Rule2024-10267
Special Local Regulation; Red River, Shreveport, 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
May 10, 2024
Effective
May 24, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) for certain navigable waters of the Red River. This action is necessary to provide for the safety of life on these navigable waters near Shreveport, Louisiana, during high-speed powerboat races from May 24, 2024 through May 26, 2024. This rulemaking prohibits persons and vessels from being in the regulated area unless authorized by the Captain of the Port Sector Lower Mississippi River or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Rules and Regulations]
[Pages 40382-40384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10267]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0177]
RIN 1625-AA08
Special Local Regulation; Red River, Shreveport, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
[[Page 40383]]
regulation (SLR) for certain navigable waters of the Red River. This
action is necessary to provide for the safety of life on these
navigable waters near Shreveport, Louisiana, during high-speed
powerboat races from May 24, 2024 through May 26, 2024. This rulemaking
prohibits persons and vessels from being in the regulated area unless
authorized by the Captain of the Port Sector Lower Mississippi River or
a designated representative.
DATES: This rule is effective from 6 a.m. on May 24, 2024 through 6
p.m. on May 26, 2024.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email MSTC Lindsey Swindle, Waterways Management, U.S. Coast
Guard; telephone 571-610-4197, email <a href="/cdn-cgi/l/email-protection#d599bcbbb1a6b0acfb98fb86a2bcbbb1b9b095a0a6b6b2fbb8bcb9"><span class="__cf_email__" data-cfemail="226e4b4c4651475b0c6f0c71554b4c464e4762575141450c4f4b4e">[email protected]</span></a>.
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
On December 8, 2023, an organization notified the Coast Guard that
it will be conducting high-speed powerboat races from 6 a.m. through 6
p.m. each day from May 24, 2024, through May 26, 2024. The races will
take place between mile marker 228.1 and mile marker 228.8 on the Red
River, Shreveport, LA, and involve approximately 55 powerboats ranging
from 14 to 18 feet in length. No spectator craft will be allowed in the
regulated area. The Captain of the Port Sector Lower Mississippi River
(COTP) has determined that potential hazards associated with the high-
speed powerboat race would be a safety concern for participants,
participant vessels, and general public. In response, on March 25,
2024, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled Special Local Regulation: Red River, Shreveport, LA (89 FR
20577). 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 April 10, 2024, 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 impracticable because immediate action is needed to
respond to the potential safety hazards associated with the high-speed
powerboat race would be a safety concern for participants, participant
vessels, and general public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Lower Mississippi River (COTP)
has determined that potential hazards associated with the high-speed
powerboat race would be a safety concern for participants, participant
vessels, and general public. The purpose of this rule is to ensure
safety of vessels and the navigable waters in the regulated area
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment to our NPRM published March
25, 2024. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. The Coast Guard conducted a National
Environmental Policy Act (NEPA) analysis for this marine event and
determined not be a danger to the environment. In addition, the Coast
Guard will monitor the event via contact with the sponsor and the
sponsor will have adequate boat crew on-site.
This rule establishes a temporary special local regulation from 6
a.m. to 6 p.m. each day on May 24, 2024 through May 26, 2024. The
temporary special local regulation will cover all navigable waters
within from mile marker 228.1 to mile marker 228.8 in Shreveport, LA.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the high-speed
powerboat races. 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 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 special local regulation,
which will impact mile marker 228.1 to mile marker 228.8 on the Red
River for 12 hours each day. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
regulated area, breaks in the racing will provide vessels opportunity
to transit, 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 zero 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
[[Page 40384]]
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
special local regulation lasting approximately 12 hours on three
separate days that will prohibit entry of persons or vessels during the
Red River Rumble F1 Powerboat Showdown high-speed powerboat races. It
is categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0177 to read as follows:
Sec. 100.T08-0177 Red River Rumble F1 Powerboat Showdown, Shreveport,
LA.
(a) Regulated area. The regulations in this section apply to the
following area: A special local regulation is established to encompass
all waters of the Red River from mile marker 228.1 to mile marker
228.8.
(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 Lower Mississippi
River (COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or their designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by 314-269-2332. Those in the regulated area must comply
with all lawful orders or directions given to them by the COTP or the
designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via Broadcast Notice to Mariners and by on-scene
designated representatives.
(d) Enforcement periods. This section is effective from 6 a.m. on
May 24, 2024 until 6 p.m. on May 26, 2024. This section will be subject
to enforcement from 6 a.m. to 6 p.m. each day.
Dated: May 6, 2024.
Kristi L. Bernstein,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2024-10267 Filed 5-9-24; 8:45 am]
BILLING CODE 9110-04-P
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