82_FR_61943 82 FR 61694 - Safety Zone; Mississippi River, Baton Rouge, LA

82 FR 61694 - Safety Zone; Mississippi River, Baton Rouge, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 249 (December 29, 2017)

Page Range61694-61696
FR Document2017-28145

The Coast Guard is establishing a temporary safety zone for all navigable waters from mile marker (MM) 229.5 to MM 230.5 Above Head of Passes on the Lower Mississippi River. This temporary safety zone is necessary to provide for the safety of life on these navigable waters near downtown, Baton Rouge, LA, during a fireworks display on December 31, 2017. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans or a designated representative.

Federal Register, Volume 82 Issue 249 (Friday, December 29, 2017)
[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Rules and Regulations]
[Pages 61694-61696]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28145]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1077]
RIN 1625-AA00


Safety Zone; Mississippi River, Baton Rouge, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters from mile marker (MM) 229.5 to MM 230.5 Above Head 
of Passes on the Lower Mississippi River. This temporary safety zone is 
necessary to provide for the safety of life on these navigable waters 
near downtown, Baton Rouge, LA, during a fireworks display on December 
31, 2017. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector New 
Orleans or a designated representative.

DATES: This rule is effective from 11:30 p.m. on December 31, 2017, 
through 1 a.m. on January 1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1077 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 on this rule, 
call or email Lieutenant Raymond Wagner, Marine Safety Unit Baton 
Rouge, U.S. Coast Guard; telephone 225-298-5400 ext. 230, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes
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 is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impractical and contrary to 
public interest. We must establish this safety zone by December 31, 
2017. It is impracticable to publish an NPRM because we lack sufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing the rule. It is also contrary to public 
interest as it would delay the safety measures necessary to protect 
life and property from the possible hazards associated with the 
display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. Waiting a full 30 days after publication in the 
Federal Register is contrary to the public interest as that would delay 
the effectiveness of the safety zone until after the planned fireworks 
event. Immediate action is needed to protect vessels and mariners from 
the safety hazards associated with an aerial fireworks display over the 
waterway. The Coast Guard will notify the public and maritime community 
that the safety zone will be in effect and of the enforcement periods 
via broadcast notices to mariners.

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 on 
December 31, 2017 will be a safety concern for any vessels or persons 
in the vicinity of the launch area between mile marker (MM) 229.5 and 
MM 230.5 Above Head of Passes (AHP) on the Lower Mississippi River. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
fireworks display.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the 
Lower Mississippi River for 1 hour and 30 minutes on the night of 
December 31, 2017. The safety zone will include all navigable waters of 
the Lower Mississippi River in Baton Rouge, LA, from mile marker (MM) 
229.5 to MM

[[Page 61695]]

230.5, AHP. Entry into this zone is prohibited unless permission has 
been granted by the COTP or a designated representative. Public 
notifications will be made to the local maritime community prior to the 
event through broadcast notice to mariners. Mariners and other members 
of the public may also contact the COTP to inquire about the safety 
zone by telephone at (225) 298-5400 ext. 230.

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 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 temporary 
safety zone will only restrict navigation on the Lower Mississippi 
River on an area of less than 2 miles and for 1 hour and 30 minutes on 
the night of December 31, 2017. Due to the limited scope and short 
duration of the safety zone, the impacts on routine navigation are 
expected to be minimal.

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 
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 above.

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 establishment of a temporary safety zone for all waters 
of the Lower Mississippi River from MM 229.5 to MM 230.5 AHP. 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. 01. 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

    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:

[[Page 61696]]

PART 165--SPECIFIC 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.T08-1077 to read as follows:


Sec.  165.T08-1077  Safety Zone; Fireworks Display Lower Mississippi 
River mile marker (MM) 229.5 to MM 230.5, Baton Rouge, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River from mile marker 229.5 to mile 
marker 230.5 Above Head of Passes, Baton Rouge, LA.
    (b) 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 New Orleans (COTP) or the COTP's designated representative.
    (2) To seek permission to enter, vessels must request permission 
from the COTP or a designated representative. The designated 
representative can be contacted on VHF-FM Channel 16 or 67, or through 
the Marine Safety Unit Baton Rouge Officer of the Day at 225-281-4789.
    (3) Persons and vessels permitted to enter this temporary safety 
zone must transit at the slowest speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (c) Enforcement period. This section will be enforced from 11:30 
p.m. on December 31, 2017, through 1 a.m. on January 1, 2018.

    Dated: December 22, 2017
K.M. Luttrell,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector New 
Orleans.
[FR Doc. 2017-28145 Filed 12-28-17; 8:45 am]
 BILLING CODE 9110-04-P



                                              61694            Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Rules and Regulations

                                                 (A) For the first 12 months of                       DEPARTMENT OF HOMELAND                                U.S.C. 553(b)). This provision
                                              implementation, the TRICARE IRF PPS                     SECURITY                                              authorizes an agency to issue a rule
                                              allowable cost will be 135 percent of                                                                         without prior notice and opportunity to
                                              Medicare IRF PPS amounts.                               Coast Guard                                           comment when the agency for good
                                                                                                                                                            cause finds that those procedures are
                                                 (B) For the second 12 months of
                                                                                                      33 CFR Part 165                                       ‘‘impracticable, unnecessary, or contrary
                                              implementation, the TRICARE IRF PPS
                                                                                                                                                            to the public interest.’’ Under 5 U.S.C.
                                              allowable cost will be 115 percent of the               [Docket Number USCG–2017–1077]
                                                                                                                                                            553(b)(B), the Coast Guard finds that
                                              Medicare IRF PPS amounts.                                                                                     good cause exists for not publishing a
                                                                                                      RIN 1625–AA00
                                                 (C) For the third 12 months of                                                                             notice of proposed rulemaking (NPRM)
                                              implementation, and subsequent years,                   Safety Zone; Mississippi River, Baton                 with respect to this rule because it is
                                              the TRICARE IRF PPS allowable cost                      Rouge, LA                                             impractical and contrary to public
                                              will be 100 percent of the Medicare IRF                                                                       interest. We must establish this safety
                                                                                                      AGENCY:    Coast Guard, DHS.                          zone by December 31, 2017. It is
                                              PPS amounts.
                                                                                                      ACTION:   Temporary final rule.                       impracticable to publish an NPRM
                                                 (iii) The IRF PPS allowable cost in
                                                                                                                                                            because we lack sufficient time to
                                              paragraph (a)(10)(ii) of this section may               SUMMARY: The Coast Guard is
                                                                                                                                                            provide a reasonable comment period
                                              be supplemented by an inpatient                         establishing a temporary safety zone for              and then consider those comments
                                              general temporary military contingency                  all navigable waters from mile marker                 before issuing the rule. It is also
                                              payment adjustment (GTMCPA) for                         (MM) 229.5 to MM 230.5 Above Head of                  contrary to public interest as it would
                                              TRICARE authorized IRFs.                                Passes on the Lower Mississippi River.                delay the safety measures necessary to
                                                                                                      This temporary safety zone is necessary               protect life and property from the
                                                 (A) This is a year-end discretionary,
                                                                                                      to provide for the safety of life on these            possible hazards associated with the
                                              temporary adjustment that the Director,
                                                                                                      navigable waters near downtown, Baton                 display.
                                              DHA (or designee) may approve based                     Rouge, LA, during a fireworks display
                                              on the following criteria:                                                                                       Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                      on December 31, 2017. Entry of vessels                Guard finds that good cause exists for
                                                 (1) The IRF serves a disproportionate                or persons into this zone is prohibited               making it effective less than 30 days
                                              share of ADSMs and ADDs;                                unless specifically authorized by the                 after publication in the Federal
                                                 (2) The IRF is a TRICARE network                     Captain of the Port Sector New Orleans                Register. Waiting a full 30 days after
                                              hospital;                                               or a designated representative.                       publication in the Federal Register is
                                                                                                      DATES: This rule is effective from 11:30              contrary to the public interest as that
                                                 (3) The IRF’s actual costs for inpatient
                                                                                                      p.m. on December 31, 2017, through 1                  would delay the effectiveness of the
                                              services exceed TRICARE payments or
                                                                                                      a.m. on January 1, 2018.                              safety zone until after the planned
                                              other extraordinary economic
                                                                                                      ADDRESSES: To view documents                          fireworks event. Immediate action is
                                              circumstance exists; and                                                                                      needed to protect vessels and mariners
                                                                                                      mentioned in this preamble as being
                                                 (4) Without the GTMCPA, DoD’s                        available in the docket, go to http://                from the safety hazards associated with
                                              ability to meet military contingency                    www.regulations.gov, type USCG–2017–                  an aerial fireworks display over the
                                              mission requirements will be                            1077 in the ‘‘SEARCH’’ box and click                  waterway. The Coast Guard will notify
                                              significantly compromised.                              ‘‘SEARCH.’’ Click on Open Docket                      the public and maritime community
                                                 (B) Policy and procedural instructions               Folder on the line associated with this               that the safety zone will be in effect and
                                              implementing the GTMCPA will be                         rule.                                                 of the enforcement periods via broadcast
                                              issued as deemed appropriate by the                     FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                            notices to mariners.
                                              Director, DHA (or designee). As with                    you have questions on this rule, call or              III. Legal Authority and Need for Rule
                                              other discretionary authority under this                email Lieutenant Raymond Wagner,                         The Coast Guard is issuing this rule
                                              part, a decision to allow or deny a                     Marine Safety Unit Baton Rouge, U.S.                  under authority in 33 U.S.C. 1231. The
                                              GTMCPA to an IRF is not subject to the                  Coast Guard; telephone 225–298–5400                   Captain of the Port Sector New Orleans
                                              appeal and hearing procedures of                        ext. 230, email Raymond.W.Wagner@                     (COTP) has determined that potential
                                              § 199.10.                                               uscg.mil.                                             hazards associated with the fireworks
                                                 (iv) Exemption. The TRICARE IRF                      SUPPLEMENTARY INFORMATION:                            display on December 31, 2017 will be a
                                              PPS methodology under this paragraph                                                                          safety concern for any vessels or persons
                                                                                                      I. Table of Abbreviations
                                              does not apply to hospitals in States that                                                                    in the vicinity of the launch area
                                              are reimbursed by Medicare and                          AHP Above Head of Passes                              between mile marker (MM) 229.5 and
                                              TRICARE under a waiver that exempts                     CFR Code of Federal Regulations                       MM 230.5 Above Head of Passes (AHP)
                                              them from Medicare’s inpatient                          COTP Captain of the Port Sector New                   on the Lower Mississippi River. This
                                              prospective payment system or the                         Orleans                                             rule is needed to protect personnel,
                                                                                                      DHS Department of Homeland Security                   vessels, and the marine environment in
                                              TRICARE DRG-based payment system,                       FR Federal Register                                   the navigable waters within the safety
                                              to Children’s hospitals, or to VA                       NPRM Notice of proposed rulemaking                    zone during the fireworks display.
                                              hospitals, respectively.                                § Section
                                              *       *    *     *    *                               U.S.C. United States Code                             IV. Discussion of the Rule
                                                Dated: December 22, 2017.                                                                                      The Coast Guard is establishing a
                                                                                                      II. Background Information and
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                                                                                                                                                            temporary safety zone on the Lower
                                              Aaron Siegel,                                           Regulatory History                                    Mississippi River for 1 hour and 30
                                              Alternate OSD Federal Register Liaison                    The Coast Guard is issuing this                     minutes on the night of December 31,
                                              Officer, Department of Defense.                         temporary rule without prior notice and               2017. The safety zone will include all
                                              [FR Doc. 2017–28022 Filed 12–28–17; 8:45 am]            opportunity to comment pursuant to                    navigable waters of the Lower
                                              BILLING CODE 5001–06–P                                  authority under section 4(a) of the                   Mississippi River in Baton Rouge, LA,
                                                                                                      Administrative Procedure Act (APA) (5                 from mile marker (MM) 229.5 to MM


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                                                               Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Rules and Regulations                                        61695

                                              230.5, AHP. Entry into this zone is                     zone may be small entities, for the                   federalism or Indian tribes, please
                                              prohibited unless permission has been                   reasons stated in section V.A above, this             contact the person listed in the FOR
                                              granted by the COTP or a designated                     rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                              representative. Public notifications will               economic impact on any vessel owner                   above.
                                              be made to the local maritime                           or operator.
                                              community prior to the event through                       Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                              broadcast notice to mariners. Mariners                  Business Regulatory Enforcement
                                                                                                                                                              The Unfunded Mandates Reform Act
                                              and other members of the public may                     Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                                                                            of 1995 (2 U.S.C. 1531–1538) requires
                                              also contact the COTP to inquire about                  we want to assist small entities in
                                                                                                                                                            Federal agencies to assess the effects of
                                              the safety zone by telephone at (225)                   understanding this rule. If the rule
                                                                                                                                                            their discretionary regulatory actions. In
                                              298–5400 ext. 230.                                      would affect your small business,
                                                                                                      organization, or governmental                         particular, the Act addresses actions
                                              V. Regulatory Analyses                                  jurisdiction and you have questions                   that may result in the expenditure by a
                                                We developed this rule after                          concerning its provisions or options for              State, local, or tribal government, in the
                                              considering numerous statutes and                       compliance, please contact the person                 aggregate, or by the private sector of
                                              Executive orders related to rulemaking.                 listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                              Below we summarize our analyses                         CONTACT section.                                      more in any one year. Though this rule
                                              based on a number of these statutes and                    Small businesses may send comments                 will not result in such an expenditure,
                                              Executive orders, and we discuss First                  on the actions of Federal employees                   we do discuss the effects of this rule
                                              Amendment rights of protestors.                         who enforce, or otherwise determine                   elsewhere in this preamble.
                                                                                                      compliance with, Federal regulations to               F. Environment
                                              A. Regulatory Planning and Review                       the Small Business and Agriculture
                                                 Executive Orders 12866 and 13563                     Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                              direct agencies to assess the costs and                 and the Regional Small Business                       Department of Homeland Security
                                              benefits of available regulatory                        Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                              alternatives and, if regulation is                      Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                              necessary, to select regulatory                         annually and rates each agency’s                      which guide the Coast Guard in
                                              approaches that maximize net benefits.                  responsiveness to small business. If you              complying with the National
                                              Executive Order 13771 directs agencies                  wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                              to control regulatory costs through a                   employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                              budgeting process. This rule has not                    888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                              been designated a ‘‘significant                         Coast Guard will not retaliate against                category of actions that do not
                                              regulatory action,’’ under Executive                    small entities that question or complain              individually or cumulatively have a
                                              Order 12866. Accordingly, this rule has                 about this rule or any policy or action               significant effect on the human
                                              not been reviewed by the Office of                      of the Coast Guard.                                   environment. This rule involves
                                              Management and Budget (OMB), and                                                                              establishment of a temporary safety
                                              pursuant to OMB guidance it is exempt                   C. Collection of Information
                                                                                                                                                            zone for all waters of the Lower
                                              from the requirements of Executive                        This rule will not call for a new                   Mississippi River from MM 229.5 to
                                              Order 13771.                                            collection of information under the                   MM 230.5 AHP. It is categorically
                                                 This regulatory action determination                 Paperwork Reduction Act of 1995 (44                   excluded from further review under
                                              is based on the size, location, duration,               U.S.C. 3501–3520).                                    paragraph L60(a) of Appendix A, Table
                                              and time-of-year of the safety zone. This
                                                                                                      D. Federalism and Indian Tribal                       1 of DHS Instruction Manual 023–01–
                                              temporary safety zone will only restrict
                                                                                                      Governments                                           001–01, Rev. 01. A Record of
                                              navigation on the Lower Mississippi
                                                                                                         A rule has implications for federalism             Environmental Consideration
                                              River on an area of less than 2 miles and
                                                                                                      under Executive Order 13132,                          supporting this determination is
                                              for 1 hour and 30 minutes on the night
                                                                                                      Federalism, if it has a substantial direct            available in the docket where indicated
                                              of December 31, 2017. Due to the
                                                                                                      effect on the States, on the relationship             under ADDRESSES.
                                              limited scope and short duration of the
                                              safety zone, the impacts on routine                     between the national government and                   G. Protest Activities
                                              navigation are expected to be minimal.                  the States, or on the distribution of
                                                                                                      power and responsibilities among the                    The Coast Guard respects the First
                                              B. Impact on Small Entities                             various levels of government. We have                 Amendment rights of protesters.
                                                 The Regulatory Flexibility Act of                    analyzed this rule under that Order and               Protesters are asked to contact the
                                              1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 person listed in the FOR FURTHER
                                              requires Federal agencies to consider                   with the fundamental federalism                       INFORMATION CONTACT section to
                                              the potential impact of regulations on                  principles and preemption requirements                coordinate protest activities so that your
                                              small entities during rulemaking. The                   described in Executive Order 13132.                   message can be received without
                                              term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               jeopardizing the safety or security of
                                              businesses, not-for-profit organizations                implications under Executive Order                    people, places or vessels.
                                              that are independently owned and                        13175, Consultation and Coordination
                                              operated and are not dominant in their                  with Indian Tribal Governments,                       List of Subjects in 33 CFR Part 165
                                              fields, and governmental jurisdictions                  because it does not have a substantial
                                                                                                                                                              Harbors, Marine safety, Navigation
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                                              with populations of less than 50,000.                   direct effect on one or more Indian
                                                                                                                                                            (water), Reporting and recordkeeping
                                              The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the
                                                                                                                                                            requirements, Security measures,
                                              605(b) that this rule will not have a                   Federal Government and Indian tribes,
                                                                                                                                                            Waterways.
                                              significant economic impact on a                        or on the distribution of power and
                                              substantial number of small entities.                   responsibilities between the Federal                    For the reasons discussed in the
                                                 While some owners or operators of                    Government and Indian tribes. If you                  preamble, the Coast Guard amends 33
                                              vessels intending to transit the safety                 believe this rule has implications for                CFR part 165 as follows:


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                                              61696            Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Rules and Regulations

                                              PART 165—SPECIFIC REGULATED                             SUMMARY: This rule identifies                         management measures after this rule is
                                              NAVIGATION AREAS AND LIMITED                            communities where the sale of flood                   published but prior to the actual
                                              ACCESS AREAS                                            insurance has been authorized under                   suspension date. These communities
                                                                                                      the National Flood Insurance Program                  will not be suspended and will continue
                                              ■ 1. The authority citation for part 165                (NFIP) that are scheduled for                         to be eligible for the sale of NFIP flood
                                              continues to read as follows:                           suspension on the effective dates listed              insurance. A notice withdrawing the
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             within this rule because of                           suspension of such communities will be
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               noncompliance with the floodplain                     published in the Federal Register.
                                              Department of Homeland Security Delegation              management requirements of the                           In addition, FEMA publishes a Flood
                                              No. 0170.1.                                             program. If the Federal Emergency                     Insurance Rate Map (FIRM) that
                                              ■ 2. Add § 165.T08–1077 to read as                      Management Agency (FEMA) receives                     identifies the Special Flood Hazard
                                              follows:                                                documentation that the community has                  Areas (SFHAs) in these communities.
                                                                                                      adopted the required floodplain                       The date of the FIRM, if one has been
                                              § 165.T08–1077 Safety Zone; Fireworks                   management measures prior to the                      published, is indicated in the fourth
                                              Display Lower Mississippi River mile                    effective suspension date given in this               column of the table. No direct Federal
                                              marker (MM) 229.5 to MM 230.5, Baton                                                                          financial assistance (except assistance
                                              Rouge, LA.
                                                                                                      rule, the suspension will not occur and
                                                                                                      a notice of this will be provided by                  pursuant to the Robert T. Stafford
                                                 (a) Location. The following area is a                publication in the Federal Register on a              Disaster Relief and Emergency
                                              safety zone: All navigable waters of the                subsequent date. Also, information                    Assistance Act not in connection with a
                                              Lower Mississippi River from mile                       identifying the current participation                 flood) may be provided for construction
                                              marker 229.5 to mile marker 230.5                       status of a community can be obtained                 or acquisition of buildings in identified
                                              Above Head of Passes, Baton Rouge, LA.                  from FEMA’s Community Status Book                     SFHAs for communities not
                                                 (b) Regulations. (1) Under the general                                                                     participating in the NFIP and identified
                                                                                                      (CSB). The CSB is available at https://
                                              safety zone regulations in subpart C of                                                                       for more than a year on FEMA’s initial
                                                                                                      www.fema.gov/national-flood-
                                              this part, you may not enter the safety                                                                       FIRM for the community as having
                                                                                                      insurance-program-community-status-
                                              zone described in paragraph (a) of this                                                                       flood-prone areas (section 202(a) of the
                                                                                                      book.
                                              section unless authorized by the Captain                                                                      Flood Disaster Protection Act of 1973,
                                              of the Port Sector New Orleans (COTP)                   DATES: The effective date of each
                                                                                                      community’s scheduled suspension is                   42 U.S.C. 4106(a), as amended). This
                                              or the COTP’s designated representative.                                                                      prohibition against certain types of
                                                 (2) To seek permission to enter,                     the third date (‘‘Susp.’’) listed in the
                                                                                                      third column of the following tables.                 Federal assistance becomes effective for
                                              vessels must request permission from
                                                                                                                                                            the communities listed on the date
                                              the COTP or a designated                                FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                            shown in the last column. The
                                              representative. The designated                          you want to determine whether a
                                                                                                                                                            Administrator finds that notice and
                                              representative can be contacted on                      particular community was suspended
                                                                                                                                                            public comment procedures under 5
                                              VHF–FM Channel 16 or 67, or through                     on the suspension date or for further
                                                                                                                                                            U.S.C. 553(b), are impracticable and
                                              the Marine Safety Unit Baton Rouge                      information, contact Adrienne L.
                                                                                                                                                            unnecessary because communities listed
                                              Officer of the Day at 225–281–4789.                     Sheldon, PE, CFM, Federal Insurance
                                                 (3) Persons and vessels permitted to                                                                       in this final rule have been adequately
                                                                                                      and Mitigation Administration, Federal
                                              enter this temporary safety zone must                                                                         notified.
                                                                                                      Emergency Management Agency, 400 C                       Each community receives 6-month,
                                              transit at the slowest speed and comply                 Street SW, Washington, DC 20472, (202)                90-day, and 30-day notification letters
                                              with all lawful directions issued by the                212–3966.                                             addressed to the Chief Executive Officer
                                              COTP or the designated representative.                  SUPPLEMENTARY INFORMATION: The NFIP
                                                 (c) Enforcement period. This section                                                                       stating that the community will be
                                                                                                      enables property owners to purchase                   suspended unless the required
                                              will be enforced from 11:30 p.m. on                     Federal flood insurance that is not
                                              December 31, 2017, through 1 a.m. on                                                                          floodplain management measures are
                                                                                                      otherwise generally available from                    met prior to the effective suspension
                                              January 1, 2018.                                        private insurers. In return, communities              date. Since these notifications were
                                                 Dated: December 22, 2017                             agree to adopt and administer local                   made, this final rule may take effect
                                              K.M. Luttrell,                                          floodplain management measures aimed                  within less than 30 days.
                                              Captain, U.S. Coast Guard, Acting Captain               at protecting lives and new construction                 National Environmental Policy Act.
                                              of the Port Sector New Orleans.                         from future flooding. Section 1315 of                 FEMA has determined that the
                                              [FR Doc. 2017–28145 Filed 12–28–17; 8:45 am]            the National Flood Insurance Act of                   community suspension(s) included in
                                              BILLING CODE 9110–04–P                                  1968, as amended, 42 U.S.C. 4022,                     this rule is a non-discretionary action
                                                                                                      prohibits the sale of NFIP flood                      and therefore the National
                                                                                                      insurance unless an appropriate public                Environmental Policy Act of 1969 (42
                                              DEPARTMENT OF HOMELAND                                  body adopts adequate floodplain                       U.S.C. 4321 et seq.) does not apply.
                                              SECURITY                                                management measures with effective                       Regulatory Flexibility Act. The
                                                                                                      enforcement measures. The                             Administrator has determined that this
                                              Federal Emergency Management                            communities listed in this document no                rule is exempt from the requirements of
                                              Agency                                                  longer meet that statutory requirement                the Regulatory Flexibility Act because
                                                                                                      for compliance with program                           the National Flood Insurance Act of
                                              44 CFR Part 64                                          regulations, 44 CFR part 59.                          1968, as amended, Section 1315, 42
                                              [Docket ID FEMA–2017–0002; Internal                     Accordingly, the communities will be                  U.S.C. 4022, prohibits flood insurance
nshattuck on DSK9F9SC42PROD with RULES




                                              Agency Docket No. FEMA–8511]                            suspended on the effective date in the                coverage unless an appropriate public
                                                                                                      third column. As of that date, flood                  body adopts adequate floodplain
                                              Suspension of Community Eligibility                     insurance will no longer be available in              management measures with effective
                                              AGENCY: Federal Emergency                               the community. We recognize that some                 enforcement measures. The
                                              Management Agency, DHS.                                 of these communities may adopt and                    communities listed no longer comply
                                                                                                      submit the required documentation of                  with the statutory requirements, and
                                              ACTION: Final rule.
                                                                                                      legally enforceable floodplain                        after the effective date, flood insurance


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Document Created: 2018-01-03 13:16:59
Document Modified: 2018-01-03 13:16:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 11:30 p.m. on December 31, 2017, through 1 a.m. on January 1, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Raymond Wagner, Marine Safety Unit Baton Rouge, U.S. Coast Guard; telephone 225-298-5400 ext. 230, email [email protected]
FR Citation82 FR 61694 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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