
[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Proposed Rules]
[Pages 6989-6992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03645]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0058]
RIN 1625-AA08


Special Local Regulation; Lake Pontchartrain, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposed to establish a temporary special 
local regulation for certain navigable waters of Lake Pontchartrain in 
New Orleans, LA. This action is necessary to protect

[[Page 6990]]

persons and vessels from potential hazards created by the Kenner Super 
Boat Grand Prix Race. Entry of vessels or persons into this zone would 
be prohibited unless authorized by the Captain of the Port Sector New 
Orleans or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 1, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0058 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Commander Benjamin 
Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, 
email Benjamin.P.Morgan@uscg.mil.

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, Purpose, and Legal Basis

    On January 19, 2019, Super Boat International Productions (SBIP) 
notified the Coast Guard that it would be conducting the Kenner Super 
Boat Grand Prix boat race from 10 a.m. to 5 p.m. on June 23, 2019. The 
race will take place on Lake Pontchartrain within the following 
coordinates: 30[deg]03.056' N/090[deg]15.489' W to 30[deg]02.500' N/
090[deg]13.547' W to 30[deg]02.717' N/090[deg]13.460' W to 
30[deg]03.252' N/090[deg]15.374' W. The Captain of the Port Sector New 
Orleans (COTP) has determined that potential hazards associated with 
the race would be a safety concern for anyone within the aforementioned 
coordinates. The Coast Guard proposes this rulemaking under authority 
in 46 U.S.C. 70041(a).

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary special regulation in 
the specified area from 10 a.m. to 5 p.m. on June 23, 2019. The race 
zone would cover all navigable waters within the following coordinates 
on Lake Pontchartrain in New Orleans, LA: 30[deg]03.056' N/
090[deg]15.489' W to 30[deg]02.500' N/090[deg]13.547' W to 
30[deg]02.717' N/090[deg]13.460' W to 30[deg]03.252' N/090[deg]15.374' 
W. The duration of the area is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the scheduled 
marine event. Only predesignated vessel(s) or person(s) would be 
permitted within the safety zone. The sponsor would designate a 
spectator zone on the north side of the race zone, as defined by the 
aforementioned coordinates, for vessels. No additional vessel(s) or 
person(s) would be permitted to enter the safety zone without obtaining 
permission from the 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. Vessels requiring entry into this regulated area 
must request permission from the COTP or a designated representative. 
They may be contacted on VHF-FM Channel 16 or 67 or by telephone at 
(504) 365-2200. Persons and vessels permitted to enter this regulated 
area must transit at their slowest safe speed and comply with all 
lawful directions issued by the COTP or the designated representative. 
No spectator vessel would be allowed to anchor, block, loiter, or 
impede the through transit of participants or a designated patrol 
vessel in the regulated area during the effective dates and times, 
unless cleared for entry by the COTP or the designated representative. 
Any spectator vessel may anchor outside the regulated area. Spectator 
vessels might be moored to a waterfront facility within the regulated 
area in such a way that they would not interfere with the progress of 
the event. Such mooring would have to be complete at least 30 minutes 
prior to the establishment of the regulated area and remain moored 
through the duration of the event.
    The COTP or a designated representative might forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by a designated patrol vessel, a vessel would come to an 
immediate stop and comply with the directions given. Failure to do so 
might result in expulsion from the area, citation for failure to 
comply, or both. The COTP or a designated representative might 
terminate the event or the operation of any vessel at any time it is 
deemed necessary for the protection of life or property. The COTP or a 
designated representative would terminate enforcement of the special 
local regulations at the conclusion of the event.
    The COTP or a designated representative would inform the public of 
the effective period for the safety zone as well as any changes in the 
dates and times of enforcement through Local Notice to Mariners (LNMs), 
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information 
Bulletins (MSIBs) as appropriate.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 and 
duration of the temporary special local regulation. The regulated area 
would cover a small area of the navigable waters within the following 
coordinates on Lake Pontchartrain in New Orleans, LA: 30[deg]03.056' N/
090[deg]15.489' W to 30[deg]02.500' N/090[deg]13.547' W to 
30[deg]02.717' N/090[deg]13.460' W to 30[deg]03.252' N/090[deg]15.374' 
W. The duration of the regulated area would be seven hours on one day 
and would not be expected to significantly affect the vessel traffic on 
Lake Pontchartrain. The COTP would allow entry into the area on a case-
by-case basis. Moreover, the Coast Guard would issue a Local Notice to 
Mariners (LNM), Marine Safety Information Bulletins (MSIBs), and/or 
Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16 about 
the zone. This would allow waterway users to plan accordingly for 
transits during this restriction.

[[Page 6991]]

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 
proposed rule would 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 regulated area may be small entities, for the reasons stated 
in section IV.A above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made a preliminary 
determination 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 proposed rule involves a temporary specially 
regulated area lasting seven hours that would prohibit entry into the 
area within the following coordinates: 30[deg]03.056' N/090[deg]15.489' 
W to 30[deg]02.500' N/090[deg]13.547' W to 30[deg]02.717' N/
090[deg]13.460' W to 30[deg] 03.252' N/090[deg]15.374' W. This action 
is categorically excluded from further review under L61 of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 is amended to read as follows:


[[Page 6992]]


    Authority:  46 U.S.C. 70041(a).

0
2. Add Sec.  100.T08-0058 to read as follows:


Sec.  100.T08-0058   Special Local Regulation; Lake Pontchartrain, New 
Orleans, LA.

    (a) Location. The following area is a special local regulation: 
30[deg]03.056' N/090[deg]15.489' W to 30[deg]02.500' N/090[deg]13.547' 
W to 30[deg]02.717' N/0 90[deg]13.460' W to 30[deg]03.252' N/090[deg]' 
15.374' W.
    (b) Effective period. This section is effective from 10 a.m. 
through 5 p.m. on June 23, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, entry into or remaining within this 
regulated area is prohibited unless authorized by the Captain of the 
Port Sector New Orleans (COTP) or 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 regulated area must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67 or by telephone at (504) 365-2200.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (4) No spectator vessel is allowed to anchor, block, loiter, or 
impede the through transit of participants or a designated patrol 
vessel in the regulated area during the effective dates and times, 
unless cleared for entry by the COTP or the designated representative.
    (5) Any spectator vessel may anchor outside the regulated area. 
Spectator vessels may be moored to a waterfront facility within the 
regulated area in such a way that they do not interfere with the 
progress of the event. Such mooring have to be complete at least 30 
minutes prior to the establishment of the regulated area and remain 
moored through the duration of the event.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by a designated 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.
    (7) 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. The COTP or a designated 
representative will terminate enforcement of the special local 
regulations at the conclusion of the event.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
regulated area through Broadcast Notices to Mariners (BNMs), Local 
Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins 
(MSIBs), as appropriate.

    Dated: February 22, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-03645 Filed 2-28-19; 8:45 am]
 BILLING CODE 9110-04-P


