[Federal Register Volume 83, Number 215 (Tuesday, November 6, 2018)]
[Rules and Regulations]
[Pages 55488-55491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24230]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0736]
RIN 1625-AA00


Safety Zones; Coast Guard Sector New Orleans Annual and Recurring 
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its safety zone regulations for 
annual events in Coast Guard Sector New Orleans' area of 
responsibility. This rule adds four new recurring safety zones and 
amends the location or dates for two events already listed in the 
table. This action is necessary to protect spectators, participants, 
and vessels from the hazards associated with annual marine events. This 
rulemaking would prohibit entry into the safety zones during the events 
unless authorized by the Captain of the Port Sector New Orleans or a 
designated representative.

DATES: This rule is effective December 6, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0736 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 rule, 
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

    The Captain of the Port Sector New Orleans (COTP) is amending Table 
5 of 33 CFR 165.801 to update the table of annual firework displays and 
other marine events in Coast Guard Sector New Orleans' area of 
responsibility. The current list of annual and recurring safety zones 
in Sector New Orleans is published in Table 5 of 33 CFR 165.801. That 
most recent table was created through the interim final rule published 
on April 22, 2014 (79 FR 22398). The current Table 5 in 33 CFR 165.801 
will be amended to include new safety zones expected to recur annually 
and provide new information on two existing safety zones.
    On September 10, 2018, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zones; Coast Guard Sector New 
Orleans Annual and Recurring Safety Zones (83 FR 45584). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this change to the annual and reoccurring 
safety zones listed in Table 5 of 33 CFR 165.801. During the comment 
period that ended on October 10, 2018, we received no comments.

[[Page 55489]]

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 it is necessary to amend Table 5 of 33 CFR 165.801 to update the 
table of annual firework displays and other marine events in Coast 
Guard Sector New Orleans' area of responsibility. The current list of 
annual and recurring safety zones in Sector New Orleans is published in 
Table 5 of 33 CFR 165.801. That most recent table was created through 
the interim final rule published on April 22, 2014 (79 FR 22398). The 
current Table 5 in 33 CFR 165.801 needs to be amended to include new 
safety zones expected to recur annually and provide new information on 
two existing safety zones.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
September 10, 2018. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule amends the safety zone regulations for annual events in 
Coast Guard Sector New Orleans listed in Table 5 of 33 CFR 165.801. 
From time to time this section needs to be amended to properly reflect 
recurring safety zones in Sector New Orleans' area of responsibility. 
This rule will add four new recurring safety zones and amend the 
location or dates of two safety zones already listed in the current 
table. Other than the described changes, the regulations of 33 CFR 
165.801 and other provisions in Table 5 of Sec.  165.801 would remain 
unchanged.
    The Coast Guard revises regulations in Table 5 of 33 CFR 165.801 by 
adding four new safety zones. The safety zones being added to Table 5 
are below:

----------------------------------------------------------------------------------------------------------------
                                                                   Sector New Orleans
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
Saturday before Labor Day............  Baton Rouge Paddle Club  Baton Rouge, LA........  Mississippi River from
                                        and Muddy water Paddle                            mile marker 215 to
                                        Co./Big River Regional.                           230.4, Baton Rouge,
                                                                                          LA.
July 4th.............................  L'Auberge Casino Baton   Baton Rouge, LA........  Mississippi River from
                                        Rouge/July 4th                                    mile marker 216.0 to
                                        Celebration.                                      217.5, Baton Rouge,
                                                                                          LA.
July 4th.............................  Madisonville Old         Madisonville, LA.......  Tchefuncte River, at
                                        Fashioned 4th of July.                            approximate position
                                                                                          30[deg]24'11.63'' N
                                                                                          090[deg]09'17.39 W, in
                                                                                          front of the
                                                                                          Madisonville Town
                                                                                          Hall.
Weekend before July 4th..............  Mandeville July 4th      Mandeville, LA.........  Approximately 600' off
                                        Celebration.                                      the shore of the
                                                                                          Mandeville Lakefront
                                                                                          30[deg]21'12.03'' N
                                                                                          90[deg]04' 28.95'' W.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard revises regulations in Table 5 of 33 CFR 165.801 by 
amending two existing safety zones listed in the table. The first 
safety zone to be amended is tiled as St. John the Baptist Parish 
Independence Celebration Fireworks. This safety zone is currently 
listed to occur at the location of mile marker (MM) 175 to MM 176 on 
the Lower Mississippi River, above Head of Passes, Reserve, LA. This 
location contains a typo, which the Coast Guard amends to reflect the 
correct location in Reserve, LA. The second safety zone to be amended 
is titled as Independence Day Celebration, Main Street 4th of July 
(Fireworks Display). The date for this safety zone is currently listed 
as 4th of July. The Coast Guard amends the date format to conform to 
the format of other dates listed in the table. The amendments are 
below:

----------------------------------------------------------------------------------------------------------------
                                                                   Sector New Orleans
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
2. July 3............................  St. John the Baptist     Reserve, LA............  Mississippi River from
                                        Parish Independence                               mile marker 137.5 to
                                        Celebration Fireworks.                            138.5, Reserve, LA.
5. July 4............................  Independence Day         Morgan City, LA........  Morgan City Port Allen
                                        Celebration, Main                                 Route mile marker 0.0
                                        Street 4th of July                                to 1.0, Morgan City,
                                        (Fireworks Display).                              LA.
----------------------------------------------------------------------------------------------------------------

    The amendments to these safety zones are necessary to ensure the 
safety of vessels, spectators, and participants during annual events 
taking place on or near the navigable waters in Sector New Orleans' 
area of responsibility. Although this rule will be in effect year-
round, the specific safety zones listed in Table 5 of 33 CFR 165.801 
will only be enforced during a specified period of time coinciding with 
the happening of the annual events listed. In accordance with the 
regulations listed in 33 CFR 165.801(a) through (d), entry into these 
safety zones is prohibited unless authorized by the COTP or a 
designated representative. The regulatory text of the updates to Table 
5 of Sec.  165.801 appears at the end of this document.

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, and duration of the safety zones. These safety zones are 
limited in size and duration, and are usually positioned away from high 
vessel traffic zones. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zones, and 
the rule would allow vessels to seek permission to enter the zones.

[[Page 55490]]

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 zones may be small entities, for the reasons stated in section 
IV.A above, this rule would 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 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 
the establishment of safety zones limiting access to certain areas in 
Sector New Orleans' area of responsibility. Such actions are 
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: 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. In Sec.  165.801, revise Table 5 to read as follows:


Sec.  165.801   Annual fireworks displays and other events in the 
Eighth Coast Guard District requiring safety zones.

* * * * *

                 Table 5 of Sec.   165.801--Sector New Orleans Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                   Sector New Orleans
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. Monday before Mardi Gras..........  Riverwalk Marketplace/   Mississippi River, New   Mississippi River mile
                                        Lundi Gras Fireworks     Orleans, LA.             marker 93.0 to 96.0,
                                        Display.                                          New Orleans, LA.
2. July 3rd..........................  St. John the Baptist/    Mississippi River,       Mississippi River mile
                                        Independence Day         Reserve, LA.             marker 137.5 to 138.5,
                                        celebration.                                      Reserve, LA.
3. July 4th..........................  Riverfront Marketing     Mississippi River, New   Mississippi River mile
                                        Group/Independence Day   Orleans, LA.             marker 94.3 to 95.3,
                                        Celebration.                                      New Orleans, LA.
4. July 4th..........................  Boomtown Casino/         Harvey Canal, Harvey,    Harvey Canal mile
                                        Independence Day         LA.                      marker 4.0 to 5.0,
                                        Celebration.                                      Harvey, LA.

[[Page 55491]]

 
5. July 4th..........................  Independence Day         Morgan City, LA........  Morgan City Port Allen
                                        Celebration, Main                                 Route mile marker 0.0
                                        Street 4th of July                                to 1.0, Morgan City,
                                        (Fireworks Display).                              LA.
6. July 4th..........................  WBRZ--The Advocate 4th   Baton Rouge, LA........  In the vicinity of the
                                        of July Fireworks                                 USS Kidd, the Lower
                                        Display.                                          Mississippi River from
                                                                                          mile marker 228.8 to
                                                                                          230.0, Baton Rouge,
                                                                                          LA.
7. The Saturday before July 4th or on  Independence Day         Grand Isle, LA.........  500 Foot Radius from
 July 4th if that day is a Saturday.    Celebration/Bridge                                the Pier located at
                                        Side Marine.                                      Bridge Side Marine,
                                                                                          2012 LA Highway 1,
                                                                                          Grand Isle, LA (Lat:
                                                                                          29[deg]12'14'' N;
                                                                                          Long:
                                                                                          090[deg]02'28.47'' W).
8. 1st Weekend of September..........  LA Shrimp and Petroleum  Morgan City, LA........  Atchafalaya River at
                                        Festival Fireworks                                mile marker 118.5,
                                        Display, LA Shrimp and                            Morgan City, LA.
                                        Petroleum Festival and
                                        Fair Association.
9. 1st Weekend in December (Usually    Office of Mayor-         Baton Rouge, LA........  Located on Left
 that Friday, subject to change due     President/Downtown                                Descending Bank, Lower
 to weather).                           Festival of Lights.                               Mississippi River
                                                                                          north of the USS Kidd,
                                                                                          at mile marker 230,
                                                                                          Baton Rouge, LA.
10. December 31st....................  Crescent City Countdown  Mississippi River, New   Mississippi River mile
                                        Club/New Year's          Orleans, LA.             marker 93.5-96.5, New
                                        Celebration.                                      Orleans, LA.
11. December 31st....................  Boomtown Casino/New      Harvey Canal, Harvey,    Harvey Canal mile
                                        Year's Celebration.      LA.                      marker 4.0 to 5.0,
                                                                                          Harvey, LA.
12. July 4th.........................  USS Kidd Veterans        Baton Rouge, LA........  In the vicinity of the
                                        Memorial/Fourth of                                USS Kidd, the Lower
                                        July Star-Spangled                                Mississippi River from
                                        Celebration.                                      mile marker 228.8 to
                                                                                          230.0, Baton Rouge,
                                                                                          LA.
13. Saturday before Labor Day........  Baton Rouge Paddle Club  Baton Rouge, LA........  Mississippi River from
                                        and Muddy Water Paddle                            mile marker 215 to
                                        Co./Big River Regional.                           230.4, Baton Rouge,
                                                                                          LA.
14. July 4th.........................  L'Auberge Casino Baton   Baton Rouge, LA........  Mississippi River from
                                        Rouge/July 4th                                    mile marker 216.0 to
                                        Celebration.                                      217.5, Baton Rouge,
                                                                                          LA.
15. July 4th.........................  Madisonville Old         Madisonville, LA.......  Tchefuncte River, at
                                        Fashioned 4th of July.                            approximate position
                                                                                          30[deg]24'11.63'' N
                                                                                          090[deg]09'17.39'' W,
                                                                                          in front of the
                                                                                          Madisonville Town
                                                                                          Hall.
16. Weekend before July 4th..........  Mandeville July 4th      Mandeville, LA.........  Approximately 600' off
                                        Celebration.                                      the shore of the
                                                                                          Mandeville Lakefront
                                                                                          30[deg]21'12.03'' N
                                                                                          90[deg]04' 28.95'' W.
----------------------------------------------------------------------------------------------------------------


    Dated: October 31, 2018.
W.E. Watson,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector New 
Orleans.
[FR Doc. 2018-24230 Filed 11-5-18; 8:45 am]
 BILLING CODE 9110-04-P


