Rule2024-17289
Safety Zone; Lower Mississippi River, Mile Marker 229.2 Baton Rouge to Mile Marker 92.7 New Orleans, 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
August 6, 2024
Effective
August 14, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary moving safety zone around the procession of boats participating in the marine event, Fete Dieu Du Mississippi, on the Lower Mississippi River in New Orleans, LA. The safety zone is necessary to protect persons and vessels from the potential hazards associated with a moving flotilla of vessels and the potential for marine traffic congestion on the Lower Mississippi River. Entry of vessels or persons into the zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans or a designated representative, or the pilot of the M/V KNIGHT HAWK.
Full Text
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<title>Federal Register, Volume 89 Issue 151 (Tuesday, August 6, 2024)</title>
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[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Rules and Regulations]
[Pages 63816-63818]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17289]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0652]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Mile Marker 229.2 Baton
Rouge to Mile Marker 92.7 New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the procession of boats participating in the marine event, Fete
Dieu Du Mississippi, on the Lower Mississippi River in New Orleans, LA.
The safety zone is necessary to protect persons and vessels from the
potential hazards associated with a moving flotilla of vessels and the
potential for marine traffic congestion on the Lower Mississippi River.
Entry of vessels or persons into the zone is prohibited unless
specifically authorized by the Captain of the Port Sector New Orleans
or a designated representative, or the pilot of the M/V KNIGHT HAWK.
DATES: This rule is effective from 10 a.m. on August 14, 2024 through
5:30 p.m. on August 15, 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-
2024-0652 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 Commander Xiaobin Tuo, Sector New Orleans,
U.S. Coast Guard; 504-365-2246, email <a href="/cdn-cgi/l/email-protection#59013038363b3037770d2c36192c2a3a3e77343035"><span class="__cf_email__" data-cfemail="91c9f8f0fef3f8ffbfc5e4fed1e4e2f2f6bffcf8fd">[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 Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM Mile Marker
MSIB Marine Safety Information Bulletin
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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' Prompt action is
necessary to protect persons and vessels from the potential safety
hazards associated with a moving flotilla of vessels and the potential
for marine traffic congestion on the Lower Mississippi River. It is
impracticable to publish an NPRM because we must establish this safety
zone by August 14, 2024.
Also, 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 prompt action is needed to
respond to the potential safety hazards associated with a moving
flotilla and the potential for marine traffic congestion on the Lower
Mississippi River.
[[Page 63817]]
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 New Orleans (COTP) has determined
that a temporary moving safety zone is necessary to provide for the
safety of persons, vessels, and the marine environment during the Fete
Dieu Du Mississippi procession from Baton Rouge, LA to New Orleans, LA.
Potential hazards include risk of injury if normal vessel traffic or
spectators were to interfere with the flotilla's movement. The transit
is scheduled to take place from 10 a.m. to 5:30 p.m. on August 14, 2024
and 10 a.m. to 5:30 p.m. on August 15, 2024, on the navigable waters of
the Lower Mississippi River. This rule is needed to protect persons,
vessels, and the marine environment from hazards associated with a
flotilla on the navigable waters within the safety zone while vessels
transit.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone that will be
enforced from 10 a.m. to 5:30 p.m., daily, on August 14, 2024 and
August 15, 2024. The safety zone will cover all navigable waters around
the Fete Dieu Du Mississippi Flotilla as it transits the Lower
Mississippi River between Baton Rouge, LA MM 229.2 and New Orleans, LA
MM 92.7. The M/V KNIGHT HAWK will serve as the vessel in charge of the
flotilla. The moving safety zone will encompass all navigable waters
within a two-mile radius around the M/V KNIGHT HAWK. This safety
measure is necessary to protect persons and vessels from the potential
safety hazards associated with congested maritime traffic on the Lower
Mississippi River and the movement of the flotilla. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP, a designated representative, or the pilot onboard the M/
V KNIGHT HAWK.
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 minimal impacts on
routine navigation expected. The temporary moving safety zone will not
interfere with a vessel's ability to make passing and overtaking
arrangements. Routine navigation around and near the proposed safety
zone will not be impacted. The temporary moving safety zone is intended
to provide additional time and opportunity to negotiate navigational
meeting and overtaking arrangements and to maneuver without causing
delay for both the flotilla and other vessels operating in the area.
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
temporary moving 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
[[Page 63818]]
significant effect on the human environment. This rule involves
establishing a temporary moving safety zone on the navigable waters
within a two-mile radius around the M/V KNIGHT HAWK on the LMR, lasting
two days. It is categorically excluded from further review under
paragraph L63(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.T08-0652 to read as follows:
Sec. 165.T08-0652 Safety Zone; Lower Mississippi River, Mile Marker
229.2 Baton Rouge to Mile Marker 92.7 New Orleans, LA
(a) Location. The following area is a safety zone: all navigable
waters within the Lower Mississippi River, around the flotilla
transiting between Baton Rouge MM 229.2 at approximate position
30[deg]26'200'' N, 91[deg]11'800'' W [NAD 83] and approximate MM 92.7
in New Orleans, Louisiana on the Lower Mississippi River. The temporary
moving safety zone will consist of a two-mile radius around the M/V
KNIGHT HAWK. The zone remains in effect during the entire transit of
the flotilla from Baton Rouge, LA to Convent, LA on day one, then from
Convent, LA to New Orleans, LA on day two.
(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 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, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative, except as provided for in paragraph
(c)(2) and (3) of this section.
(2) For this section the pilot onboard the M/V KNIGHT HAWK has the
authority to allow other vessels to enter the safety zone when
necessary.
(3) All vessels are prohibited from entering this safety zone
unless authorized as follows:
(i) Vessels that have made suitable passing or overtaking
arrangements with the pilot onboard the M/V KNIGHT HAWK, may enter this
safety zone in accordance with those agreed upon arrangements.
(ii) Moored vessels or vessels anchored in a designated anchorage
area may remain in their current moored or anchored position while the
flotilla transits the area.
(iii) Barge Fleets or vessels working a fleet may continue their
current operations while the flotilla transits the area.
(d) Enforcement period. This section will be enforced from 10 a.m.
to 5:30 p.m., daily, on August 14, 2024 and August 15, 2024.
(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 Bulletins (MSIBs)
as appropriate.
Dated: July 31, 2024.
G.A. Callaghan,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2024-17289 Filed 8-5-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 6, 2024.
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.