82 FR 44077 - Safety Zone; Mississippi River, New Orleans, LA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 182 (September 21, 2017)
Coast Guard
Federal Register Volume 82, Issue 182 (September 21, 2017)
| Page Range | 44077-44079 | |
| FR Document | 2017-20109 |
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)] [Rules and Regulations] [Pages 44077-44079] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20109] ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for all navigable waters on the Mississippi River between mile marker (MM) 96.0 and MM 96.5. This action is necessary to provide for the safety of life on these navigable waters near New Orleans, LA, during a fireworks display. Entry of vessels or persons into this safety zone is prohibited unless authorized by the Captain of the Port Sector New Orleans (COTP) or a designated representative. DATES: This rule is effective from 7:50 p.m. to 8:50 p.m. on October 28, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0731 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, U.S. Coast Guard; at (504) 365-2281, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector 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 Information and Regulatory History The Coast Guard preceded this final rule with a Notice of Proposed Rulemaking (NPRM). The NPRM was published in the Federal Register on August 23, 2017, (82 FR 39972). We invited comments on our proposed regulatory action related to work on power lines extending over the Mississippi River in New Orleans, LA. The NPRM listed dates and times of enforcement of the safety zone. During the comment period that ended September 7, 2017, we received one comment. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Sector New Orleans (COTP) has determined that potential hazards associated with the fireworks display from 7:50 p.m. to 8:50 p.m. on October 28, 2017 will present a safety concern for all navigable waters on the Mississippi River from mile marker (MM) 96.0 and MM 96.5. The purpose of this rule is to ensure safety of life and vessels on the navigable waters in the safety zone before, during, and after the scheduled event. IV. Discussion of Comments, Changes, and the Rule During the comment period, one comment was received. The commenter made a general statement that he or she was against ``safe spaces''. The commenter did not indicate if he or she was against the proposed safety zone or the reasons for it. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. The rule establishes 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 MM 96.0 and 96.5 on the Mississippi River in New Orleans, LA. The duration of the zone is intended to ensure the safety of life and vessels on these navigable waters before, during, and after the scheduled fireworks display. Entry into this safety zone is prohibited 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. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has [[Page 44078]] 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, location, duration, and time-of-year of the safety zone. This safety zone will be enforced for a period of one hour on one day on one half of one mile of navigable waters. Vessel traffic will be able to safely navigate through the affected area before and after the scheduled event. Entry into the safety zones established through this rulemaking may be requested from the COTP or a designated representative and will be considered on a case-by-case. 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 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 contact 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. If you believe this 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 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 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 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 lasting one hour on one day extending one half of one mile that will prohibit entry on all navigable waters of the Mississippi River from mile marker (MM) 96.0 and MM 96.5. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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. 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 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: 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 marker (MM) 96.0 and MM 96.5. (b) Effective period. This section is effective from 7:50 p.m. through 8:50 p.m. on October 28, 2017. (c) Definitions. As used in this section, a designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to Sector New Orleans, U.S. Coast Guard. (d) 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 [[Page 44079]] Sector New Orleans (COTP) or designated representative. (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. (e) 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: September 15, 2017. Wayne R. Arguin, Captain, U.S. Coast Guard, Captain of the Port New Orleans. [FR Doc. 2017-20109 Filed 9-20-17; 8:45 am] BILLING CODE 9110-04-P
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(COTP) or a COTP representative. DEPARTMENT OF HOMELAND enforcement of the safety zone. During
However, any vessel that is granted SECURITY the comment period that ended
permission by the COTP or a COTP September 7, 2017, we received one
representative must proceed through the Coast Guard comment.
area with caution and operate at a speed III. Legal Authority and Need for Rule
no faster than that speed necessary to 33 CFR Part 165
maintain a safe course, unless otherwise The Coast Guard is issuing this rule
[Docket Number USCG–2017–0731] under authority in 33 U.S.C. 1231. The
required by the Navigation Rules.
RIN 1625–AA00 Captain of the Port Sector New Orleans
(2) Any person or vessel permitted to (COTP) has determined that potential
enter the safety zone shall comply with Safety Zone; Mississippi River, New hazards associated with the fireworks
the directions and orders of the COTP Orleans, LA display from 7:50 p.m. to 8:50 p.m. on
or a COTP representative. Upon being October 28, 2017 will present a safety
hailed by a U.S. Coast Guard vessel by AGENCY: Coast Guard, DHS. concern for all navigable waters on the
siren, radio, flashing lights, or other ACTION: Final rule. Mississippi River from mile marker
means, the operator of a vessel within (MM) 96.0 and MM 96.5. The purpose
SUMMARY: The Coast Guard is
the zone shall proceed as directed. Any of this rule is to ensure safety of life and
establishing a temporary safety zone for
person or vessel within the safety zone vessels on the navigable waters in the
all navigable waters on the Mississippi
shall exit the zone when directed by the safety zone before, during, and after the
River between mile marker (MM) 96.0
COTP or a COTP representative. scheduled event.
and MM 96.5. This action is necessary
(3) To obtain permissions required by to provide for the safety of life on these IV. Discussion of Comments, Changes,
this regulation, individuals may reach navigable waters near New Orleans, LA, and the Rule
the COTP or a COTP representative via during a fireworks display. Entry of During the comment period, one
Channel 16 (VHF–FM) or (207) 741– vessels or persons into this safety zone comment was received. The commenter
5465 (Sector Northern New England is prohibited unless authorized by the made a general statement that he or she
Command Center). Captain of the Port Sector New Orleans was against ‘‘safe spaces’’. The
(COTP) or a designated representative. commenter did not indicate if he or she
(d) Penalties. Those who violate this
DATES: This rule is effective from 7:50 was against the proposed safety zone or
section are subject to the penalties set
forth in 33 U.S.C. 1232. p.m. to 8:50 p.m. on October 28, 2017. the reasons for it. There are no changes
ADDRESSES: To view documents in the regulatory text of this rule from
(e) Notification. Coast Guard Sector mentioned in this preamble as being the proposed rule in the NPRM.
Northern New England will give notice available in the docket, go to http:// The rule establishes a safety zone
through the Local Notice to Mariners www.regulations.gov, type USCG–2017– from 7:50 p.m. through 8:50 p.m. on
and Broadcast Notice to Mariners for the 0731 in the ‘‘SEARCH’’ box and click October 28, 2017. The safety zone
purpose of enforcement of temporary ‘‘SEARCH.’’ Click on Open Docket would cover all navigable waters
safety zone. Sector Northern New Folder on the line associated with this between MM 96.0 and 96.5 on the
England will also notify the public to rule. Mississippi River in New Orleans, LA.
the greatest extent possible of any FOR FURTHER INFORMATION CONTACT: If The duration of the zone is intended to
period in which the Coast Guard will you have questions about this proposed ensure the safety of life and vessels on
suspend enforcement of this safety zone. rulemaking, call or email Lieutenant these navigable waters before, during,
(f) COTP representative. A COTP Commander (LCDR) Howard Vacco, and after the scheduled fireworks
representative may be any Coast Guard Sector New Orleans, U.S. Coast Guard; display. Entry into this safety zone is
at (504) 365–2281, email prohibited without obtaining
commissioned, or petty officer or any
Howard.K.Vacco@uscg.mil. permission from the COTP or a
federal, state, or local law enforcement
designated representative.
officer who has been designated by the SUPPLEMENTARY INFORMATION:
COTP to act on the COTP’s behalf. A V. Regulatory Analyses
I. Table of Abbreviations
COTP representative may be on a Coast We developed this rule after
Guard vessel, a Coast Guard Auxiliary CFR Code of Federal Regulations considering numerous statutes and
vessel, a state or local law enforcement COTP Captain of the Port Sector New
Orleans
Executive orders related to rulemaking.
vessel, or a location on shore. DHS Department of Homeland Security Below we summarize our analyses
Dated: September 15, 2017. FR Federal Register based on a number of these statutes and
NPRM Notice of proposed rulemaking Executive orders, and we discuss First
M.A. Baroody,
§ Section Amendment rights of protestors.
Captain, U.S. Coast Guard, Captain of the U.S.C. United States Code
Port, Sector Northern New England. A. Regulatory Planning and Review
[FR Doc. 2017–20068 Filed 9–20–17; 8:45 am] II. Background Information and Executive Orders 12866 and 13563
BILLING CODE 9110–04–P
Regulatory History direct agencies to assess the costs and
The Coast Guard preceded this final benefits of available regulatory
rule with a Notice of Proposed alternatives and, if regulation is
asabaliauskas on DSKBBXCHB2PROD with RULES
Rulemaking (NPRM). The NPRM was necessary, to select regulatory
published in the Federal Register on approaches that maximize net benefits.
August 23, 2017, (82 FR 39972). We Executive Order 13771 directs agencies
invited comments on our proposed to control regulatory costs through a
regulatory action related to work on budgeting process. This rule has not
power lines extending over the been designated a ‘‘significant
Mississippi River in New Orleans, LA. regulatory action,’’ under Executive
The NPRM listed dates and times of Order 12866. Accordingly, this rule has
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![Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44079
Sector New Orleans (COTP) or review of the notice, made an SUPPLEMENTARY INFORMATION:
designated representative. appropriate determination on the notice,
(2) Vessels requiring entry into this I. General Information
and take such actions as are required
safety zone must request permission with that determination. A. Does this action apply to me?
from the COTP or a designated DATES: This rule is effective on
representative. They may be contacted You may be potentially affected by
November 20, 2017. For purposes of
on VHF–FM Channel 16 or 67. this action if you manufacture, process,
judicial review, this rule shall be
(3) Persons and vessels permitted to or use the chemical substances
promulgated at 1 p.m. (e.s.t.) on October
enter this safety zone must transit at contained in this rule. The following list
5, 2017.
their slowest safe speed and comply Written adverse or critical comments, of North American Industrial
with all lawful directions issued by the or notice of intent to submit adverse or Classification System (NAICS) codes is
COTP or the designated representative. critical comments, on one or more of not intended to be exhaustive, but rather
(e) Information broadcasts. The COTP these SNURs must be received on or provides a guide to help readers
or a designated representative will before October 23, 2017 (see Unit VI. of determine whether this document
inform the public through Broadcast the SUPPLEMENTARY INFORMATION). If EPA applies to them. Potentially affected
Notices to Mariners of any changes in receives written adverse or critical entities may include:
the planned schedule. comments, or notice of intent to submit • Manufacturers or processors of one
Dated: September 15, 2017. adverse or critical comments, on one or or more subject chemical substances
Wayne R. Arguin, more of these SNURs before October 23, (NAICS codes 325 and 324110), e.g.,
Captain, U.S. Coast Guard, Captain of the 2017, EPA will withdraw the relevant chemical manufacturing and petroleum
Port New Orleans. sections of this direct final rule before refineries.
[FR Doc. 2017–20109 Filed 9–20–17; 8:45 am] its effective date. This action may also affect certain
BILLING CODE 9110–04–P
For additional information on related entities through pre-existing import
reporting requirement dates, see Units certification and export notification
I.A., VI., and VII. of the SUPPLEMENTARY rules under TSCA. Chemical importers
INFORMATION. are subject to the TSCA section 13 (15
ENVIRONMENTAL PROTECTION
AGENCY ADDRESSES: Submit your comments, U.S.C. 2612) import certification
identified by docket identification (ID) requirements promulgated at 19 CFR
40 CFR Parts 9 and 721 number EPA–HQ–OPPT–2016–0331, by 12.118 through 12.127 and 19 CFR
one of the following methods: 127.28. Chemical importers must certify
[EPA–HQ–OPPT–2016–0331; FRL–9959–81] • Federal eRulemaking Portal: http:// that the shipment of the chemical
RIN 2070–AB27 www.regulations.gov. Follow the online substance complies with all applicable
instructions for submitting comments. rules and orders under TSCA. Importers
Significant New Use Rules on Certain Do not submit electronically any of chemicals subject to these SNURs
Chemical Substances information you consider to be must certify their compliance with the
AGENCY: Environmental Protection Confidential Business Information (CBI) SNUR requirements. The EPA policy in
Agency (EPA). or other information whose disclosure is support of import certification appears
restricted by statute. at 40 CFR part 707, subpart B. In
ACTION: Direct final rule.
• Mail: Document Control Office addition, any persons who export or
SUMMARY: EPA is promulgating (7407M), Office of Pollution Prevention intend to export a chemical substance
significant new use rules (SNURs) under and Toxics (OPPT), Environmental that is the subject of this rule on or after
the Toxic Substances Control Act Protection Agency, 1200 Pennsylvania October 23, 2017 are subject to the
(TSCA) for 37 chemical substances Ave. NW., Washington, DC 20460–0001. export notification provisions of TSCA
which were the subject of • Hand Delivery: To make special section 12(b) (15 U.S.C. 2611(b)) (see
premanufacture notices (PMNs). The arrangements for hand delivery or § 721.20), and must comply with the
applicable review periods for the PMNs delivery of boxed information, please export notification requirements in 40
submitted for these 37 chemical follow the instructions at http:// CFR part 707, subpart D.
substances all ended prior to June 22, www.epa.gov/dockets/contacts.html.
Additional instructions on commenting B. What should I consider as I prepare
2016 (i.e., the date on which President my comments for EPA?
Obama signed into law the Frank R. or visiting the docket, along with more
Lautenberg Chemical Safety for the 21st information about dockets generally, is 1. Submitting CBI. Do not submit this
Century Act which amends TSCA). Six available at http://www.epa.gov/ information to EPA through
of these chemical substances are subject dockets. regulations.gov or email. Clearly mark
to TSCA section 5(e) consent orders FOR FURTHER INFORMATION CONTACT: For the part or all of the information that
issued by EPA. This action requires technical information contact: Kenneth you claim to be CBI. For CBI
persons who intend to manufacture Moss, Chemical Control Division information in a disk or CD–ROM that
(defined by statute to include import) or (7405M), Office of Pollution Prevention you mail to EPA, mark the outside of the
process any of these 37 chemical and Toxics, Environmental Protection disk or CD–ROM as CBI and then
substances for an activity that is Agency, 1200 Pennsylvania Ave. NW. identify electronically within the disk or
designated as a significant new use by Washington, DC 20460–0001; telephone CD–ROM the specific information that
asabaliauskas on DSKBBXCHB2PROD with RULES
this rule to notify EPA at least 90 days number: (202) 564–9232; email address: is claimed as CBI. In addition to one
before commencing that activity. The moss.kenneth @epa.gov. complete version of the comment that
required notification initiates EPA’s For general information contact: The includes information claimed as CBI, a
evaluation of the intended use within TSCA–Hotline, ABVI–Goodwill, 422 copy of the comment that does not
the applicable review period. South Clinton Ave. Rochester, NY contain the information claimed as CBI
Manufacture and processing for the 14620; telephone number: (202) 554– must be submitted for inclusion in the
significant new use is unable to 1404; email address: TSCA-Hotline@ public docket. Information so marked
commence until EPA has conducted a epa.gov. will not be disclosed except in
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Document Created: 2018-10-24 14:35:54
Document Modified: 2018-10-24 14:35:54
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective from 7:50 p.m. to 8:50 p.m. on October 28, 2017. | |
| Contact | If you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, U.S. Coast Guard; at (504) 365-2281, email [email protected] | |
| FR Citation | 82 FR 44077 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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