Rule2024-14374
Safety Zone; Reoccurring Firework Displays Near Convention Center on the Mobile River; Mobile, AL
Primary source
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Published
July 1, 2024
Effective
July 31, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 126 (Monday, July 1, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14374]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#95c6f0f6e1fae7d8faf7fcf9f0c2f4e1f0e7e2f4ece6d5e0e6f6f2bbf8fcf9"><span class="__cf_email__" data-cfemail="683b0d0b1c071a25070a01040d3f091c0d1a1f09111b281d1b0b0f46050104">[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
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
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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
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