[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Proposed Rules]
[Pages 6989-6992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03645]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0058]
RIN 1625-AA08
Special Local Regulation; Lake Pontchartrain, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposed to establish a temporary special
local regulation for certain navigable waters of Lake Pontchartrain in
New Orleans, LA. This action is necessary to protect
[[Page 6990]]
persons and vessels from potential hazards created by the Kenner Super
Boat Grand Prix Race. Entry of vessels or persons into this zone would
be prohibited 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 April 1, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0058 using the Federal eRulemaking Portal at https://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
On January 19, 2019, Super Boat International Productions (SBIP)
notified the Coast Guard that it would be conducting the Kenner Super
Boat Grand Prix boat race from 10 a.m. to 5 p.m. on June 23, 2019. The
race will take place on Lake Pontchartrain within the following
coordinates: 30[deg]03.056' N/090[deg]15.489' W to 30[deg]02.500' N/
090[deg]13.547' W to 30[deg]02.717' N/090[deg]13.460' W to
30[deg]03.252' N/090[deg]15.374' W. The Captain of the Port Sector New
Orleans (COTP) has determined that potential hazards associated with
the race would be a safety concern for anyone within the aforementioned
coordinates. The Coast Guard proposes this rulemaking under authority
in 46 U.S.C. 70041(a).
III. Discussion of Proposed Rule
The COTP proposes to establish a temporary special regulation in
the specified area from 10 a.m. to 5 p.m. on June 23, 2019. The race
zone would cover all navigable waters within the following coordinates
on Lake Pontchartrain in New Orleans, LA: 30[deg]03.056' N/
090[deg]15.489' W to 30[deg]02.500' N/090[deg]13.547' W to
30[deg]02.717' N/090[deg]13.460' W to 30[deg]03.252' N/090[deg]15.374'
W. The duration of the area is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled
marine event. Only predesignated vessel(s) or person(s) would be
permitted within the safety zone. The sponsor would designate a
spectator zone on the north side of the race zone, as defined by the
aforementioned coordinates, for vessels. No additional vessel(s) or
person(s) would be 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. Vessels requiring entry into this regulated area
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 this regulated
area must transit at their slowest safe speed and comply with all
lawful directions issued by the COTP or the designated representative.
No spectator vessel would be allowed to anchor, block, loiter, or
impede the through transit of participants or a designated patrol
vessel in the regulated area during the effective dates and times,
unless cleared for entry by the COTP or the designated representative.
Any spectator vessel may anchor outside the regulated area. Spectator
vessels might be moored to a waterfront facility within the regulated
area in such a way that they would not interfere with the progress of
the event. Such mooring would have to be complete at least 30 minutes
prior to the establishment of the regulated area and remain moored
through the duration of the event.
The COTP or a designated representative might forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by a designated patrol vessel, a vessel would come to an
immediate stop and comply with the directions given. Failure to do so
might result in expulsion from the area, citation for failure to
comply, or both. The COTP or a designated representative might
terminate the event or the operation of any vessel at any time it is
deemed necessary for the protection of life or property. The COTP or a
designated representative would terminate enforcement of the special
local regulations at the conclusion of the event.
The COTP or a designated representative would inform the public of
the effective period for the safety zone as well as any changes in the
dates and times of enforcement through Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate.
The regulatory text we are proposing 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 and
duration of the temporary special local regulation. The regulated area
would cover a small area of the navigable waters within the following
coordinates on Lake Pontchartrain in New Orleans, LA: 30[deg]03.056' N/
090[deg]15.489' W to 30[deg]02.500' N/090[deg]13.547' W to
30[deg]02.717' N/090[deg]13.460' W to 30[deg]03.252' N/090[deg]15.374'
W. The duration of the regulated area would be seven hours on one day
and would not be expected to significantly affect the vessel traffic on
Lake Pontchartrain. The COTP would allow entry into the area on a case-
by-case basis. Moreover, the Coast Guard would issue a Local Notice to
Mariners (LNM), Marine Safety Information Bulletins (MSIBs), and/or
Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16 about
the zone. This would allow waterway users to plan accordingly for
transits during this restriction.
[[Page 6991]]
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
temporary regulated area 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 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 M16475.1D, 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 proposed rule involves a temporary specially
regulated area lasting seven hours that would prohibit entry into the
area within the following coordinates: 30[deg]03.056' N/090[deg]15.489'
W to 30[deg]02.500' N/090[deg]13.547' W to 30[deg]02.717' N/
090[deg]13.460' W to 30[deg] 03.252' N/090[deg]15.374' W. This action
is categorically excluded from further review under L61 of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary
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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://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 https://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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 is amended to read as follows:
[[Page 6992]]
Authority: 46 U.S.C. 70041(a).
0
2. Add Sec. 100.T08-0058 to read as follows:
Sec. 100.T08-0058 Special Local Regulation; Lake Pontchartrain, New
Orleans, LA.
(a) Location. The following area is a special local regulation:
30[deg]03.056' N/090[deg]15.489' W to 30[deg]02.500' N/090[deg]13.547'
W to 30[deg]02.717' N/0 90[deg]13.460' W to 30[deg]03.252' N/090[deg]'
15.374' W.
(b) Effective period. This section is effective from 10 a.m.
through 5 p.m. on June 23, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, entry into or remaining within this
regulated area is prohibited unless authorized by the Captain of the
Port Sector New Orleans (COTP) or 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.
(2) Vessels requiring entry into this regulated area 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.
(4) No spectator vessel is allowed to anchor, block, loiter, or
impede the through transit of participants or a designated patrol
vessel in the regulated area during the effective dates and times,
unless cleared for entry by the COTP or the designated representative.
(5) Any spectator vessel may anchor outside the regulated area.
Spectator vessels may be moored to a waterfront facility within the
regulated area in such a way that they do not interfere with the
progress of the event. Such mooring have to be complete at least 30
minutes prior to the establishment of the regulated area and remain
moored through the duration of the event.
(6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by a designated patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property. The COTP or a designated
representative will terminate enforcement of the special local
regulations at the conclusion of the event.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
regulated area through Broadcast Notices to Mariners (BNMs), Local
Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins
(MSIBs), as appropriate.
Dated: February 22, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-03645 Filed 2-28-19; 8:45 am]
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