83_FR_16024 83 FR 15952 - Safety Zone; Mississippi River, New Orleans, LA

83 FR 15952 - Safety Zone; Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 72 (April 13, 2018)

Page Range15952-15954
FR Document2018-07716

The Coast Guard is establishing two temporary safety zones for navigable waters of the Mississippi River, New Orleans, LA. These actions are necessary to protect persons and vessels from potential safety hazards associated with fireworks displays on or over this navigable waterway. Entry into these zones is prohibited unless authorized by the Captain of the Port Sector New Orleans (COTP) or a designated representative.

Federal Register, Volume 83 Issue 72 (Friday, April 13, 2018)
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15952-15954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07716]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1058]
RIN 1625-AA00


Safety Zone; Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing two temporary safety zones for 
navigable waters of the Mississippi River, New Orleans, LA. These 
actions are necessary to protect persons and vessels from potential 
safety hazards associated with fireworks displays on or over this 
navigable waterway. Entry into these zones is prohibited unless 
authorized by the Captain of the Port Sector New Orleans (COTP) or a 
designated representative.

DATES: This rule is effective from 8:00 p.m. on May 6, 2018 through 
8:45 p.m. on May 25, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1058 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 Commander (LCDR) Howard Vacco, Sector New 
Orleans, U.S. Coast Guard; telephone 504-365-2281, 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 received notification of the following fireworks 
displays that require safety zones:
    (1) On November 7, 2017, the New Orleans Tourism and Marketing 
Corporation notified the Coast Guard that it would be conducting a 
fireworks display from 7:45 p.m. through 8:45 p.m. on May 25, 2018. The 
fireworks will be launched from a barge on the Lower Mississippi River 
at approximate mile marker (MM) 95.9 above Head of Passes (AHP), New 
Orleans, LA.
    (2) On March 14, 2018, the NOLA 2018 Foundation notified the Coast 
Guard that it would be conducting a fireworks display from 8 p.m. 
through 8:20 p.m. on May 6, 2018. The fireworks will be launched from a 
barge on the Lower Mississippi River at approximate MM 95.4 AHP, New 
Orleans, LA.
    In response to these notifications, on January 17, 2018, the Coast 
Guard published a notice of proposed rulemaking (NPRM) titled Safety 
Zone; Lower Mississippi River, New Orleans, LA (83 FR 2394). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this fireworks display. During the comment 
period that ended March 19, 2018, we received no comments.

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 to be used in the 
May 6, 2018 and May 25, 2018 displays present a hazard to anyone within 
a one-mile stretch of the launch barges. The purpose of this rule is to 
ensure safety of persons and vessels on the navigable waters in the 
safety zone before, during, and after the scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
January 17, 2018.
    The changes in the regulatory text from the proposed rule in the 
NPRM include minor editorial changes where we refer to the time of 
enforcement as the enforcement period, rather than the effective 
period.
    This rule establishes two temporary safety zones on the following 
dates and locations:
    1. Bayou Country Music Fest: A safety zone from 7:45 p.m. through 
8:45 p.m. on May 25, 2018. The safety zone will cover all navigable 
waters of the Lower Mississippi River between mile marker (MM) 95.4 and 
MM 96.4 AHP.
    2. NOLA Tricentennial 2018 Jazz and Heritage Fest: A safety zone 
from 8 p.m. through 9 p.m. on May 6, 2018. This safety zone will 
encompass all navigable waters of the Lower Mississippi River between 
MMs 95 and 96 AHP.
    Both safety zones encompass a one mile stretch of river with a 
duration lasting no more than one hour. The duration of the zones is 
intended to ensure the safety of persons and vessels on these navigable 
waters before, during, and after the scheduled fireworks displays.
    No vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a 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. They may be contacted on VHF-FM Channel 16 
or 67. Persons and vessels permitted to enter these safety zones must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative. The 
COTP or a designated representative will inform the public through 
Broadcast Notices to Mariners of any changes in the planned schedule.

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.

[[Page 15953]]

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 these zones 
lasting one hour and encompassing a one-mile stretch of the Lower 
Mississippi River. In addition, vessel traffic seeking to transit the 
areas can seek permission to enter from the COTP or his designated 
representative.

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
two safety zones lasting less than one hour each that will prohibit 
entry within a one-mile stretch of the Lower Mississippi River. 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:

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.T08-1058 to read as follows:


Sec.  165.T08-1058  Safety Zones; Lower Mississippi River, New Orleans, 
LA.

    (a) Safety zones. The following areas are safety zones:
    (1) Bayou Country Music Fest, New Orleans, LA--(i) Location. All 
navigable waters of the Lower Mississippi River between mile marker 
(MM) 95.4 and MM 96.4, above Head of Passes.

[[Page 15954]]

    (ii) Enforcement period. This rule will be enforced from 7:45 p.m. 
through 8:45 p.m. on May 25, 2018.
    (2) NOLA Tricentennial 2018 Jazz and Heritage Fest--(i) Location. 
All navigable waters of the Lower Mississippi River between mile marker 
(MM) 94 and MM 95, above Head of Passes.
    (ii) Enforcement period. This rule will be enforced from 8 p.m. 
through 9 p.m. on May 6, 2018.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into these zones is prohibited unless specifically 
authorized by the Captain of the Port Sector New Orleans (COTP) or a 
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 U.S. Coast Guard 
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 these safety zones must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (c) 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: April 9, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-07716 Filed 4-12-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             15952                Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations

                                             navigable channel is complete,                          ‘‘SEARCH.’’ Click on Open Docket                      vessels on the navigable waters in the
                                             whichever occurs first.                                 Folder on the line associated with this               safety zone before, during, and after the
                                               (c) Regulations. (1) In accordance with               rule.                                                 scheduled events.
                                             the general regulations in § 165.23, entry              FOR FURTHER INFORMATION CONTACT: If
                                             into this zone is prohibited unless                                                                           IV. Discussion of Comments, Changes,
                                                                                                     you have questions on this rule, call or              and the Rule
                                             authorized by the Captain of the Port                   email Lieutenant Commander (LCDR)
                                             Sector Ohio Valley (COTP) or a                          Howard Vacco, Sector New Orleans,                        As noted above, we received no
                                             designated representative.                              U.S. Coast Guard; telephone 504–365–                  comments on our NPRM published
                                               (2) Persons or vessels desiring to enter              2281, email Howard.K.Vacco@uscg.mil.                  January 17, 2018.
                                             into or pass through the zone must
                                                                                                     SUPPLEMENTARY INFORMATION:                               The changes in the regulatory text
                                             request permission from the COTP or a
                                             designated representative. They may be                  I. Table of Abbreviations                             from the proposed rule in the NPRM
                                             contacted via VHF–FM marine channel                                                                           include minor editorial changes where
                                                                                                     AHP Above Head of Passes                              we refer to the time of enforcement as
                                             16 or by telephone at 270–217–0959.                     CFR Code of Federal Regulations
                                               (3) If permission is granted, all                                                                           the enforcement period, rather than the
                                                                                                     COTP Captain of the Port Sector New
                                             persons and vessels shall comply with                                                                         effective period.
                                                                                                       Orleans
                                             the instructions of the COTP or                         DHS Department of Homeland Security                      This rule establishes two temporary
                                             designated representative.                              FR Federal Register                                   safety zones on the following dates and
                                               (d) Informational broadcasts. The                     NPRM Notice of proposed rulemaking                    locations:
                                             COTP or a designated representative                     § Section
                                                                                                     U.S.C. United States Code                                1. Bayou Country Music Fest: A safety
                                             will inform the public through                                                                                zone from 7:45 p.m. through 8:45 p.m.
                                             Broadcast Notices to Mariners (BNMs)                    II. Background Information and                        on May 25, 2018. The safety zone will
                                             of the enforcement period for this safety               Regulatory History                                    cover all navigable waters of the Lower
                                             zone as well as any changes in the dates                                                                      Mississippi River between mile marker
                                             and times of enforcement.                                  The Coast Guard received notification
                                                                                                     of the following fireworks displays that              (MM) 95.4 and MM 96.4 AHP.
                                               Dated: April 9, 2018.                                 require safety zones:                                    2. NOLA Tricentennial 2018 Jazz and
                                             M.B. Zamperini                                             (1) On November 7, 2017, the New                   Heritage Fest: A safety zone from 8 p.m.
                                             Captain, U.S. Coast Guard, Captain of the               Orleans Tourism and Marketing                         through 9 p.m. on May 6, 2018. This
                                             Port Sector Ohio Valley.                                Corporation notified the Coast Guard                  safety zone will encompass all navigable
                                             [FR Doc. 2018–07717 Filed 4–12–18; 8:45 am]             that it would be conducting a fireworks               waters of the Lower Mississippi River
                                             BILLING CODE 9110–04–P                                  display from 7:45 p.m. through 8:45                   between MMs 95 and 96 AHP.
                                                                                                     p.m. on May 25, 2018. The fireworks                      Both safety zones encompass a one
                                                                                                     will be launched from a barge on the                  mile stretch of river with a duration
                                             DEPARTMENT OF HOMELAND                                  Lower Mississippi River at approximate
                                             SECURITY                                                                                                      lasting no more than one hour. The
                                                                                                     mile marker (MM) 95.9 above Head of                   duration of the zones is intended to
                                                                                                     Passes (AHP), New Orleans, LA.                        ensure the safety of persons and vessels
                                             Coast Guard                                                (2) On March 14, 2018, the NOLA                    on these navigable waters before,
                                                                                                     2018 Foundation notified the Coast                    during, and after the scheduled
                                             33 CFR Part 165                                         Guard that it would be conducting a                   fireworks displays.
                                             [Docket Number USCG–2017–1058]                          fireworks display from 8 p.m. through
                                                                                                     8:20 p.m. on May 6, 2018. The fireworks                  No vessel or person is permitted to
                                             RIN 1625–AA00                                                                                                 enter the safety zone without obtaining
                                                                                                     will be launched from a barge on the
                                                                                                     Lower Mississippi River at approximate                permission from the COTP or a
                                             Safety Zone; Mississippi River, New                                                                           designated representative. A designated
                                             Orleans, LA                                             MM 95.4 AHP, New Orleans, LA.
                                                                                                        In response to these notifications, on             representative is a commissioned,
                                             AGENCY:    Coast Guard, DHS.                            January 17, 2018, the Coast Guard                     warrant, or petty officer of the U.S.
                                             ACTION:   Temporary final rule.                         published a notice of proposed                        Coast Guard assigned to units under the
                                                                                                     rulemaking (NPRM) titled Safety Zone;                 operational control of USCG Sector New
                                             SUMMARY:   The Coast Guard is                           Lower Mississippi River, New Orleans,                 Orleans. They may be contacted on
                                             establishing two temporary safety zones                 LA (83 FR 2394). There we stated why                  VHF–FM Channel 16 or 67. Persons and
                                             for navigable waters of the Mississippi                 we issued the NPRM, and invited                       vessels permitted to enter these safety
                                             River, New Orleans, LA. These actions                   comments on our proposed regulatory                   zones must transit at their slowest safe
                                             are necessary to protect persons and                    action related to this fireworks display.             speed and comply with all lawful
                                             vessels from potential safety hazards                   During the comment period that ended                  directions issued by the COTP or the
                                             associated with fireworks displays on or                March 19, 2018, we received no                        designated representative. The COTP or
                                             over this navigable waterway. Entry into                comments.                                             a designated representative will inform
                                             these zones is prohibited unless                                                                              the public through Broadcast Notices to
                                             authorized by the Captain of the Port                   III. Legal Authority and Need for Rule                Mariners of any changes in the planned
                                             Sector New Orleans (COTP) or a                             The Coast Guard is issuing this rule               schedule.
                                             designated representative.                              under authority in 33 U.S.C. 1231. The                V. Regulatory Analyses
                                             DATES: This rule is effective from 8:00                 Captain of the Port Sector New Orleans
                                             p.m. on May 6, 2018 through 8:45 p.m.                   (COTP) has determined that potential                    We developed this rule after
daltland on DSKBBV9HB2PROD with RULES




                                             on May 25, 2018.                                        hazards associated with the fireworks to              considering numerous statutes and
                                             ADDRESSES: To view documents                            be used in the May 6, 2018 and May 25,                Executive orders related to rulemaking.
                                             mentioned in this preamble as being                     2018 displays present a hazard to                     Below we summarize our analyses
                                             available in the docket, go to http://                  anyone within a one-mile stretch of the               based on a number of these statutes and
                                             www.regulations.gov, type USCG–2017–                    launch barges. The purpose of this rule               Executive orders, and we discuss First
                                             1058 in the ‘‘SEARCH’’ box and click                    is to ensure safety of persons and                    Amendment rights of protestors.


                                        VerDate Sep<11>2014   16:22 Apr 12, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\13APR1.SGM   13APR1


                                                                  Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations                                         15953

                                             A. Regulatory Planning and Review                       compliance with, Federal regulations to               F. Environment
                                                Executive Orders 12866 and 13563                     the Small Business and Agriculture
                                                                                                     Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                             direct agencies to assess the costs and                                                                       Department of Homeland Security
                                             benefits of available regulatory                        and the Regional Small Business
                                                                                                     Regulatory Fairness Boards. The                       Directive 023–01 and Commandant
                                             alternatives and, if regulation is                                                                            Instruction M16475.1D, which guide the
                                             necessary, to select regulatory                         Ombudsman evaluates these actions
                                                                                                     annually and rates each agency’s                      Coast Guard in complying with the
                                             approaches that maximize net benefits.                                                                        National Environmental Policy Act of
                                             Executive Order 13771 directs agencies                  responsiveness to small business. If you
                                                                                                     wish to comment on actions by                         1969 (42 U.S.C. 4321–4370f), and have
                                             to control regulatory costs through a                                                                         determined that this action is one of a
                                             budgeting process. This rule has not                    employees of the Coast Guard, call 1–
                                                                                                     888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                             been designated a ‘‘significant                                                                               individually or cumulatively have a
                                             regulatory action,’’ under Executive                    Coast Guard will not retaliate against
                                                                                                     small entities that question or complain              significant effect on the human
                                             Order 12866. Accordingly, this rule has                                                                       environment. This rule involves two
                                             not been reviewed by the Office of                      about this rule or any policy or action
                                                                                                     of the Coast Guard.                                   safety zones lasting less than one hour
                                             Management and Budget (OMB), and                                                                              each that will prohibit entry within a
                                             pursuant to OMB guidance it is exempt                   C. Collection of Information                          one-mile stretch of the Lower
                                             from the requirements of Executive                                                                            Mississippi River. It is categorically
                                             Order 13771.                                              This rule will not call for a new                   excluded from further review under
                                                This regulatory action determination                 collection of information under the                   paragraph L60(a) of Appendix A, Table
                                             is based on these zones lasting one hour                Paperwork Reduction Act of 1995 (44                   1 of DHS Instruction Manual 023–01–
                                             and encompassing a one-mile stretch of                  U.S.C. 3501–3520).                                    001–01, Rev. 01. A Record of
                                             the Lower Mississippi River. In                                                                               Environmental Consideration
                                                                                                     D. Federalism and Indian Tribal
                                             addition, vessel traffic seeking to transit                                                                   supporting this determination is
                                                                                                     Governments
                                             the areas can seek permission to enter                                                                        available in the docket where indicated
                                             from the COTP or his designated                            A rule has implications for federalism             under ADDRESSES.
                                             representative.                                         under Executive Order 13132,
                                                                                                                                                           G. Protest Activities
                                             B. Impact on Small Entities                             Federalism, if it has a substantial direct
                                                                                                     effect on the States, on the relationship               The Coast Guard respects the First
                                                The Regulatory Flexibility Act of                    between the national government and                   Amendment rights of protesters.
                                             1980, 5 U.S.C. 601–612, as amended,                     the States, or on the distribution of                 Protesters are asked to contact the
                                             requires Federal agencies to consider                   power and responsibilities among the                  person listed in the FOR FURTHER
                                             the potential impact of regulations on                  various levels of government. We have                 INFORMATION CONTACT section to
                                             small entities during rulemaking. The                   analyzed this rule under that Order and               coordinate protest activities so that your
                                             term ‘‘small entities’’ comprises small                 have determined that it is consistent                 message can be received without
                                             businesses, not-for-profit organizations                with the fundamental federalism                       jeopardizing the safety or security of
                                             that are independently owned and                        principles and preemption requirements                people, places or vessels.
                                             operated and are not dominant in their                  described in Executive Order 13132.
                                             fields, and governmental jurisdictions                                                                        List of Subjects in 33 CFR Part 165
                                             with populations of less than 50,000.                      Also, this rule does not have tribal
                                                                                                     implications under Executive Order                      Harbors, Marine safety, Navigation
                                             The Coast Guard received no comments
                                                                                                     13175, Consultation and Coordination                  (water), Reporting and recordkeeping
                                             from the Small Business Administration
                                                                                                     with Indian Tribal Governments,                       requirements, Security measures,
                                             on this rulemaking. The Coast Guard
                                                                                                     because it does not have a substantial                Waterways.
                                             certifies under 5 U.S.C. 605(b) that this
                                             rule will not have a significant                        direct effect on one or more Indian                     For the reasons discussed in the
                                             economic impact on a substantial                        tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                             number of small entities.                               Federal Government and Indian tribes,                 CFR part 165 as follows:
                                                While some owners or operators of                    or on the distribution of power and
                                                                                                     responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                             vessels intending to transit the safety
                                                                                                     Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                             zone may be small entities, for the
                                             reasons stated in section V.A above, this               believe this rule has implications for
                                                                                                     federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                             rule will not have a significant
                                                                                                     contact the person listed in the FOR                  continues to read as follows:
                                             economic impact on any vessel owner
                                             or operator.                                            FURTHER INFORMATION CONTACT section.                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                Under section 213(a) of the Small                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                     E. Unfunded Mandates Reform Act                       Department of Homeland Security Delegation
                                             Business Regulatory Enforcement
                                                                                                                                                           No. 0170.1.
                                             Fairness Act of 1996 (Pub. L. 104–121),                   The Unfunded Mandates Reform Act
                                             we want to assist small entities in                     of 1995 (2 U.S.C. 1531–1538) requires                 ■ 2. Add § 165.T08–1058 to read as
                                             understanding this rule. If the rule                    Federal agencies to assess the effects of             follows:
                                             would affect your small business,                       their discretionary regulatory actions. In
                                                                                                                                                           § 165.T08–1058 Safety Zones; Lower
                                             organization, or governmental                           particular, the Act addresses actions                 Mississippi River, New Orleans, LA.
                                             jurisdiction and you have questions                     that may result in the expenditure by a
                                             concerning its provisions or options for                State, local, or tribal government, in the              (a) Safety zones. The following areas
daltland on DSKBBV9HB2PROD with RULES




                                             compliance, please contact the person                   aggregate, or by the private sector of                are safety zones:
                                             listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or                (1) Bayou Country Music Fest, New
                                             CONTACT section.                                        more in any one year. Though this rule                Orleans, LA—(i) Location. All navigable
                                                Small businesses may send comments                   will not result in such an expenditure,               waters of the Lower Mississippi River
                                             on the actions of Federal employees                     we do discuss the effects of this rule                between mile marker (MM) 95.4 and
                                             who enforce, or otherwise determine                     elsewhere in this preamble.                           MM 96.4, above Head of Passes.


                                        VerDate Sep<11>2014   16:22 Apr 12, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\13APR1.SGM   13APR1


                                             15954                Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations

                                               (ii) Enforcement period. This rule will               patent laws, and streamlining the                     upon which federally owned
                                             be enforced from 7:45 p.m. through 8:45                 licensing application process for some                inventions, other than inventions
                                             p.m. on May 25, 2018.                                   Federal laboratory collaborators, makes               owned by the Tennessee Valley
                                               (2) NOLA Tricentennial 2018 Jazz and                  technical corrections, clarifies the role             Authority, may be licensed on a
                                             Heritage Fest—(i) Location. All                         of provisional patent application filing,             nonexclusive, partially exclusive, or
                                             navigable waters of the Lower                           explains a unique situation that may be               exclusive basis, are codified at 37 CFR
                                             Mississippi River between mile marker                   appropriate for a Determination of                    part 404, ‘‘Licensing of Government
                                             (MM) 94 and MM 95, above Head of                        Exceptional Circumstances, clarifies the              Owned Inventions.’’
                                             Passes.                                                 role of funding agencies in the Bayh-                    Bayh-Dole and its implementing
                                               (ii) Enforcement period. This rule will               Dole process, and addresses subject                   regulations require Federal funding
                                             be enforced from 8 p.m. through 9 p.m.                  inventions as to which a Federal                      agencies to employ certain ‘‘standard
                                             on May 6, 2018.                                         laboratory employee is a co-inventor.                 clauses’’ in funding agreements awarded
                                               (b) Regulations. (1) In accordance                    DATES: This rule is effective May 14,                 to contractors, except under certain
                                             with the general regulations in § 165.23,               2018.                                                 specified conditions, 37 CFR 401.3.
                                             entry into these zones is prohibited                                                                          Through these standard clauses, set
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             unless specifically authorized by the                                                                         forth at 37 CFR 401.14(a), contractors
                                                                                                     Courtney Silverthorn, via email:
                                             Captain of the Port Sector New Orleans                                                                        are obligated to take certain actions to
                                                                                                     courtney.silverthorn@nist.gov or by
                                             (COTP) or a designated representative.                                                                        properly manage subject inventions.
                                                                                                     telephone at 301–975–4189.
                                             A designated representative is a                                                                              These actions include, but are not
                                                                                                     SUPPLEMENTARY INFORMATION: These rule                 limited to, disclosing each subject
                                             commissioned, warrant, or petty officer
                                             of the U.S. Coast Guard assigned to                     revisions are promulgated under the                   invention to the Federal agency within
                                             units under the operational control of                  University and Small Business Patent                  two months after the contractor’s
                                             U.S. Coast Guard Sector New Orleans.                    Procedures Act of 1980, Public Law 96–                inventor discloses it in writing to
                                                (2) Vessels requiring entry into this                517 (as amended), codified at title 35 of             contractor personnel responsible for
                                             safety zone must request permission                     the United States Code (U.S.C.) 200 et                patent matters, paragraph (c)(1) of the
                                             from the COTP or a designated                           seq., commonly known as the ‘‘Bayh-                   clause; electing in writing whether or
                                             representative. They may be contacted                   Dole Act’’ or simply ‘‘Bayh-Dole,’’                   not to retain title to any subject
                                             on VHF–FM Channel 16 or 67.                             which governs rights in inventions                    invention by notifying the Federal
                                                (3) Persons and vessels permitted to                 made with Federal assistance. The                     agency within two years of disclosure to
                                             enter these safety zones must transit at                Bayh-Dole Act obligates nonprofit                     the Federal agency, paragraph (c)(2) of
                                             their slowest safe speed and comply                     organizations and small business firms                the clause; filing an initial patent
                                             with all lawful directions issued by the                (‘‘contractors’’), and large businesses, as           application on a subject invention as to
                                             COTP or the designated representative.                  directed by Executive Order 12591 and                 which the contractor elects to retain title
                                                (c) Information broadcasts. The COTP                 to the extent permitted by law, to                    within one year after election, paragraph
                                             or a designated representative will                     disclose each ‘‘subject invention’’ (that             (c)(3) of the clause; executing and
                                             inform the public through Broadcast                     is, each invention conceived or first                 promptly delivering to the Federal
                                             Notices to Mariners of any changes in                   actually reduced to practice in the                   agency all instruments necessary to
                                             the planned schedule.                                   performance of work under a funding                   establish or confirm the rights the
                                                                                                     agreement, 35 U.S.C. 201(e)) within a                 Government has throughout the world
                                               Dated: April 9, 2018.                                 reasonable time after the invention                   in those subject inventions to which the
                                             Wayne R. Arguin,                                        becomes known to the contractor, 35                   contractor elects to retain title,
                                             Captain, U.S. Coast Guard, Captain of the               U.S.C. 202(c)(1), and permits contractors             paragraph (f)(1) of the clause; requiring,
                                             Port Sector New Orleans.                                to elect, within a reasonable time after              by written agreement, the contractor’s
                                             [FR Doc. 2018–07716 Filed 4–12–18; 8:45 am]             disclosure, to retain title to a subject              employees to disclose promptly in
                                             BILLING CODE 9110–04–P                                  invention, 35 U.S.C. 202(a). Under                    writing each subject invention made
                                                                                                     certain defined ‘‘exceptional’’                       under contract, paragraph (f)(2) of the
                                                                                                     circumstances, Bayh-Dole permits the                  clause; notifying the Federal agency of
                                             DEPARTMENT OF COMMERCE                                  Government to restrict or eliminate the               any decision not to continue the
                                                                                                     contractor’s right to elect to retain title,          prosecution of a patent application,
                                             National Institutes of Standards and                    35 U.S.C. 202(a), 202(b).                             paragraph (f)(3) of the clause; and
                                             Technology                                                 The Secretary of Commerce has                      including in the specification of any
                                                                                                     delegated to the Director of NIST the                 U.S. patent applications and any patent
                                             37 CFR Parts 401 and 404                                authority to promulgate implementing                  issuing thereon covering a subject
                                             [Docket No.: 160311229–8347–02]                         regulations. Regulations implementing                 invention, a statement that the
                                                                                                     35 U.S.C. 202 through 204 are codified                invention was made with Government
                                             RIN 0693–AB63                                           at 37 CFR part 401, ‘‘Rights to                       support under the grant or contract
                                                                                                     Inventions Made by Nonprofit                          awarded by the Federal agency, and that
                                             Rights to Federally Funded Inventions                   Organizations and Small Business Firms                the Government has certain rights in the
                                             and Licensing of Government Owned                       under Government Grants, Contracts,                   invention, paragraph (f)(4) of the clause.
                                             Inventions                                              and Co-operative Agreements,’’ and                       In addition, a contractor is obligated
                                             AGENCY:  National Institute of Standards                apply to all Federal agencies, 37 CFR                 to include the requirements of the
                                             and Technology (NIST), United States                    401.1(b). These regulations govern all                standard clauses in any subcontracts
                                                                                                     ‘‘subject inventions,’’ as defined in 37
daltland on DSKBBV9HB2PROD with RULES




                                             Department of Commerce.                                                                                       under the contractor’s award, paragraph
                                             ACTION: Final rule.                                     CFR 401.2(d), even if the Federal                     (g) of the clause; to submit periodic
                                                                                                     government is not the sole source of                  reports as requested on the utilization of
                                             SUMMARY:   This final rule reduces                      funding for either the conception or the              a subject invention or on efforts at
                                             regulatory burdens by clarifying                        reduction to practice, 37 CFR 401.1(a).               obtaining such utilization that are being
                                             electronic reporting, updating certain                  Regulations implementing 35 U.S.C.                    made by the contractor or its licensees
                                             sections to conform with changes in the                 208, specifying the terms and conditions              or assignees, paragraph (h) of the clause;


                                        VerDate Sep<11>2014   16:22 Apr 12, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\13APR1.SGM   13APR1



Document Created: 2018-04-13 00:18:17
Document Modified: 2018-04-13 00:18:17
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 8:00 p.m. on May 6, 2018 through 8:45 p.m. on May 25, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]
FR Citation83 FR 15952 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR