Safety Zone; Lower Mississippi River, Mile Markers 229.5 to 230.5 Baton Rouge, LA, 214-216 [2019-27961]
Download as PDF
<![CDATA[
214
Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
Dated: September 26, 2019.
A.J. Vogt,
RADM, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
[FR Doc. 2019–27980 Filed 1–2–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR 165 as follows:
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket Number USCG–2019–0837]
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 165.1329, revise the section
heading, add paragraph (a)(4), and
revise paragraphs (b)(1) and (2) to read
as follows:
■
jbell on DSKJLSW7X2PROD with RULES
§ 165.1329 Regulated Navigation Area;
Thea Foss, Middle Waterway, and WheelerOsgood Waterways EPA Superfund
Cleanup Site, Commencement Bay,
Tacoma, WA.
(a) * * *
(4) All waters of the Middle Waterway
south of a line connecting a point of the
shore at 47°15′51″ N, 122°25′53″ W;
thence southwest to 47°15′48.6858″ N,
122°26′02.2374″ W; thence south to
47°15′46.7316″ N, 122°26′01.1214″ W
[Datum: NAD 1983].
(b) * * *
(1) All vessels and persons are
prohibited from activities that would
disturb the seabed, such as anchoring,
dragging, spudding, or other activities
that involve disrupting the integrity of
the sediment caps installed in the
designated regulated navigation area,
pursuant to the remediation efforts of
the U.S. Environmental Protection
Agency (EPA) and others in the Thea
Foss, Middle Waterway, and WheelerOsgood Waterways EPA superfund
cleanup site. Vessels may otherwise
transit or navigate within this area
without reservation.
(2) The prohibition described in
paragraph (b)(1) of this section does not
apply to vessels or persons engaged in
activities associated with remediation
efforts in the Thea Foss, Middle
Waterway, or Wheeler-Osgood
Waterways superfund sites, provided
that the Captain of the Port, Puget
Sound (COTP), is given advance notice
of those activities by the EPA.
*
*
*
*
*
VerDate Sep<11>2014
16:16 Jan 02, 2020
Jkt 250001
33 CFR Part 165
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Mile Markers 229.5 to 230.5 Baton
Rouge, LA
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Lower
Mississippi River from mile marker
(MM) 229.5 to MM 230.5, above Head of
Passes. The safety zone is needed to
protect personnel, 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.
SUMMARY:
This rule is effective from 11:30
p.m. on December 31, 2019 through
12:30 a.m. on January 1, 2020.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0837 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
II. Background Information and
Regulatory History
On September 25, 2019, the Baton
Rouge Office of Mayor President
notified the Coast Guard that from 11:30
p.m. on December 31, 2019 to 12:30 a.m.
on January 1, 2020, it will be conducting
a fireworks display launched from the
levee at approximate mile marker (MM)
230 on the lower Mississippi River,
above Head of Passes (AHP) in Baton
Rouge, Louisiana. In response, on
November 21, 2019, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled New Year’s
Eve Celebration 84 FR 65049. There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended December 11, 2019,
we received one comment.
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 46 U.S.C. 70034
(previously 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 MM
230, 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 Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published
November 21, 2019. The comment was
in support of establishing a temporary
safety zone for the proposed fireworks
display. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a temporary
safety zone from 11:30 p.m. on
December 31, 2019 through 12:30 a.m.
E:\FR\FM\03JAR1.SGM
03JAR1
Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
on January 1, 2020. The safety zone
covers all navigable waters of the Lower
Mississippi River in Baton Rouge, LA,
from MM 229.5 to MM 230.5, 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.
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.
jbell on DSKJLSW7X2PROD with RULES
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 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 hour 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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
VerDate Sep<11>2014
16:16 Jan 02, 2020
Jkt 250001
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 call or email 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,
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
215
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 call
or email 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, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), 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 hour
that would prohibit entry into a onemile stretch of the Lower Mississippi
River on one evening. It is categorically
excluded from further review under
paragraph L60(a) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
E:\FR\FM\03JAR1.SGM
03JAR1
216
Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Coast Guard
33 CFR Part 165
33 CFR Part 165
[Docket Number USCG–2019–0947]
■
1. The authority citation for part 165
continues to read as follows:
[Docket No. USCG–2019–0949]
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Safety Zone; New Orleans, LA
2. Add § 165.T08–0837 to read as
follows:
■
RIN 1625–AA87
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
(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, 2019 through 12:30 a.m. on January
1, 2020.
(c) Regulations. (1) Under the general
safety zone regulations in § 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.
The Coast Guard will enforce
a temporary safety zone between mile
marker (MM) 94 and MM 95 above Head
of Passes, Lower Mississippi River, LA.
This action is necessary to provide for
the safety of life on these navigable
waters near New Orleans, LA, during a
fireworks display on January 11, 2020.
During the enforcement periods, the
operator of any vessel in the regulated
area must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
DATES: The regulations in 33 CFR
165.845 will be enforced from 9 p.m.
through 11 p.m. on January 11, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
Commander Corinne Plummer, Sector
New Orleans, U.S. Coast Guard;
telephone 504–365–2375, email
Corinne.M.Plummer@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
located in 33 CFR 165.845 for the
College Football Playoffs Fireworks
Display event. The regulations will be
enforced from 9 p.m. through 11 p.m. on
January 11, 2020. This action is being
taken to provide for the safety of life on
navigable waterways during this event,
which will be located between MM 94
and MM 95 above Head of Passes,
Lower Mississippi River, LA. During the
enforcement periods, if you are the
operator of a vessel in the regulated area
you must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via a Marine Safety Information Bulletin
and Broadcast Notice to Mariners.
Dated: December 20, 2019.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
Dated: December 20, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2019–27961 Filed 12–31–19; 4:15 pm]
[FR Doc. 2019–27958 Filed 1–2–20; 8:45 am]
BILLING CODE 9110–04–P
BILLING CODE 9110–04–P
SUMMARY:
§ 165.T08–0837 Safety Zone; Lower
Mississippi River, Mile Markers 229.5 to
230.5, Baton Rouge, LA.
jbell on DSKJLSW7X2PROD with RULES
DEPARTMENT OF HOMELAND
SECURITY
VerDate Sep<11>2014
16:16 Jan 02, 2020
Jkt 250001
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Security Zone; Lower Mississippi
River, New Orleans, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone.
This security zone is necessary to
provide security and protection for
visiting personnel during the events
related to the College Football Playoff
game. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port New Orleans or a designated
representative.
SUMMARY:
This rule is effective from 1:30
p.m. on January 11, 2020, through 5
p.m. on January 13, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0947 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 proposed
rulemaking, call or email Lieutenant
Commander Corinne Plummer, Sector
New Orleans, U.S. Coast Guard;
telephone 504–365–2375, email
Corinne.M.Plummer@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
COTP Captain of the Port Sector New
Orleans
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Rules and Regulations]
[Pages 214-216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27961]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0837]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Mile Markers 229.5 to 230.5
Baton Rouge, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Lower Mississippi River from mile marker (MM)
229.5 to MM 230.5, above Head of Passes. The safety zone is needed to
protect personnel, 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, 2019
through 12:30 a.m. on January 1, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0837 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
[email protected].
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
On September 25, 2019, the Baton Rouge Office of Mayor President
notified the Coast Guard that from 11:30 p.m. on December 31, 2019 to
12:30 a.m. on January 1, 2020, it will be conducting a fireworks
display launched from the levee at approximate mile marker (MM) 230 on
the lower Mississippi River, above Head of Passes (AHP) in Baton Rouge,
Louisiana. In response, on November 21, 2019, the Coast Guard published
a notice of proposed rulemaking (NPRM) titled New Year's Eve
Celebration 84 FR 65049. There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended December 11,
2019, we received one comment.
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 46 U.S.C.
70034 (previously 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 MM 230, 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 Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published
November 21, 2019. The comment was in support of establishing a
temporary safety zone for the proposed fireworks display. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
This rule establishes a temporary safety zone from 11:30 p.m. on
December 31, 2019 through 12:30 a.m.
[[Page 215]]
on January 1, 2020. The safety zone covers all navigable waters of the
Lower Mississippi River in Baton Rouge, LA, from MM 229.5 to MM 230.5,
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.
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 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 hour 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety 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
call or email 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 call or email 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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 hour 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) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 216]]
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: 46 U.S.C. 70034, 70051; 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.T08-0837 to read as follows:
Sec. 165.T08-0837 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, 2019 through 12:30 a.m. on January 1, 2020.
(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 20, 2019.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-27961 Filed 12-31-19; 4:15 pm]
BILLING CODE 9110-04-P
