

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 approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (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, 
location, and duration of the safety zones. These safety zones are 
limited in size and duration, and are usually positioned away from high 
vessel traffic zones. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zones, and 
the rule would allow vessels to seek permission to enter the zones.

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 
proposed 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 (Pub. L. 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

[[Page 45586]]

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 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 proposed action is one of a category of actions 
that do not individually or cumulatively have a significant effect on 
the human environment. This proposed rule involves the establishment of 
safety zones limiting access to certain areas in Sector New Orleans' 
area of responsibility. Normally such actions are 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. 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 any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    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 website'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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the U.S. 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. In Sec.  165.801, revise Table 5 to read as follows:

                 Table 5 of Sec.   165.801--Sector New Orleans Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                   Sector New Orleans
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. Monday before Mardi Gras..........  Riverwalk Marketplace/   Mississippi River, New   Mississippi River mile
                                        Lundi Gras Fireworks     Orleans, LA.             marker 93.0 to 96.0,
                                        Display.                                          New Orleans, LA.
2. July 3rd..........................  St. John the Baptist/    Mississippi River,       Mississippi River mile
                                        Independence Day         Reserve, LA.             marker 137.5 to 138.5,
                                        celebration.                                      Reserve, LA.
3. July 4th..........................  Riverfront Marketing     Mississippi River, New   Mississippi River mile
                                        Group/Independence Day   Orleans, LA.             marker 94.3 to 95.3,
                                        Celebration.                                      New Orleans, LA.
4. July 4th..........................  Boomtown Casino/         Harvey Canal, Harvey,    Harvey Canal mile
                                        Independence Day         LA.                      marker 4.0 to 5.0,
                                        Celebration.                                      Harvey, LA.
5. July 4th..........................  Independence Day         Morgan City, LA........  Morgan City Port Allen
                                        Celebration, Main                                 Route mile marker 0.0
                                        Street 4th of July                                to 1.0, Morgan City,
                                        (Fireworks Display).                              LA.
6. July 4th..........................  WBRZ--The Advocate 4th   Baton Rouge, LA........  In the vicinity of the
                                        of July Fireworks                                 USS Kidd, the Lower
                                        Display.                                          Mississippi River from
                                                                                          mile marker 228.8 to
                                                                                          230.0, Baton Rouge,
                                                                                          LA.

[[Page 45587]]

 
7. The Saturday before July 4th or on  Independence Day         Grand Isle, LA.........  500 Foot Radius from
 July 4th if that day is a Saturday.    Celebration/Bridge                                the Pier located at
                                        Side Marine.                                      Bridge Side Marine,
                                                                                          2012 LA Highway 1,
                                                                                          Grand Isle, LA (Lat:
                                                                                          29[deg]12'14'' N;
                                                                                          Long:
                                                                                          090[deg]02'28.47'' W).
8. 1st Weekend of September..........  LA Shrimp and Petroleum  Morgan City, LA........  Atchafalaya River at
                                        Festival Fireworks                                mile marker 118.5,
                                        Display, LA Shrimp and                            Morgan City, LA.
                                        Petroleum Festival and
                                        Fair Association.
9. 1st Weekend in December (Usually    Office of Mayor-         Baton Rouge, LA........  Located on Left
 that Friday, subject to change due     President/Downtown                                Descending Bank, Lower
 to weather).                           Festival of Lights.                               Mississippi River
                                                                                          north of the USS Kidd,
                                                                                          at mile marker 230,
                                                                                          Baton Rouge, LA.
10. December 31st....................  Crescent City Countdown  Mississippi River, New   Mississippi River mile
                                        Club/New Year's          Orleans, LA.             marker 93.5-96.5, New
                                        Celebration.                                      Orleans, LA.
11. December 31st....................  Boomtown Casino/New      Harvey Canal, Harvey,    Harvey Canal mile
                                        Year's Celebration.      LA.                      marker 4.0 to 5.0,
                                                                                          Harvey, LA.
12. July 4th.........................  USS Kidd Veterans        Baton Rouge, LA........  In the vicinity of the
                                        Memorial/Fourth of                                USS Kidd, the Lower
                                        July Star-Spangled                                Mississippi River from
                                        Celebration.                                      mile marker 228.8 to
                                                                                          230.0, Baton Rouge,
                                                                                          LA.
13. Saturday before Labor Day........  Baton Rouge Paddle Club  Baton Rouge, LA........  Mississippi River from
                                        and Muddy water Paddle                            mile marker 215 to
                                        Co./Big River Regional.                           230.4, Baton Rouge, LA
14. July 4th.........................  L'Auberge Casino Baton   Baton Rouge, LA........  Mississippi River from
                                        Rouge/July 4th                                    mile marker 216.0 to
                                        Celebration.                                      217.5, Baton Rouge, LA
15. July 4th.........................  Madisonville Old         Madisonville, LA.......  Tchefuncte River, at
                                        Fashion 4th of July.                              approximate position
                                                                                          30[deg]24'11.63'' N
                                                                                          090[deg]09'17.39 W, in
                                                                                          front of the
                                                                                          Madisonville Town
                                                                                          Hall.
16. Weekend before July 4th..........  Mandeville July 4th      Mandeville, LA.........  Approximately 600' off
                                        Celebration.                                      the shore of the
                                                                                          Mandeville Lakefront
                                                                                          30 21'12.03'' N 90
                                                                                          04'28.95'' W
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    Dated: August 10, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-19588 Filed 9-7-18; 8:45 am]
 BILLING CODE 9110-04-P