[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24389-24391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11005]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0243]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
between mile marker (MM) 99.5 and MM 100.5 Above Head of Passes, Lower 
Mississippi River, New Orleans, LA. This action is necessary to provide 
for the safety of life on these navigable waters near New Orleans, LA, 
during a fireworks display on June 20, 2019. This rule prohibits 
persons and vessels from entering the safety zone unless authorized by 
the Captain of the Port New Orleans or a designated representative.

DATES: This rule is effective from 8:45 p.m. through 9:45 p.m. on June 
20, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0243 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 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 Information and Regulatory History

    On April 11, 2019, MIP Inc. notified the Coast Guard that they 
would be conducting a fireworks display at 9:45 on June 20, 2019. The 
fireworks are to be launched from a barge at the approximate mile maker 
(MM) 100 Above Head of Passes, Lower

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Mississippi River, New Orleans, LA. In response, on April 19, 2019, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Lower Mississippi River; New Orleans, LA (84 FR 16419). 
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 May 20, 2019, we received no comments.
    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. Delaying the effective date of 
this rule would be impracticable and against the public interest 
because immediate action is needed to respond to the potential safety 
hazards associated with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector New 
Orleans (COTP) has determined that a temporary safety zone is necessary 
to provide for the safety of life and vessels transiting the area where 
the fireworks will be launched. The fireworks display is scheduled to 
take place at 9:15 p.m. on June 20, 2019, in the navigable waters of 
the Lower Mississippi River at New Orleans, LA. The purpose of this 
rule is to ensure safety of vessels and the navigable waters in the 
safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
19, 2019. There is only one minor change in the regulatory text of this 
rule from the proposed rule in the NPRM, in which the new event start 
time has changed from 9:30 p.m. to 8:45 p.m. and the end time from 
10:30 p.m. to 9:45 p.m. on June 20, 2019.
    This rule establishes a safety zone from 8:45 p.m. through 9:45 
p.m. on June 20, 2019. The safety zone will cover all navigable waters 
between MM 99.5 and 100.5 Above Head of Passes, Lower Mississippi 
River, New Orleans, LA. The duration of the zone is intended to ensure 
the safety of vessels and 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. 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.

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 location, 
time, and duration of the safety zone. The safety zone will only be 
enforced for a one hour period on the evening of June 20, 2019 between 
MMs 99.5 and 100.5 Above Head of Passes, Lower Mississippi River, New 
Orleans, LA.

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 
temporary 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

[[Page 24391]]

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 a 
safety zone lasting only one hour that will prohibit entry between mile 
marker (MM) 99.5 and 100.5 Above Head of Passes, Lower Mississippi 
River, New Orleans, LA. 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: 46 U.S.C. 70034, 70051; 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.T08-0243 to read as follows:


Sec.  165.T08-0243  Safety Zone; Lower Mississippi River, New Orleans, 
LA.

    (a) Location. The following area is a safety zone: All navigable 
waters between mile marker (MM) 99.5 and 100.5 Above Head of Passes 
(AHP), Lower Mississippi River, New Orleans, LA.
    (b) Effective period. This section is effective from 8:45 p.m. 
through 9:45 p.m. on June 20, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into or remaining within this zone 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 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) 365-2544.
    (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 times and date for this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: May 21, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-11005 Filed 5-24-19; 8:45 am]
 BILLING CODE 9110-04-P