Safety Zone; Reoccurring Firework Displays Near Convention Center on the Mobile River; Mobile, AL, 54351-54353 [2024-14374]
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Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Rules and Regulations
notification of this enforcement period
via the Local Notice to Mariners and
marine information broadcasts.
C. Prindle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Southeastern New England.
[FR Doc. 2024–14373 Filed 6–28–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0119]
RIN 1625–AA00
Safety Zone; Reoccurring Firework
Displays Near Convention Center on
the Mobile River; Mobile, AL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone for
reoccurring firework displays on the
Mobile River in the vicinity of the
Arthur R. Outlaw Convention Center in
Mobile, AL. The safety zone will be
enforced only during the firework
displays. Establishment of this safety
zone is necessary to protect waterway
users and vessels from potential hazards
associated with these firework displays.
This rulemaking will prohibit entry into
the safety zone during the firework
displays unless authorized by the
Captain of the Port Mobile (COTP), or a
COTP designated representative.
DATES: This rule is effective July 31,
2024.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0119 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions about this rule, call
or email Lieutenant Lawrence J. Schad,
Waterways Management, Sector Mobile,
U.S. Coast Guard; telephone 251–382–
8653, email SectorMobileWaterways@
uscg.mil.
ddrumheller on DSK120RN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
VerDate Sep<11>2014
16:19 Jun 28, 2024
Jkt 262001
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard receives numerous
event applications for firework displays
on the Mobile River, to be held in the
vicinity of the Arthur R. Outlaw
Convention Center in Mobile, AL. These
displays are sponsored by multiple
organizations and held sporadically
throughout the year. Based on previous
years, approximately five to ten displays
are expected to be held on any given
year. The purpose of this rule is to
ensure the safety of vessels,
participants, and waterways users
within a 100-yard radius of the
fireworks barge immediately before,
during, and after scheduled events. In
response, on March 14, 2024, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety Zone;
Reoccurring Firework Displays Near
Convention Center on the Mobile River,
Mobile, AL’’ (89 FR 18583). There we
stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to these
fireworks displays. During the comment
period that ended April 15, 2024, we
received one comment which favored
the establishment of the safety zone.
The final rule is unchanged from that
which we proposed in the NPRM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Mobile
Region (COTP) has determined that
potential hazards associated with the
fireworks to be used in these
reoccurring firework displays will be a
safety concern for anyone within a 100yard radius of the barge. 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 one
comment on our NPRM published
March 14, 2024, that was in favor of the
rulemaking. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a reoccurring
safety zone covering all navigable
waters within a 100-yard radius of
barge-based firework displays on the
Mobile River. The safety zone will be
subject to enforcement for
approximately one hour when a bargebased fireworks display is scheduled to
occur. No person will be allowed within
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54351
100 yards of the fireworks barges
immediately before, during, and
immediately after firework displays.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the fireworks display. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the COTP, or a COTP
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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, duration,
and time of day of the safety zone.
Vessel traffic may be able to safely
transit around this safety zone which w
impact a small, designated area of the
Mobile River for less than 1 hour during
the evening for the duration of the
firework display.
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
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Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Rules and Regulations
rule will not have a significant
economic impact on any vessel owner
or operator due to the limited duration
this rule will be enforced.
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).
ddrumheller on DSK120RN23PROD with RULES1
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.
VerDate Sep<11>2014
16:19 Jun 28, 2024
Jkt 262001
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 immediately before, during, and
immediately after the firework displays
which will prohibit entry within 100
yards of a barge in which the fireworks
are being fired from on the Mobile
River, located in the vicinity of the
Arthur R. Outlaw Convention Center in
Mobile, AL. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. 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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
■
2. Add § 165.834 to read as follows:
§ 165.834 Safety Zone; Reoccurring
Firework Displays near Convention Center
on the Mobile River, Mobile, AL.
(a) Location. The following area is a
safety zone: All navigable waters on the
Mobile River 100 yards in all directions
from any barges holding fireworks
immediately before, during, and
immediately after firework displays.
The barges will generally be located in
the Mobile River in the vicinity of the
Arthur R. Outlaw Convention Center.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Mobile.] (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Mobile (COTP) or the
COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF CH–16. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Notification. COTP will use all
appropriate means to notify the public
in advance of an event of the
enforcement of this safety zone either by
publishing a Notice of Enforcement in
the Federal Register or through the local
Notice to Mariners and Broadcast Notice
to Mariners. Such notifications will
include the date and times of
enforcement, along with any predetermined conditions of entry.
Firework barges will also have a sign on
their port and starboard side labeled
‘‘FIREWORKS—STAY AWAY’’. This
sign will consist of a ten inch high by
one and half inch wide red lettering on
a white background.
(e) Enforcement period. This rule will
be enforced anytime immediately
before, during, and immediately after a
barge is conducting firework displays on
the Mobile River. The Coast Guard
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Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Rules and Regulations
anticipates that these safety zones will
be enforced for a one hour duration for
each display, between 7 p.m. and 1 a.m.
The exact dates and times will be
announced as described in paragraph
(d) of this section.
Dated: June 24, 2024.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the
Port Sector Mobile.
[FR Doc. 2024–14374 Filed 6–28–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–0492]
Safety Zone; Northern California and
Lake Tahoe Area Annual Fireworks
Events
AGENCY:
Coast Guard, DHS.
Notification of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
numerous safety zones within the San
Francisco Captain of the Port area of
responsibility during the dates and
times specified below. This action is
necessary to protect personnel, vessels,
and the marine environment from the
hazards associated with the fireworks
displays. During the enforcement
period, unauthorized persons or vessels
are prohibited from entering into,
transiting through, or remaining in the
regulated areas, unless authorized by
the Patrol Commander (PATCOM) or an
Official Patrol including any Federal,
State, or local law enforcement agencies
on scene to assist the Coast Guard in
enforcing the regulated area.
DATES: The regulations in 33 CFR
165.1191 will be enforced for the
locations identified in Items 3, 4, 6, 7,
9, 10, 11, 12, 14, 16, 18, 19, and 31 of
Table 1 to § 165.1191 during the dates
and times identified in the
SUMMARY:
SUPPLEMENTARY INFORMATION
section
below.
If
you have questions about this
notification of enforcement, call or
email Petty Officer First Class Shannon
Curtaz-Milian, Waterways Management,
U.S. Coast Guard Sector San Francisco;
telephone (415) 399–7440, email
SFWaterways@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the safety zones
established in 33 CFR 165.1191, Table 1
to § 165.1191, Item numbers 3, 4, 6, 7,
9, 10, 11, 12, 14, 16, 18, 19, and 31
during the dates, times, and locations
indicated in the table below. The dates,
times, and locations will also be
published in the Local Notice to
Mariners at least 10 days prior to the
date of each event.
SUPPLEMENTARY INFORMATION:
3. Fourth of July Fireworks, City of Eureka
Sponsor ................................
Event Description .................
Date ......................................
Time .....................................
Location ................................
Regulated Area ....................
City of Eureka, CA.
Fireworks Display.
July 4th.
From 12:01 a.m. to 9:30 p.m. on July 4, 2024, the barge will load, transit, and stage at the display location. From
9:30 p.m. until approximately 11:15 p.m. on July 4, 2024, the safety zone will encompass all navigable waters
within a 1,000-foot radius of the fireworks barge.
Humboldt Bay, CA.
100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge
and during the transit of the fireworks barge from the loading location to the display location. Increases to a
1,000-foot radius upon commencement of the fireworks display.
4. Fourth of July Fireworks, Crescent City
Sponsor ................................
Event Description .................
Date ......................................
Time .....................................
Location ................................
Regulated Area ....................
Crescent City, CA.
Fireworks Display.
July 4th.
From 9:30 p.m. until approximately 10:35 p.m. on July 4, 2024.
Crescent City Harbor, Crescent City, CA.
Crescent City Harbor in the navigable waters within a 700-foot radius of the launch platform located on the West
Jetty.
7. San Francisco Independence Day Fireworks
Sponsor ................................
Event Description .................
Date ......................................
Time .....................................
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Location 1 .............................
Location 2 .............................
Regulated Area ....................
The City of San Francisco.
Fireworks Display.
July 4th.
From 12:01 a.m. to 9 p.m. on July 4, 2024, the barges will load, transit, and stage at the display location. From 9
p.m. until approximately 10:20 p.m. on July 4, 2024, the safety zone will encompass all navigable waters within
a 1,000-foot radius of the fireworks barges.
A barge located approximately 1,000 feet off San Francisco Pier 39.
A barge located approximately 700 feet off of the San Francisco Municipal Pier at Aquatic Park.
100-foot radius around each fireworks barge during the loading, transit, setup, and until the commencement of
the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.
9. Fourth of July Fireworks, City of Richmond
Sponsor ................................
Event Description .................
Date ......................................
Location ................................
Time .....................................
VerDate Sep<11>2014
16:19 Jun 28, 2024
Various Sponsors.
Fireworks Display.
Week of July 4th.
A barge located in the Richmond Harbor in Richmond, CA.
From noon on July 3, 2024, to 8:45 p.m. on July 3, 2024, the barge will load, transit, and stage at the display location. From 8:45 p.m. until approximately 10:05 p.m. on July 3, 2024, the safety zone will encompass all navigable waters within a 560-foot radius of the fireworks barge.
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]]>Agencies
[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Rules and Regulations]
[Pages 54351-54353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14374]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0119]
RIN 1625-AA00
Safety Zone; Reoccurring Firework Displays Near Convention Center
on the Mobile River; Mobile, AL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for reoccurring
firework displays on the Mobile River in the vicinity of the Arthur R.
Outlaw Convention Center in Mobile, AL. The safety zone will be
enforced only during the firework displays. Establishment of this
safety zone is necessary to protect waterway users and vessels from
potential hazards associated with these firework displays. This
rulemaking will prohibit entry into the safety zone during the firework
displays unless authorized by the Captain of the Port Mobile (COTP), or
a COTP designated representative.
DATES: This rule is effective July 31, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0119 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Lawrence J. Schad, Waterways Management,
Sector Mobile, U.S. Coast Guard; telephone 251-382-8653, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard receives numerous event applications for firework
displays on the Mobile River, to be held in the vicinity of the Arthur
R. Outlaw Convention Center in Mobile, AL. These displays are sponsored
by multiple organizations and held sporadically throughout the year.
Based on previous years, approximately five to ten displays are
expected to be held on any given year. The purpose of this rule is to
ensure the safety of vessels, participants, and waterways users within
a 100-yard radius of the fireworks barge immediately before, during,
and after scheduled events. In response, on March 14, 2024, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Safety
Zone; Reoccurring Firework Displays Near Convention Center on the
Mobile River, Mobile, AL'' (89 FR 18583). There we stated why we issued
the NPRM and invited comments on our proposed regulatory action related
to these fireworks displays. During the comment period that ended April
15, 2024, we received one comment which favored the establishment of
the safety zone. The final rule is unchanged from that which we
proposed in the NPRM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Mobile Region (COTP) has
determined that potential hazards associated with the fireworks to be
used in these reoccurring firework displays will be a safety concern
for anyone within a 100-yard radius of the barge. 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 one comment on our NPRM published March
14, 2024, that was in favor of the rulemaking. There are no changes in
the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a reoccurring safety zone covering all
navigable waters within a 100-yard radius of barge-based firework
displays on the Mobile River. The safety zone will be subject to
enforcement for approximately one hour when a barge-based fireworks
display is scheduled to occur. No person will be allowed within 100
yards of the fireworks barges immediately before, during, and
immediately after firework displays. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the fireworks display. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP, or a COTP 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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time of day of the safety zone. Vessel traffic
may be able to safely transit around this safety zone which w impact a
small, designated area of the Mobile River for less than 1 hour during
the evening for the duration of the firework display.
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
[[Page 54352]]
rule will not have a significant economic impact on any vessel owner or
operator due to the limited duration this rule will be enforced.
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.
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 immediately before, during, and immediately after the
firework displays which will prohibit entry within 100 yards of a barge
in which the fireworks are being fired from on the Mobile River,
located in the vicinity of the Arthur R. Outlaw Convention Center in
Mobile, AL. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. 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.
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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.834 to read as follows:
Sec. 165.834 Safety Zone; Reoccurring Firework Displays near
Convention Center on the Mobile River, Mobile, AL.
(a) Location. The following area is a safety zone: All navigable
waters on the Mobile River 100 yards in all directions from any barges
holding fireworks immediately before, during, and immediately after
firework displays. The barges will generally be located in the Mobile
River in the vicinity of the Arthur R. Outlaw Convention Center.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Mobile.] (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Sector Mobile (COTP) or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF CH-16. Those in the safety zone must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(d) Notification. COTP will use all appropriate means to notify the
public in advance of an event of the enforcement of this safety zone
either by publishing a Notice of Enforcement in the Federal Register or
through the local Notice to Mariners and Broadcast Notice to Mariners.
Such notifications will include the date and times of enforcement,
along with any pre-determined conditions of entry. Firework barges will
also have a sign on their port and starboard side labeled ``FIREWORKS--
STAY AWAY''. This sign will consist of a ten inch high by one and half
inch wide red lettering on a white background.
(e) Enforcement period. This rule will be enforced anytime
immediately before, during, and immediately after a barge is conducting
firework displays on the Mobile River. The Coast Guard
[[Page 54353]]
anticipates that these safety zones will be enforced for a one hour
duration for each display, between 7 p.m. and 1 a.m. The exact dates
and times will be announced as described in paragraph (d) of this
section.
Dated: June 24, 2024.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2024-14374 Filed 6-28-24; 8:45 am]
BILLING CODE 9110-04-P
