[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Rules and Regulations]
[Pages 82260-82261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25981]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0908]
RIN 1625-AA00


Safety Zone; Lake Charles, Lake Charles, LA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters within a 1,000-foot radius of a fireworks launch 
barge in Lake Charles, LA. This safety zone is necessary to protect 
persons and vessels from hazards associated with a fireworks display. 
This regulation prohibits persons and vessels from entering the safety 
zone unless authorized by the Captain of the Port, Marine Safety Unit 
Port Arthur, or a designated representative.

DATES: This rule is effective from 7 p.m. until 10 p.m. on November 25, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0908 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Mache Mason, U.S. Coast Guard; telephone 337-
912-0073, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Port Arthur
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 is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. The NPRM process 
would delay the establishment of the safety zone until after the 
fireworks event on November 25, 2023, and compromise public safety. The 
Coast Guard must establish this temporary safety zone immediately and 
lacks sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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 this rule would be 
impracticable because the Coast Guard must establish this safety zone 
by November 25, 2023, to respond to the potential safety hazards 
associated with the fireworks event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
700034. The Captain of the Port Marine Safety Unit Port Arthur (COTP) 
has determined that potential hazards associated with the fireworks 
display at this location would be a safety concern for spectator craft 
and vessels in the vicinity of the designated launch location. 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 the Rule

    This rule establishes a safety zone from 7 p.m. until 10 p.m. on 
November 25, 2023. The safety zone will cover all navigable waters 
within a 1000-foot radius of a fireworks launch barge located at 
30[deg]13'45'' N and 93[deg]13'34'' W. The duration of the safety zone 
is intended to protect participants, spectators, and other persons and 
vessels, in the nearby navigable waters during the fireworks display.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on size, location, 
and duration of the safety zone. Smaller vessel traffic will be able to 
safely transit around this safety zone which would impact a small, 
designated area of Lake Charles for 3 hours. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone, and the rule would allow vessels to seek permission to 
enter the zone.

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 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 
call or email 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

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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.

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, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 3 hours that will prohibit entry within a 
1000-foot radius of a fireworks launch barge. 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. 1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T08-0908 to read as follows:


Sec.  165.T08-0908  Safety Zone; Lake Charles, Lake Charles, LA

    (a) Location. All navigable waters within a 1000-ft radius of the 
fireworks barge anchored in approximate position 30[deg]13'45'' N and 
093[deg]13'34'' W, on Lake Charles.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Marine Safety Unit Port Arthur (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulation in 
subpart C of this part, entry of vessels or persons into this zone is 
prohibited unless authorized by the COTP or a designated 
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative on VHF-FM channel 13 or 16, or by phone at telephone at 
337-912-0073.
    (3) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official 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.
    (4) 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.
    (d) Enforcement period. This section will be enforced from 7 p.m. 
to 10 p.m. on November 25, 2023.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement through Broadcast Notices to Mariners and/or Marine Safety 
Information Bulletins as appropriate.

    Dated: November 17, 2023.
A.R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port 
Arthur.
[FR Doc. 2023-25981 Filed 11-22-23; 8:45 am]
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