[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Rules and Regulations]
[Pages 54351-54353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14374]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0119]
RIN 1625-AA00


Safety Zone; Reoccurring Firework Displays Near Convention Center 
on the Mobile River; Mobile, AL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for reoccurring 
firework displays on the Mobile River in the vicinity of the Arthur R. 
Outlaw Convention Center in Mobile, AL. The safety zone will be 
enforced only during the firework displays. Establishment of this 
safety zone is necessary to protect waterway users and vessels from 
potential hazards associated with these firework displays. This 
rulemaking will prohibit entry into the safety zone during the firework 
displays unless authorized by the Captain of the Port Mobile (COTP), or 
a COTP designated representative.

DATES: This rule is effective July 31, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0119 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 Lawrence J. Schad, Waterways Management, 
Sector Mobile, U.S. Coast Guard; telephone 251-382-8653, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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 receives numerous event applications for firework 
displays on the Mobile River, to be held in the vicinity of the Arthur 
R. Outlaw Convention Center in Mobile, AL. These displays are sponsored 
by multiple organizations and held sporadically throughout the year. 
Based on previous years, approximately five to ten displays are 
expected to be held on any given year. The purpose of this rule is to 
ensure the safety of vessels, participants, and waterways users within 
a 100-yard radius of the fireworks barge immediately before, during, 
and after scheduled events. In response, on March 14, 2024, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety 
Zone; Reoccurring Firework Displays Near Convention Center on the 
Mobile River, Mobile, AL'' (89 FR 18583). There we stated why we issued 
the NPRM and invited comments on our proposed regulatory action related 
to these fireworks displays. During the comment period that ended April 
15, 2024, we received one comment which favored the establishment of 
the safety zone. The final rule is unchanged from that which we 
proposed in the NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Mobile Region (COTP) has 
determined that potential hazards associated with the fireworks to be 
used in these reoccurring firework displays will be a safety concern 
for anyone within a 100-yard radius of the barge. 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 one comment on our NPRM published March 
14, 2024, that was in favor of the rulemaking. There are no changes in 
the regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes a reoccurring safety zone covering all 
navigable waters within a 100-yard radius of barge-based firework 
displays on the Mobile River. The safety zone will be subject to 
enforcement for approximately one hour when a barge-based fireworks 
display is scheduled to occur. No person will be allowed within 100 
yards of the fireworks barges immediately before, during, and 
immediately after firework displays. The duration of the zone is 
intended to ensure the safety of vessels and these navigable waters 
before, during, and after the fireworks display. No vessel or person 
will be permitted to enter the safety zone without obtaining permission 
from the COTP, or a COTP 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 the size, 
location, duration, and time of day of the safety zone. Vessel traffic 
may be able to safely transit around this safety zone which w impact a 
small, designated area of the Mobile River for less than 1 hour during 
the evening for the duration of the firework display.

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 
safety zone may be small entities, for the reasons stated in section 
V.A above, this

[[Page 54352]]

rule will not have a significant economic impact on any vessel owner or 
operator due to the limited duration this rule will be enforced.
    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 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 immediately before, during, and immediately after the 
firework displays which will prohibit entry within 100 yards of a barge 
in which the fireworks are being fired from on the Mobile River, 
located in the vicinity of the Arthur R. Outlaw Convention Center in 
Mobile, AL. 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.  165.834 to read as follows:


Sec.  165.834  Safety Zone; Reoccurring Firework Displays near 
Convention Center on the Mobile River, Mobile, AL.

    (a) Location. The following area is a safety zone: All navigable 
waters on the Mobile River 100 yards in all directions from any barges 
holding fireworks immediately before, during, and immediately after 
firework displays. The barges will generally be located in the Mobile 
River in the vicinity of the Arthur R. Outlaw Convention Center.
    (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 Mobile.] (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the Captain of the 
Port Sector Mobile (COTP) or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF CH-16. Those in the safety zone must comply with 
all lawful orders or directions given to them by the COTP or the COTP's 
designated representative.
    (d) Notification. COTP will use all appropriate means to notify the 
public in advance of an event of the enforcement of this safety zone 
either by publishing a Notice of Enforcement in the Federal Register or 
through the local Notice to Mariners and Broadcast Notice to Mariners. 
Such notifications will include the date and times of enforcement, 
along with any pre-determined conditions of entry. Firework barges will 
also have a sign on their port and starboard side labeled ``FIREWORKS--
STAY AWAY''. This sign will consist of a ten inch high by one and half 
inch wide red lettering on a white background.
    (e) Enforcement period. This rule will be enforced anytime 
immediately before, during, and immediately after a barge is conducting 
firework displays on the Mobile River. The Coast Guard

[[Page 54353]]

anticipates that these safety zones will be enforced for a one hour 
duration for each display, between 7 p.m. and 1 a.m. The exact dates 
and times will be announced as described in paragraph (d) of this 
section.

    Dated: June 24, 2024.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2024-14374 Filed 6-28-24; 8:45 am]
BILLING CODE 9110-04-P