
[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Rules and Regulations]
[Pages 65083-65085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27466]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0960]
RIN 1625-AA08


Safety Zone; Lower Mississippi River, Mile Markers 229.5 to 230.5 
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 of the Lower Mississippi River from mile marker 
(MM) 229.5 to MM 230.5, above Head of Passes. This action is necessary 
to provide for the safety of persons, vessels, and the marine 
environment on these navigable waters near Baton Rouge, LA, during a 
New Year's Eve fireworks display. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Sector New Orleans.

DATES: This rule is effective from 11:30 p.m. on December 31, 2018 
through 1 a.m. on January 1, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0960 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 Justin Maio, Marine Safety Unit Baton Rouge, 
U.S. Coast Guard; telephone 225-298-5400 ext. 230, email 
Justin.P.Maio@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes
CFR Code of Federal Regulations
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. We must 
establish this safety zone by December 31, 2018 and lack sufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing this rule. The NPRM process would delay safety 
measures necessary to protect the public from potential hazards until 
after the date of the fireworks.
    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 contrary to 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 33 U.S.C. 
1231. The Captain of the Port Sector New Orleans (COTP) has determined 
that potential hazards associated with the New Year's Eve fireworks 
display will be a safety concern for anyone within approximately one 
mile of the launch site. The launch site will be located on the top of 
the levee of the Lower Mississippi River at approximate mile marker 
(MM) 229.9, Baton Rouge, LA. Hazards from the fireworks display include 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. This rule is necessary to protect persons, 
vessels, and the marine environment before, during, and after the 
scheduled fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 11:30 p.m. on 
December 31, 2018 through 1 a.m. on January 1, 2019. The safety zone 
covers all navigable waters of the Lower Mississippi River in Baton 
Rouge, LA, from mile marker (MM) 229.5 to MM 230.5 above Head of Passes 
(AHP). The duration of the zone is intended to ensure the safety of 
persons, vessels, and the marine environment before, during, and after 
the scheduled fireworks display. Entry into this zone is prohibited 
unless authorized by the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer

[[Page 65084]]

of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector New Orleans. 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 
through the Marine Safety Unit Baton Rouge Officer of the Day at 225-
281-4789. All persons and vessels permitted to enter this safety zone 
must transit at the slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative. 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.

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-day of the safety zone. This temporary 
safety zone would only restrict navigation on a one-mile portion of the 
Lower Mississippi River for approximately one-and-one-half hours on one 
evening. Moreover, the Coast Guard will issue BNMs via VHF-FM marine 
channel 16 about the zone, and the rule allows 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 
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 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 
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 for approximately one and a half hours that would 
prohibit entry into a one-mile stretch of the Lower Mississippi River 
on one evening. 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.

[[Page 65085]]

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. Add Sec.  165.T08-0960 to read as follows:


Sec.  165.T08-0960   Safety Zone; Lower Mississippi River, Mile Markers 
229.5 to 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 (MM) 229.5 to MM 
230.5 above Head of Passes, Baton Rouge, LA.
    (b) Effective period. This section is effective from 11:30 p.m. on 
December 31, 2018 through 1 a.m. on January 1, 2019.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Sector New Orleans (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.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative via VHF-FM 
Channel 16 or 67, or through the Marine Safety Unit Baton Rouge Officer 
of the Day at 225-281-4789.
    (3) All persons and vessels permitted to enter this safety zone 
must transit at the slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Informational 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: December 13, 2018.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-27466 Filed 12-18-18; 8:45 am]
BILLING CODE 9110-04-P


