[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Rules and Regulations]
[Pages 17751-17754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08405]


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

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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for certain navigable waters of Lake Pontchartrain in New 
Orleans, LA. This action is necessary to protect persons and vessels 
from potential hazards created by the Kenner Super Boat Grand Prix 
Race. Entry of vessels

[[Page 17752]]

or persons into this zone would be prohibited unless authorized by the 
Captain of the Port Sector New Orleans or a designated representative.

DATES: This rule is effective from 10 a.m. through 5 p.m. on June 23, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0058 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 
rulemaking, 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

    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. In 
response, on March 1, 2019, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Special Local Regulation; Lake 
Pontchartrain, New Orleans, LA'' (89 FR 6989). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this special local regulation. During the comment period 
that ended April 1, 2019, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041(a). The Captain of the Port New Orleans (COTP) has determined 
that potential hazards associated with the boat race will be a safety 
concern for anyone within the established race zone. 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 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 no comments on our NPRM published March 
1, 2019. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes 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.

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 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

[[Page 17753]]

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.

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 00 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 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.

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 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.

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 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


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/090[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, 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

[[Page 17754]]

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: April 10, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-08405 Filed 4-25-19; 8:45 am]
BILLING CODE 9110-04-P


