82 FR 39972 - Safety Zone; Mississippi River; New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 162 (August 23, 2017)

Page Range		39972-39974
FR Document		2017-17479

The Coast Guard proposes to establish a temporary safety zone for certain navigable waters of the Mississippi River. This action is necessary to provide for the safety of life on these navigable waters near New Orleans, LA, during a fireworks display on October 28, 2017. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port New Orleans (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 162 (Wednesday, August 23, 2017)

[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Proposed Rules]
[Pages 39972-39974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17479]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0731]
RIN 1625-AA00


Safety Zone; Mississippi River; New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain navigable waters of the Mississippi River. This action is 
necessary to provide for the safety of life on these navigable waters 
near New Orleans, LA, during a fireworks display on October 28, 2017. 
This proposed rulemaking would prohibit persons and vessels from being 
in the safety zone unless authorized by the Captain of the Port New 
Orleans (COTP) or a designated representative. We invite your comments 
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 7, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0731 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard 
Vacco, Sector New Orleans, at (504) 365-2281 or 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New Orleans
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

    On July 17, 2017, the Coast Guard was notified of a fireworks 
display from 7:50 p.m. through 8:50 p.m. on October 28, 2017, to 
celebrate a wedding. The fireworks are to be launched from a barge in 
the Mississippi River at approximately MM 96.2, at New Orleans, LA. 
Hazards from firework displays include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. The Captain of the Port New Orleans (COTP) has determined that 
potential hazards associated with the fireworks to be used in this 
display would be a safety concern for anyone within a one-half range of 
the barge.
    The purpose of this proposed rulemaking is to ensure the safety of 
vessels and the navigable waters within a one-half mile range of the 
fireworks barge before, during, and after the scheduled event. The 
Coast Guard

[[Page 39973]]

proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 7:50 p.m. through 
8:50 p.m. on October 28, 2017. The safety zone would cover all 
navigable waters between mile marker (MM) 96 and 96.5 on the 
Mississippi River, Above Head of Passes. The duration of the zone is 
intended to ensure the safety of vessels and these navigable waters 
before, during, and after the scheduled fireworks display. No vessel or 
person would be permitted to enter the safety zone without obtaining 
permission from the COTP or a 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and short 
duration of the waterway closure, which will remain in effect for one 
hour for a small section of the waterway. In addition, vessel traffic 
seeking to transit the area may seek permission from the COTP or his 
designated representative to do so.

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 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 rule 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 rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact 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 contact 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 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 effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 lasting 1 hour that would prohibit entry within one-half mile of a 
fireworks barge. Normally such actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES. 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 contact 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

[[Page 39974]]

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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-0731 to read as follows:


Sec.  165.T08-0731  Safety Zone; Mississippi River, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Mississippi River between mile markers 96 and 96.5 Above 
Head of Passes.
    (b) Effective period. This rule is effective from 7:50 p.m. through 
8:50 p.m. on October 28, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port New Orleans (COTP) 
or designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector New 
Orleans.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners of any 
changes in the planned schedule.

    Dated: August 9, 2017.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2017-17479 Filed 8-22-17; 8:45 am]
BILLING CODE 9110-04-P

39972 Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Proposed Rules

resulting from the 2005 amendment of V. Request for Comment certain navigable waters of the
the Energy Policy Act. The OAS petition The NRC staff is requesting public Mississippi River. This action is
is available in ADAMS under Accession comment on the following specific necessary to provide for the safety of life
No. ML17173A063. questions: on these navigable waters near New
1. What products or technologies, Orleans, LA, during a fireworks display
IV. Discussion of the Petition on October 28, 2017. This proposed
other than the germanium-68 generators
The petitioner believe that patient cited in the petition, are being or could rulemaking would prohibit persons and
health and safety is being compromised be negatively affected because the vessels from being in the safety zone
due to licensing delays of important radioactive materials required for these unless authorized by the Captain of the
diagnostic and therapeutic products that products or technologies are not Port New Orleans (COTP) or a
utilize radioisotopes that are not listed currently listed on the table in appendix designated representative. We invite
in the appendix B table in 10 CFR part B of 10 CFR part 30? your comments on this proposed
30. The petitioner assert that when the 2. Please provide specific examples of rulemaking.
Energy Policy Act was amended in 2005 how the current NRC regulatory DATES: Comments and related material
to include discrete naturally-occurring framework for decommissioning must be received by the Coast Guard on
and accelerator-produced radioactive financial assurance has put an undue or before September 7, 2017.
materials (NARM) into the definition of hardship on potential license
ADDRESSES: You may submit comments
byproduct material, that 10 CFR part 30, applicants. Explain how this hardship
identified by docket number USCG–
schedule B, exempt quantities for has discouraged the development of
2017–0731 using the Federal
licensing was updated to include certain beneficial new products, or otherwise
eRulemaking Portal at http://
imposed unnecessarily burdensome
NARM isotopes. They note however that www.regulations.gov. See the ‘‘Public
requirements on licensees or members
10 CFR part 30, appendix B, ‘‘Quantities Participation and Request for
of the public (e.g., users of medical
of Licensed Material Requiring Comments’’ portion of the
diagnostic or therapeutic technologies)
Labeling,’’ which is the driver for the SUPPLEMENTARY INFORMATION section for
that depend on naturally-occurring or
decommissioning funding plan and further instructions on submitting
accelerator-produced radioactive
financial assurance, was not updated. comments.
materials (NARM).
As a result, the OAS believes that state 3. Given NRC’s current regulatory FOR FURTHER INFORMATION CONTACT: If
regulators are forced to apply overly authority over the radiological safety you have questions about this proposed
burdensome financial assurance and security of NARM, what factors rulemaking, call or email Lieutenant
obligations or evaluate on a case-by-case should the NRC take into account in Commander (LCDR) Howard Vacco,
basis special exemptions for new establishing possession limits for any of Sector New Orleans, at (504) 365–2281
products. They feel that this results in these materials that should be listed in or Howard.K.Vacco@uscg.mil.
delays in using these improved products appendix B of 10 CFR part 30? SUPPLEMENTARY INFORMATION:
or discourages their development. 4. Does this petition raise other issues
The petitioner point out that the not addressed by the questions above I. Table of Abbreviations
NRC’s Advisory Committee on the about labelling or decommissioning CFR Code of Federal Regulations
Medical Uses of Isotopes evaluated the financial assurance for radioactive COTP Captain of the Port New Orleans
financial assurance requirements for materials? Must these issues be DHS Department of Homeland Security
germanium-68 generators and addressed by a rulemaking, or are there FR Federal Register
concluded that these requirements were other regulatory solutions that NRC NPRM Notice of proposed rulemaking
should consider? § Section
too restrictive and would prevent or
U.S.C. United States Code
deter the use of promising gallium-68 Dated at Rockville, Maryland, this 16th day
diagnostic imaging agents for patients. of August, 2017. II. Background, Purpose, and Legal
Authorization for granting specific For the Nuclear Regulatory Commission. Basis
exemption from the decommissioning Annette L. Vietti-Cook, On July 17, 2017, the Coast Guard was
funding plan requirement for Ge-68/Ga- Secretary for the Commission. notified of a fireworks display from 7:50
68 generators was developed. A p.m. through 8:50 p.m. on October 28,
[FR Doc. 2017–17690 Filed 8–22–17; 8:45 am]
rulemaking action to provide a 2017, to celebrate a wedding. The
BILLING CODE 7590–01–P
permanent regulatory solution has been fireworks are to be launched from a
initiated; however, the petition notes barge in the Mississippi River at
that the OAS is disappointed that the approximately MM 96.2, at New
rule would address only this one DEPARTMENT OF HOMELAND
SECURITY Orleans, LA. Hazards from firework
isotope. displays include accidental discharge of
Rather than issue exemptions on a Coast Guard fireworks, dangerous projectiles, and
case-by-case basis, the petitioner assert falling hot embers or other debris. The
the more appropriate way to address the 33 CFR Part 165 Captain of the Port New Orleans (COTP)
inconsistency is to amend appendix B to has determined that potential hazards
[Docket Number USCG–2017–0731]
10 CFR part 30 to add appropriate associated with the fireworks to be used
radionuclides and their corresponding
pmangrum on DSK3GDR082PROD with PROPOSALS

RIN 1625–AA00 in this display would be a safety
activities. The petition states that the concern for anyone within a one-half
failure to address this inconsistency Safety Zone; Mississippi River; New range of the barge.
puts an undue hardship on certain Orleans, LA The purpose of this proposed
licensees with little or no radiation AGENCY: Coast Guard, DHS. rulemaking is to ensure the safety of
safety benefit, discourages the ACTION: Notice of proposed rulemaking. vessels and the navigable waters within
development of new beneficial a one-half mile range of the fireworks
products, and negatively impacts SUMMARY: The Coast Guard proposes to barge before, during, and after the
patient care. establish a temporary safety zone for scheduled event. The Coast Guard

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Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Proposed Rules 39973

proposes this rulemaking under with populations of less than 50,000. power and responsibilities between the
authority in 33 U.S.C. 1231. The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
605(b) that this proposed rule would not If you believe this proposed rule has
III. Discussion of Proposed Rule
have a significant economic impact on implications for federalism or Indian
The COTP proposes to establish a a substantial number of small entities. tribes, please contact the person listed
safety zone from 7:50 p.m. through 8:50 While some owners or operators of in the FOR FURTHER INFORMATION
p.m. on October 28, 2017. The safety vessels intending to transit the safety CONTACT section.
zone would cover all navigable waters zone may be small entities, for the
between mile marker (MM) 96 and 96.5 reasons stated in section IV.A above, E. Unfunded Mandates Reform Act
on the Mississippi River, Above Head of this proposed rule would not have a The Unfunded Mandates Reform Act
Passes. The duration of the zone is significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
intended to ensure the safety of vessels vessel owner or operator. Federal agencies to assess the effects of
and these navigable waters before, If you think that your business, their discretionary regulatory actions. In
during, and after the scheduled organization, or governmental particular, the Act addresses actions
fireworks display. No vessel or person jurisdiction qualifies as a small entity that may result in the expenditure by a
would be permitted to enter the safety and that this rule would have a State, local, or tribal government, in the
zone without obtaining permission from significant economic impact on it, aggregate, or by the private sector of
the COTP or a designated please submit a comment (see $100,000,000 (adjusted for inflation) or
representative. The regulatory text we ADDRESSES) explaining why you think it more in any one year. Though this
are proposing appears at the end of this qualifies and how and to what degree proposed rule would not result in such
document. this rule would economically affect it. an expenditure, we do discuss the
Under section 213(a) of the Small effects of this rule elsewhere in this
IV. Regulatory Analyses Business Regulatory Enforcement preamble.
We developed this proposed rule after Fairness Act of 1996 (Pub. L. 104–121),
considering numerous statutes and we want to assist small entities in F. Environment
Executive orders related to rulemaking. understanding this proposed rule. If the We have analyzed this proposed rule
Below we summarize our analyses rule would affect your small business, under Department of Homeland
based on a number of these statutes and organization, or governmental Security Management Directive 023–01
Executive orders and we discuss First jurisdiction and you have questions and Commandant Instruction
Amendment rights of protestors. concerning its provisions or options for M16475.lD, which guide the Coast
compliance, please contact the person Guard in complying with the National
A. Regulatory Planning and Review
listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42
Executive Orders 12866 and 13563 CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a
direct agencies to assess the costs and not retaliate against small entities that preliminary determination that this
benefits of available regulatory question or complain about this action is one of a category of actions that
alternatives and, if regulation is proposed rule or any policy or action of do not individually or cumulatively
necessary, to select regulatory the Coast Guard. have a significant effect on the human
approaches that maximize net benefits. environment. This proposed rule
Executive Order 13771 directs agencies C. Collection of Information involves a safety zone lasting 1 hour
to control regulatory costs through a This proposed rule would not call for that would prohibit entry within one-
budgeting process. This NPRM has not a new collection of information under half mile of a fireworks barge. Normally
been designated a ‘‘significant the Paperwork Reduction Act of 1995 such actions are categorically excluded
regulatory action,’’ under Executive (44 U.S.C. 3501–3520). from further review under paragraph
Order 12866. Accordingly, the NPRM 34(g) of Figure 2–1 of Commandant
D. Federalism and Indian Tribal
has not been reviewed by the Office of Instruction M16475.lD. A Record of
Governments
Management and Budget (OMB), and Environmental Consideration
pursuant to OMB guidance it is exempt A rule has implications for federalism supporting this determination is
from the requirements of Executive under Executive Order 13132, available in the docket where indicated
Order 13771. Federalism, if it has a substantial direct under ADDRESSES. We seek any
This regulatory action determination effect on the States, on the relationship comments or information that may lead
is based on the size and short duration between the national government and to the discovery of a significant
of the waterway closure, which will the States, or on the distribution of environmental impact from this
remain in effect for one hour for a small power and responsibilities among the proposed rule.
section of the waterway. In addition, various levels of government. We have
vessel traffic seeking to transit the area analyzed this proposed rule under that G. Protest Activities
may seek permission from the COTP or Order and have determined that it is The Coast Guard respects the First
his designated representative to do so. consistent with the fundamental Amendment rights of protesters.
federalism principles and preemption Protesters are asked to contact the
B. Impact on Small Entities requirements described in Executive person listed in the FOR FURTHER
The Regulatory Flexibility Act of Order 13132. INFORMATION CONTACT section to
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
pmangrum on DSK3GDR082PROD with PROPOSALS

coordinate protest activities so that your
requires Federal agencies to consider tribal implications under Executive message can be received without
the potential impact of regulations on Order 13175, Consultation and jeopardizing the safety or security of
small entities during rulemaking. The Coordination with Indian Tribal people, places, or vessels.
term ‘‘small entities’’ comprises small Governments, because it would not have
businesses, not-for-profit organizations a substantial direct effect on one or V. Public Participation and Request for
that are independently owned and more Indian tribes, on the relationship Comments
operated and are not dominant in their between the Federal Government and We view public participation as
fields, and governmental jurisdictions Indian tribes, or on the distribution of essential to effective rulemaking, and

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Document Created: 2017-08-22 23:51:17
Document Modified: 2017-08-22 23:51:17

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before September 7, 2017.
Contact		If you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, at (504) 365-2281 or [email protected]
FR Citation		82 FR 39972
RIN Number		1625-AA00
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 39972 - Safety Zone; Mississippi River; New Orleans, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 162 (August 23, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard