Rule2021-26309
Safety Zone; Tchefuncte River, Madisonville, LA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 3, 2021
Effective
December 4, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for a fireworks display on December 4, 2021 from 9 p.m. through 10 p.m. The safety zone is needed to protect people and the environment on these navigable waters of the Tchefuncte River, LA. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port (COTP) Sector New Orleans or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 230 (Friday, December 3, 2021)</title>
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[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Rules and Regulations]
[Pages 68564-68566]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26309]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0808]
RIN 1625-AA00
Safety Zone; Tchefuncte River, Madisonville, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
fireworks display on December 4, 2021 from 9 p.m. through 10 p.m. The
safety zone is needed to protect people and the environment on these
navigable waters of the Tchefuncte River, LA. This proposed rulemaking
would prohibit persons and vessels from entering the safety zone unless
authorized by the Captain of the Port (COTP) Sector New Orleans or a
designated representative.
DATES: This rule is effective from 9 p.m. to 10 p.m. on December 4,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0808 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
proposed rulemaking, call or email Lieutenant Commander William A.
Stewart, Waterways Management Division Chief, U.S. Coast Guard;
telephone 504-365-2246, email <a href="/cdn-cgi/l/email-protection#c592aca9a9aca4a8eb84eb96b1a0b2a4b7b185b0b6a6a2eba8aca9"><span class="__cf_email__" data-cfemail="67300e0b0b0e060a492649341302100615132712140400490a0e0b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On October 19, 2021, the Coast Guard received a marine event permit
application for a fireworks display on December 4, 2021 from 9 p.m.
through 10 p.m. Fireworks display will be launched from a barge in the
Tchefuncte River in the approximate position 30 23-52.4 N, 90 09-14.48
W. In response, on November 10, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled ``Safety Zone; Tchefuncte
River, Madisonville, LA'' (86 FR 62500). 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
November 22, 2021, we received no comments.
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 impracticable because immediate action is needed to
respond to the potential safety hazards associated with this 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 COTP New Orleans has determined
that potential hazards associated with the fireworks to be used in this
December 4, 2021 display will be a safety concern for anyone within a
200 yard radius of the barge on the Tchefuncte River at 30 23-52.4 N,
90 09-14.48 W. The purpose of this rule is to ensure safety of vessels
and the navigable waters in the safety zone before, during, and after
the scheduled event.
[[Page 68565]]
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
November 10, 2021. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 9 p.m. to 10 p.m. on
December 4, 2021. The safety zone will cover all navigable waters
within 200 yards of a barge on the Tchefuncte River located at 30 23-
52.4 N, 90 09-14.48 W. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters before, during, and
after the scheduled 9:30 p.m. to 9:40 p.m. fireworks display. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from 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. 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).
This regulatory action determination is based on establishing a
temporary safety zone within a 200 yard radius of the deck barge
located on the Tchefuncte River at 30 23-52.4 N, 90 09-14.48 W on
December 4, 2021 from 9 p.m. to 10 p.m. Moreover, the rule would allow
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.
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 one hour that would prohibit entry within a 200
yard radius around the deck barge located on the Tchefuncte River at 30
23-52.4 N, 90 09-14.48 W. 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.
[[Page 68566]]
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,
Revision No. 01.2.
0
2. Add Sec. 165.T08-0808 to read as follows:
Sec. 165.T08-0808 Safety Zone; Tchefuncte River, Madisonville, LA.
(a) Location. The following area is a safety zone: All navigable
waters within a 200 yard radius of the deck barge at position 30 23-
52.4 N, 90 09-14.48 W on the Tchefuncte River, Madisonville, LA.
(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 Sector New Orleans (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, persons and vessels may not enter the safety
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-FM radio channels 16 or 67. 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) Enforcement period. This section will be enforced from 9 p.m.
through 10 p.m. on December 4, 2021.
(e) Information 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 Broadcasts (MSIBs)
as appropriate.
Dated: November 29, 2021
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2021-26309 Filed 12-2-21; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.