Proposed Rule2024-05422
Safety Zone; Reoccurring Firework Displays Near Convention Center on the Mobile River, Mobile, AL
Primary source
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Published
March 14, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish 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 would 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 proposed rulemaking would 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.
Full Text
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<title>Federal Register, Volume 89 Issue 51 (Thursday, March 14, 2024)</title>
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[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Proposed Rules]
[Pages 18583-18585]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05422]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. 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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish 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
would 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
proposed rulemaking would 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: Comments and related material must be received by the Coast
Guard on or before April 15, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0119 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket USCG-2024-0119.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Lawrence J. Schad,
Waterways Management, Sector Mobile, U.S. Coast Guard; telephone 251-
382-8653, email <a href="/cdn-cgi/l/email-protection#bae9dfd9ced5c8f7d5d8d3d6dfeddbcedfc8cddbc3c9facfc9d9dd94d7d3d6"><span class="__cf_email__" data-cfemail="c093a5a3b4afb28dafa2a9aca597a1b4a5b2b7a1b9b380b5b3a3a7eeada9ac">[email protected]</span></a>.
[[Page 18584]]
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, Purpose, and Legal Basis
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. Hazards from firework displays
include accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris. The COTP has determined that
potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone within an area up to a
100-yard radius of the barge upon which the display occurs.
The purpose of this proposed 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. The method to announce the enforcement details of the safety
zone will be made by marine broadcasts, local notice to mariners, local
news media, distributions in leaflet form, or on scene oral notice as
appropriate. The Coast Guard may also issue notices of enforcement in
the Federal Register to announce the dates and times of the safety zone
enforcement. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish 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 would be subject
to enforcement for approximately one hour when a barge-based fireworks
display is scheduled to occur. No person would 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
would be permitted to enter the safety zone without obtaining
permission from the COTP, or a COTP designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM 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, the NPRM 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 would
impact a small, 100-yard, designated area of the Mobile River for
approximately one hour or less on an estimated five to ten days of the
year. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rulemaking would economically affect it.
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed 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
[[Page 18585]]
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a safety
zone that would prohibit entry within 100 yards of a fireworks barge
for one hour periods, several times a year. Normally such actions are
categorically excluded from further review under paragraph L(60)a of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary 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. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0119 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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) 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 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: March 8, 2024.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2024-05422 Filed 3-13-24; 8:45 am]
BILLING CODE 9110-04-P
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