Safety Zones, Captain of the Port New Orleans Zone, 30158-30161 [2015-12735]
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30158
Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Hal R. Pitts,
Bridge Administration Branch Fifth
District, Coast Guard; telephone (757)
398–6222, email Hal.R.Pitts@uscg.mil. If
you have questions on viewing the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION: The
Virginia Department of Transportation,
who owns and operates the James River
Draw Bridge, has requested a temporary
deviation from the current operating
regulations set out in 33 CFR 117.5, to
facilitate electrical repairs on the south
tower of the bridge.
Under the regular operating schedule,
the James River Draw Bridge, mile 5.0,
between Isle of Wight and Newport
News, VA, opens on signal. The bridge
is a vertical lift draw bridge and has a
vertical clearance in the closed position
of 60 feet above mean high water.
Under this temporary deviation, the
bridge will be closed to navigation from
8 a.m. to 8 p.m. on June 8, 2015.
The James River is used by a variety
of vessels including freighters, tugs, and
recreational vessels. The Coast Guard
has carefully coordinated the
restrictions with commercial and
recreational waterway users.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will not be able
to open for emergencies and there is no
alternate route for vessels to pass for
vessels unable to pass through the
bridge in the closed position. The Coast
Guard will also inform the users of the
waterways through our Local and
Broadcast Notice to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impacts caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
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Dated: May 15, 2015.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2015–12737 Filed 5–26–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–1069]
RIN 1625–AA00
Safety Zones, Captain of the Port New
Orleans Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary safety zones for
multiple locations and dates within the
Captain of the Port New Orleans zone.
These safety zones are necessary to
protect persons and vessels from
potential safety hazards associated with
fireworks displays on or over Federal
waterways. Entry into these zones is
prohibited unless specifically
authorized by the Captain of the Port
(COTP) New Orleans or a designated
representative.
DATES: This rule is effective without
actual notice from May 27, 2015 until
July 4, 2015. For the purposes of
enforcement, actual notice will be used
from April 24, 2015 until May 27, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–1069]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander (LCDR)
James Gatz, Sector New Orleans, at (504)
365–2281 or James.C.Gatz@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl F. Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Table of Acronyms
AHP Above Head of Passes
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On March 25, 2015, the Coast Guard
published an NPRM entitled Safety
Zones; Captain of the Port New Orleans
Zone in the Federal Register (80 FR
15705). We did not receive any
comments in response to the proposed
rule. No public meeting was requested
and none were held.
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. Providing a full 30 days notice
is contrary to the public interest as it
would delay the effectiveness of a
portion of the safety zones until after the
planned fireworks events. Immediate
action is needed to protect vessels and
mariners from the safety hazards
associated with aerial fireworks displays
over a waterway when large
concentrations of spectators are
expected. The Coast Guard did not
receive any comments on the proposed
rule following the publication of the
NPRM. The Coast Guard will give actual
notice to the public and maritime
community that each safety zone will be
in effect and of the enforcement periods
via broadcast notices to mariners.
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 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, which collectively authorize the
Coast Guard to establish and define
safety zones.
The Coast Guard has determined that
temporary safety zones are necessary to
promote the safety of life on navigable
waterways within the COTP New
Orleans Zone during these events due to
the potentially hazardous conditions
caused by the fireworks and the high
volume of spectators that are
anticipated.
C. Discussion of the Final Rule
The Coast Guard is establishing five
temporary safety zones within the
Captain of the Port (COTP) New Orleans
Zone between April 27, 2015 and July
4, 2015.
The events to be covered by this rule
will be enforced on the respective dates
listed in the table below.
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Item No.
Name of event
Date and location
1 ...............
New Orleans Navy Week ...........................
2 ...............
Hosts Global ...............................................
3 ...............
Madisonville 4th of July ..............................
4 ...............
Mandeville City Seafood Festival ...............
5 ...............
Mandeville Lakefront Fireworks ..................
Date: April 27, 2015.
Location: The entire width of the Lower Mississippi River between MM 94 and MM 96
Above Head of Passes.
Date: April 28, 2015.
Location: The entire width of the Lower Mississippi River between MM 94 and MM 96
Above Head of Passes.
Date: July 4, 2015.
Location: The entire width of the Tchefuncta River between the confluence of the
Tchefuncta River and Lake Pontchartrain, extending one mile north.
Date: July 4, 2015.
Location: 350 feet in all directions from the end of the Fountainbleau State Park Pier
in Lake Pontchartrain.
Date: July 4, 2015.
Location: 350 feet in all directions from the fireworks barge, which will be positioned
offshore of Mandeville, LA in Lake Pontchartrain.
Entry into these zones is prohibited
unless permission has been granted by
the COTP New Orleans, or a designated
representative.
The COTP New Orleans will inform
the public through broadcast notices to
mariners of the enforcement period for
the safety zones as well as any changes
in the planned schedule. Mariners and
other members of the public may also
contact Coast Guard Sector New Orleans
Command Center to inquire about the
status of the safety zone, at (504) 365–
2200.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
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1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. These temporary safety zones
will restrict navigation on the Lower
Mississippi River in the vicinity of New
Orleans, Louisiana, the southern end of
the Tchefuncta River near Madisonville,
Louisiana, and Lake Pontchartrain in
vicinity of Mandeville, Louisiana. No
safety zone will be established for
longer than one hour. Due to the limited
scope and short duration of each
temporary safety zone, the impacts on
routine navigation are expected to be
minimal.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 rule.
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
because it is limited in scope and each
temporary safety zone will only be in
effect for approximately one hour on
one day. This rule will affect the
following entities, some of which may
be small entities: The owners or
operators of vessels intending to transit
the following waterways on the listed
dates: The Lower Mississippi River in
New Orleans, Louisiana on April 27,
2015 and April 28, 2015; the Tchefuncta
River near Madisonville, Louisiana on
July 4, 2015, and the north shore of Lake
Pontchartrain in the vicinity of
Mandeville, LA on July 4, 2015. Before
enforcement, COTP New Orleans will
issue maritime advisories widely
available to users of the impacted
waterways and will make notifications
to the public through marine band radio
when the temporary safety zones are
being enforced. Additionally, deviation
from this rule may be requested and will
be considered on a case by case basis by
COTP New Orleans or a COTP New
Orleans designated representative.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
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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, above.
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.
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
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Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations
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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
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consider the use of voluntary consensus
standards.
14. 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
(NEPA) (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
establishing temporary safety zones in
the Lower Mississippi River, Tchefuncta
River, and Lake Pontchartrain. This rule
is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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 rule.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191; 33
CFR 1.05–1, 6.04–1, 6.04.6, and 160.5; Pub.
L. 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. A new temporary § 165.T08–1069 is
added to read as follows:
■
§ 165.T08–1069 Safety Zones, Captain of
the Port New Orleans Zone, LA.
(a) Locations. The following areas are
safety zones:
(1) All waters of the Lower
Mississippi River from mile marker 94
to mile marker 96 above Head of Passes,
New Orleans, LA. This location will be
used for the New Orleans Navy Week
and Hosts Global events.
(2) All waters of the Tchefuncta River
from the confluence of the Tchefuncta
River and Lake Pontchartrain, extending
one mile north into the Tchefuncta
River, Madisonville, LA. This location
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will be used for the Madisonville Fourth
of July event.
(3) All waters of Lake Pontchartrain
extending 350 feet in all directions from
the end of the Fountainbleau State Park
Pier in Mandeville, LA. This location
will be used for the Mandeville City
Seafood Festival.
(4) All waters of Lake Pontchartrain
extending 350 feet in all directions from
a fireworks barge located offshore of
Mandeville, LA. This location will be
used for the Mandeville Lakefront
Fireworks event.
(b) Effective Dates and Enforcement
Periods. This rule is effective during five
individual events occurring on three
separate dates from April 27, 2015
through July 4, 2015. The temporary
safety zones will be enforced during the
following dates and times:
(1) April 27, 2015, in the evening for
one hour or less in the location noted in
section a.1.
(2) April 28, 2015, in the evening for
one hour or less in the location noted in
section a.1.
(3) July 4, 2015, in the evening for one
hour or less in the location noted in
section a.2.
(4) July 4, 2015, in the evening for one
hour or less the locations noted in
section a.3 and a.4.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into these zones is
prohibited unless specifically
authorized by the Captain of the Port
(COTP) New Orleans or designated
personnel. Designated personnel
include commissioned, warrant and
petty officers of the U.S. Coast Guard
assigned to units under the operational
control of Sector New Orleans.
(2) Persons and vessels requiring
deviation from this rule must request
permission from the COTP New Orleans
or a COTP New Orleans designated
representative. They may be contacted
on VHF–FM Channel 16 or 67, or
through Coast Guard Sector New
Orleans at 504–365–2200.
(3) Persons and vessels permitted to
deviate from this rule must transit at the
slowest safe speed and comply with all
lawful directions issued by the COTP
New Orleans or designated
representative.
(d) Information Broadcasts. The COTP
New Orleans or a COTP New Orleans
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the safety zones as well as any changes
in the planned schedule.
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Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations
Dated: April 24, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
FOR FURTHER INFORMATION CONTACT:
Kristin Hall at (206) 553–6357,
hall.kristin@epa.gov, or by using the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
[FR Doc. 2015–12735 Filed 5–26–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Part 52
[EPA–R10–OAR–2014–0532; FRL–9928–17–
Region 10]
Approval and Promulgation of
Implementation Plans; Alaska
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving revisions to
the Alaska State Implementation Plan
(SIP) submitted on July 1, 2014 and
October 24, 2014. These revisions
primarily update the adoption by
reference of Federal regulations and
definitions into the Alaska SIP. The
revisions also clarify stationary source
permitting rules governing ownerrequested emission limits and revise the
SIP to reflect the redesignation of the
Eagle River area of Anchorage. Upon the
effective date, the Alaska SIP will be
updated to reflect recent Federal
regulatory changes and actions.
DATES: This final rule is effective on
June 26, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2014–0532. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste,
and Toxics, AWT–150, 1200 Sixth
Avenue, Seattle, Washington 98101. The
EPA requests that you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
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SUMMARY:
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I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
In a notice of proposed rulemaking
published in the Federal Register at 80
FR 14038, March 18, 2015, the EPA
proposed to approve and incorporate by
reference revisions to the Alaska SIP
submitted on July 1, 2014 and October
24, 2014. Please see our March 18, 2015,
proposed rulemaking for further
explanation and the basis for our
finding. The public comment period for
the proposal ended on April 17, 2015.
We received a comment letter from the
Alaska Department of Environmental
Conservation, dated April 16, 2015,
acknowledging our work and supporting
the proposal. We received no other
comments.
II. Final Action
The EPA is approving and
incorporating by reference into the
Alaska SIP changes to the following
provisions submitted on July 1, 2014
and October 24, 2014:
• 18 AAC 50.015 ‘‘Air Quality
Designations, Classifications, and
Control Regions’’ (State effective 10/6/
2013);
• 18 AAC 50.040 ‘‘Federal Standards
Adopted by Reference’’ (State effective
10/6/2013);
• 18 AAC 50.225 ‘‘Owner-Requested
Limits’’ (State effective 10/6/2013);
• 18 AAC 50.260 ‘‘Guidelines for Best
Available Retrofit Technology under the
Regional Haze Rule’’ (State effective 10/
6/2013);
• 18 AAC 50.502 ‘‘Minor Permits for
Air Quality Protection’’ (State effective
11/9/2014); and
• 18 AAC 50.990 ‘‘Definitions’’ (State
effective 11/9/2014).
We note that this action does not
address the submitted revisions related
to Alaska’s nonattainment NSR
permitting program because we
approved those changes on January 7,
2015 (80 FR 832). This action is being
taken under section 110 and part C of
title I of the CAA.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
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30161
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
provisions of 18 AAC 50 set forth below.
The EPA has made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves State law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
this action does not involve technical
standards; and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
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]]>Agencies
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Rules and Regulations]
[Pages 30158-30161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12735]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-1069]
RIN 1625-AA00
Safety Zones, Captain of the Port New Orleans Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary safety zones for
multiple locations and dates within the Captain of the Port New Orleans
zone. These safety zones are necessary to protect persons and vessels
from potential safety hazards associated with fireworks displays on or
over Federal waterways. Entry into these zones is prohibited unless
specifically authorized by the Captain of the Port (COTP) New Orleans
or a designated representative.
DATES: This rule is effective without actual notice from May 27, 2015
until July 4, 2015. For the purposes of enforcement, actual notice will
be used from April 24, 2015 until May 27, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-1069]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) James Gatz, Sector New
Orleans, at (504) 365-2281 or James.C.Gatz@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Cheryl
F. Collins, Program Manager, Docket Operations, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
AHP Above Head of Passes
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On March 25, 2015, the Coast Guard published an NPRM entitled
Safety Zones; Captain of the Port New Orleans Zone in the Federal
Register (80 FR 15705). We did not receive any comments in response to
the proposed rule. No public meeting was requested and none were held.
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. Providing a full 30 days notice is
contrary to the public interest as it would delay the effectiveness of
a portion of the safety zones until after the planned fireworks events.
Immediate action is needed to protect vessels and mariners from the
safety hazards associated with aerial fireworks displays over a
waterway when large concentrations of spectators are expected. The
Coast Guard did not receive any comments on the proposed rule following
the publication of the NPRM. The Coast Guard will give actual notice to
the public and maritime community that each safety zone will be in
effect and of the enforcement periods via broadcast notices to
mariners.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 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, which
collectively authorize the Coast Guard to establish and define safety
zones.
The Coast Guard has determined that temporary safety zones are
necessary to promote the safety of life on navigable waterways within
the COTP New Orleans Zone during these events due to the potentially
hazardous conditions caused by the fireworks and the high volume of
spectators that are anticipated.
C. Discussion of the Final Rule
The Coast Guard is establishing five temporary safety zones within
the Captain of the Port (COTP) New Orleans Zone between April 27, 2015
and July 4, 2015.
The events to be covered by this rule will be enforced on the
respective dates listed in the table below.
[[Page 30159]]
------------------------------------------------------------------------
Item No. Name of event Date and location
------------------------------------------------------------------------
1................... New Orleans Navy Week. Date: April 27, 2015.
Location: The entire width
of the Lower Mississippi
River between MM 94 and
MM 96 Above Head of
Passes.
2................... Hosts Global.......... Date: April 28, 2015.
Location: The entire width
of the Lower Mississippi
River between MM 94 and
MM 96 Above Head of
Passes.
3................... Madisonville 4th of Date: July 4, 2015.
July. Location: The entire width
of the Tchefuncta River
between the confluence of
the Tchefuncta River and
Lake Pontchartrain,
extending one mile north.
4................... Mandeville City Date: July 4, 2015.
Seafood Festival. Location: 350 feet in all
directions from the end
of the Fountainbleau
State Park Pier in Lake
Pontchartrain.
5................... Mandeville Lakefront Date: July 4, 2015.
Fireworks. Location: 350 feet in all
directions from the
fireworks barge, which
will be positioned
offshore of Mandeville,
LA in Lake Pontchartrain.
------------------------------------------------------------------------
Entry into these zones is prohibited unless permission has been
granted by the COTP New Orleans, or a designated representative.
The COTP New Orleans will inform the public through broadcast
notices to mariners of the enforcement period for the safety zones as
well as any changes in the planned schedule. Mariners and other members
of the public may also contact Coast Guard Sector New Orleans Command
Center to inquire about the status of the safety zone, at (504) 365-
2200.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. These temporary safety
zones will restrict navigation on the Lower Mississippi River in the
vicinity of New Orleans, Louisiana, the southern end of the Tchefuncta
River near Madisonville, Louisiana, and Lake Pontchartrain in vicinity
of Mandeville, Louisiana. No safety zone will be established for longer
than one hour. Due to the limited scope and short duration of each
temporary safety zone, the impacts on routine navigation are expected
to be minimal.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 rule.
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 because it is limited in scope and each temporary safety zone
will only be in effect for approximately one hour on one day. This rule
will affect the following entities, some of which may be small
entities: The owners or operators of vessels intending to transit the
following waterways on the listed dates: The Lower Mississippi River in
New Orleans, Louisiana on April 27, 2015 and April 28, 2015; the
Tchefuncta River near Madisonville, Louisiana on July 4, 2015, and the
north shore of Lake Pontchartrain in the vicinity of Mandeville, LA on
July 4, 2015. Before enforcement, COTP New Orleans will issue maritime
advisories widely available to users of the impacted waterways and will
make notifications to the public through marine band radio when the
temporary safety zones are being enforced. Additionally, deviation from
this rule may be requested and will be considered on a case by case
basis by COTP New Orleans or a COTP New Orleans designated
representative.
3. Assistance for Small Entities
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,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the
[[Page 30160]]
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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA) (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 establishing temporary safety zones in
the Lower Mississippi River, Tchefuncta River, and Lake Pontchartrain.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are 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 rule.
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; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04.6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. A new temporary Sec. 165.T08-1069 is added to read as follows:
Sec. 165.T08-1069 Safety Zones, Captain of the Port New Orleans Zone,
LA.
(a) Locations. The following areas are safety zones:
(1) All waters of the Lower Mississippi River from mile marker 94
to mile marker 96 above Head of Passes, New Orleans, LA. This location
will be used for the New Orleans Navy Week and Hosts Global events.
(2) All waters of the Tchefuncta River from the confluence of the
Tchefuncta River and Lake Pontchartrain, extending one mile north into
the Tchefuncta River, Madisonville, LA. This location will be used for
the Madisonville Fourth of July event.
(3) All waters of Lake Pontchartrain extending 350 feet in all
directions from the end of the Fountainbleau State Park Pier in
Mandeville, LA. This location will be used for the Mandeville City
Seafood Festival.
(4) All waters of Lake Pontchartrain extending 350 feet in all
directions from a fireworks barge located offshore of Mandeville, LA.
This location will be used for the Mandeville Lakefront Fireworks
event.
(b) Effective Dates and Enforcement Periods. This rule is effective
during five individual events occurring on three separate dates from
April 27, 2015 through July 4, 2015. The temporary safety zones will be
enforced during the following dates and times:
(1) April 27, 2015, in the evening for one hour or less in the
location noted in section a.1.
(2) April 28, 2015, in the evening for one hour or less in the
location noted in section a.1.
(3) July 4, 2015, in the evening for one hour or less in the
location noted in section a.2.
(4) July 4, 2015, in the evening for one hour or less the locations
noted in section a.3 and a.4.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into these zones is prohibited unless
specifically authorized by the Captain of the Port (COTP) New Orleans
or designated personnel. Designated personnel include commissioned,
warrant and petty officers of the U.S. Coast Guard assigned to units
under the operational control of Sector New Orleans.
(2) Persons and vessels requiring deviation from this rule must
request permission from the COTP New Orleans or a COTP New Orleans
designated representative. They may be contacted on VHF-FM Channel 16
or 67, or through Coast Guard Sector New Orleans at 504-365-2200.
(3) Persons and vessels permitted to deviate from this rule must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP New Orleans or designated representative.
(d) Information Broadcasts. The COTP New Orleans or a COTP New
Orleans designated representative will inform the public through
broadcast notices to mariners of the enforcement period for the safety
zones as well as any changes in the planned schedule.
[[Page 30161]]
Dated: April 24, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2015-12735 Filed 5-26-15; 8:45 am]
BILLING CODE 9110-04-P
