[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Rules and Regulations]
[Pages 61694-61696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28145]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1077]
RIN 1625-AA00


Safety Zone; Mississippi River, Baton Rouge, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters from mile marker (MM) 229.5 to MM 230.5 Above Head 
of Passes on the Lower Mississippi River. This temporary safety zone is 
necessary to provide for the safety of life on these navigable waters 
near downtown, Baton Rouge, LA, during a fireworks display on December 
31, 2017. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector New 
Orleans or a designated representative.

DATES: This rule is effective from 11:30 p.m. on December 31, 2017, 
through 1 a.m. on January 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1077 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 on this rule, 
call or email Lieutenant Raymond Wagner, Marine Safety Unit Baton 
Rouge, U.S. Coast Guard; telephone 225-298-5400 ext. 230, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes
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

    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 impractical and contrary to 
public interest. We must establish this safety zone by December 31, 
2017. It is impracticable to publish an NPRM because we lack sufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing the rule. It is also contrary to public 
interest as it would delay the safety measures necessary to protect 
life and property from the possible hazards associated with the 
display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. Waiting a full 30 days after publication in the 
Federal Register is contrary to the public interest as that would delay 
the effectiveness of the safety zone until after the planned fireworks 
event. Immediate action is needed to protect vessels and mariners from 
the safety hazards associated with an aerial fireworks display over the 
waterway. The Coast Guard will notify the public and maritime community 
that the safety zone will be in effect and of the enforcement periods 
via broadcast notices to mariners.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector New Orleans (COTP) has determined 
that potential hazards associated with the fireworks display on 
December 31, 2017 will be a safety concern for any vessels or persons 
in the vicinity of the launch area between mile marker (MM) 229.5 and 
MM 230.5 Above Head of Passes (AHP) on the Lower Mississippi River. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
fireworks display.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the 
Lower Mississippi River for 1 hour and 30 minutes on the night of 
December 31, 2017. The safety zone will include all navigable waters of 
the Lower Mississippi River in Baton Rouge, LA, from mile marker (MM) 
229.5 to MM

[[Page 61695]]

230.5, AHP. Entry into this zone is prohibited unless permission has 
been granted by the COTP or a designated representative. Public 
notifications will be made to the local maritime community prior to the 
event through broadcast notice to mariners. Mariners and other members 
of the public may also contact the COTP to inquire about the safety 
zone by telephone at (225) 298-5400 ext. 230.

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 size, 
location, duration, and time-of-year of the safety zone. This temporary 
safety zone will only restrict navigation on the Lower Mississippi 
River on an area of less than 2 miles and for 1 hour and 30 minutes on 
the night of December 31, 2017. Due to the limited scope and short 
duration of the safety zone, the impacts on routine navigation are 
expected to be minimal.

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 
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 above.

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 
Management 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 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 establishment of a temporary safety zone for all waters 
of the Lower Mississippi River from MM 229.5 to MM 230.5 AHP. 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:

[[Page 61696]]

PART 165--SPECIFIC 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. Add Sec.  165.T08-1077 to read as follows:


Sec.  165.T08-1077  Safety Zone; Fireworks Display Lower Mississippi 
River mile marker (MM) 229.5 to MM 230.5, Baton Rouge, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River from mile marker 229.5 to mile 
marker 230.5 Above Head of Passes, Baton Rouge, LA.
    (b) 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 New Orleans (COTP) or the COTP's designated representative.
    (2) To seek permission to enter, vessels must request permission 
from the COTP or a designated representative. The designated 
representative can be contacted on VHF-FM Channel 16 or 67, or through 
the Marine Safety Unit Baton Rouge Officer of the Day at 225-281-4789.
    (3) Persons and vessels permitted to enter this temporary safety 
zone must transit at the slowest speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (c) Enforcement period. This section will be enforced from 11:30 
p.m. on December 31, 2017, through 1 a.m. on January 1, 2018.

    Dated: December 22, 2017
K.M. Luttrell,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector New 
Orleans.
[FR Doc. 2017-28145 Filed 12-28-17; 8:45 am]
 BILLING CODE 9110-04-P


