Rule2022-28280
Safety Zone; Lake Charles, Lake Charles, 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 29, 2022
Effective
December 30, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for all navigable waters within a 650-foot radius of a drone flight area at 30[deg]14'0.014" N, 93[deg]14'43.492" W, on Lake Charles. This safety zone is necessary to protect persons and vessels from hazards associated with a drone show. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port, Marine Safety Unit Port Arthur or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80071-80073]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28280]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0975]
RIN 1625-AA00
Safety Zone; Lake Charles, Lake Charles, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within a 650-foot radius of a drone flight area at
30[deg]14'0.014'' N, 93[deg]14'43.492'' W, on Lake Charles. This safety
zone is necessary to protect persons and vessels from hazards
associated with a drone show. This regulation prohibits persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port, Marine Safety Unit Port Arthur or a designated
representative.
DATES: This rule is effective on December 30, 2022, from 8:50 p.m.
through 9:30 p.m.
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-
2022-0975 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 on this rule,
call or email LT Mache Mason, U.S. Coast Guard; telephone 337-912-0073,
email <a href="/cdn-cgi/l/email-protection#523f21273e3125253f12272131357c3f3b3e"><span class="__cf_email__" data-cfemail="d3bea0a6bfb0a4a4be93a6a0b0b4fdbebabf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
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 ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The NPRM process
would delay the establishment of the safety zone until after the drone
show event and compromise public safety. We must establish this
temporary safety zone immediately and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
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 this rule would be
impracticable because we must establish this safety zone by December
30, 2022 to respond to the potential safety hazards associated with the
drone show event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
700034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) Port
Arthur has determined that potential hazards associated with the drone
show at this location would be a safety concern for spectator craft and
vessels in the vicinity of the designated flight area location. 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
This rule establishes a safety zone from 8:50 p.m. through 9:30
p.m. on December 30, 2022. The safety zone will cover all navigable
waters within a 650-foot radius of a drone flight area located at
30[deg]14'0.014'' N and 93[deg]14'43.492'' W. The duration of the
safety zone is intended to protect participants, spectators, and other
persons and vessels, in the nearby navigable waters during the drone
show.
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.
[[Page 80072]]
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 size, location,
and duration of the safety zones. This action involves a drone flight
area at 30[deg]14'0.014'' N and 93[deg]14'43.492'' W, in Lake Charles
on December 30, 2022. This safety zone will be in effect for forty
minutes in a 650-foot radius. This rule would be enforced to protect
personnel, vessels, and the marine environment from hazards associated
with the drone show.
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 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 only forty minutes that will prohibit entry within
a 650-foot radius of a drone flight area. 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. 700034, 700051, 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.T08-0975 to read as follows:
Sec. 165.T08-0975 Safety Zone; Lake Charles, Lake Charles, Louisiana.
(a) Location. All waters within a 650-foot radius of the drone
flight area at 30[deg]14'0.014'' N and 93[deg]14'43.492'' W, on Lake
Charles on December 30, 2022, from 8:50 p.m. until 9:30 p.m. The
duration of the safety zone is intended to protect participants,
spectators, and other persons and vessels, on the navigable waters of
the Lake Charles during the drone show.
(b) Enforcement period. This section is effective from 8:50 p.m.
through 9:30 p.m. on December 30, 2022.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into the safety
zone described in paragraph
[[Page 80073]]
(a) of this section is prohibited unless authorized by the Captain of
the Port Marine Safety Unit Port Arthur (COTP) or a designated
representative. They may be contacted on VHF-FM channel 13 or 16, or by
phone at 337-912-0073.
(2) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(3) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(4) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.
Dated: December 20, 2022.
M.A. Wike,
Captain, U.S. Coast Guard, Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2022-28280 Filed 12-28-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 29, 2022.
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