83_FR_16889 83 FR 16815 - Safety Zone; Lower Tchefuncte River, Madisonville, LA

83 FR 16815 - Safety Zone; Lower Tchefuncte River, Madisonville, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 74 (April 17, 2018)

Page Range16815-16817
FR Document2018-07909

The Coast Guard proposes to establish a temporary safety zone for certain navigable waters of the Tchefuncte River. This action is necessary to provide for the safety of life on these navigable waters near Madisonville, LA, during a fireworks display on July 4, 2018. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New Orleans or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16815-16817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07909]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0332]
RIN 1625-AA00


Safety Zone; Lower Tchefuncte River, Madisonville, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain navigable waters of the Tchefuncte River. This action is 
necessary to provide for the safety of life on these navigable waters 
near Madisonville, LA, during a fireworks display on July 4, 2018. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Sector New 
Orleans or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 17, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0332 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Howard Vacco, Sector New Orleans, 
U.S. Coast Guard; telephone 504-365-2281, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 4, 2018, Geaux Pyro notified the Coast Guard that it would 
conduct a fireworks display from 7 p.m. through 7:20 p.m. on July 4, 
2018, for a wedding celebration. The fireworks are to be launched from 
a barge on the Tchefuncte River, at approximate position 
30[deg]24'11.63'' N 090[deg]09'17.39'' W, in front of the Madisonville 
Town Hall. Hazards from firework displays include accidental discharge 
of fireworks, dangerous projectiles, and falling hot embers or other 
debris. The Captain of the Port Sector New Orleans (COTP) has 
determined that potential hazards associated with the fireworks to be 
used in this display would be a safety concern for anyone within 100 
yards of the launch barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 100-yard

[[Page 16816]]

radius of the launch barge before, during, and after the fireworks 
display. The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 6:45 p.m. through 
7:45 p.m. on July 4, 2018. The safety zone would cover all navigable 
waters of the Tchefuncte River within 100-yards of a barge at 
approximate position 30[deg]24'11.63'' N 090[deg]09'17.39'' W, in front 
of the Madisonville Town Hall in Madisonville, LA. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled 7 p.m. to 7:20 p.m. 
fireworks display. No vessel or person would be 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.
    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 or by telephone at (504) 365-2200. 
Persons and vessels permitted to enter this safety zone must transit at 
their slowest safe speed and comply with all lawful directions issued 
by the COTP or the designated representative. The regulatory text we 
are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and 
duration of the safety zone. This proposed safety zone would only 
encompass a 100-yard radius of the Tchefuncte River for one hour on one 
evening. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone, and the proposed 
rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rulemaking would 
have a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rulemaking would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security 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 made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves a safety zone lasting one hour 
that would prohibit entry within a 100-yard radius of a barge at 
approximate position of 30[deg]24'11.63'' N 090[deg]09'17.39'' W on the 
Tchefuncte River. Normally

[[Page 16817]]

such actions are 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 preliminary Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-0332 to read as follows:


Sec.  165.T08-0332  Safety Zone; Tchefuncte River, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Tchefuncte River, 100-yards around a barge at approximate 
position 30[deg]24'11.63'' N 090[deg]09'17.39'' W, in front of the 
Madisonville Town Hall in Madisonville, LA.
    (b) Effective period. This section is effective from 6:45 p.m. 
through 7:45 p.m. on July 4, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector New Orleans 
(COTP) or designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector New 
Orleans.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67 or by telephone at (504) 365-2200.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners of any 
changes in the planned schedule.

    Dated: April 11, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-07909 Filed 4-16-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules                                                              16815

                                                    TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued
                                                                                                                                                       Sector Upper
                                                            Date                                      Sponsor/name                                      Mississippi                               Safety zone
                                                                                                                                                       River location

                                               31. 1 day—4th of July week-           Salute to America Foundation, Inc./Sa-                   Jefferson City, MO ............        Missouri River mile marker 143.5 to
                                                 end.                                  lute to America.                                                                                143.0 (Missouri).
                                               32. 2 days—2nd weekend in             Tug Committee/Great River Tug .............              Port Byron, IL ....................    Upper Mississippi River mile marker
                                                 August.                                                                                                                               497.2 to 497.6 (Illinois).
                                               33. 1 day—4th of July week-           City of Stillwater/St. Croix Events/Still-               Stillwater, MN ....................    St. Croix River mile marker 022.9 to
                                                 end.                                  water 4th of July.                                                                              023.5 (Minnesota).
                                               34. 4 days—3rd week of                St. Croix Events/Lumberjack Days .........               Stillwater, MN ....................    St. Croix River mile marker 022.9 to
                                                 July.                                                                                                                                 023.5 (Minnesota).
                                               35. 2 days—Weekend that               Lake of the Ozarks Shootout, Inc./Lake                   Lake of the Ozarks, MO ....            Lake of the Ozarks mile marker 032.5 to
                                                 precedes Labor Day                    of the Ozarks Shootout.                                                                         034.5.
                                                 Weekend.
                                               36. 2 days—1st weekend of             City of Keithsburg/Keithsburg Fireworks                  Keithsburg, IL ....................    Upper Mississippi River mile marker
                                                 September.                            Display.                                                                                        427.5 to 427.3.
                                               37. 1 day—4th of July Week            City of East Moline/City of East Moline                  East Moline, IL ..................     Upper Mississippi River mile marker
                                                                                       Fireworks.                                                                                      489.9 to 490.2.
                                               38. 2nd Weekend in August             Lansing Lion’s Club/Lansing Fish Days                    Lansing, IA ........................   Upper Mississippi River mile marker
                                                                                       Fireworks.                                                                                      662.8–663.9.
                                               39. 3rd Weekend in August             River Action/Floatzilla ..............................   Rock Island, Illinois ...........      Upper Mississippi River mile marker
                                                                                                                                                                                       479.0–486.0.
                                               40. 1 day—Weekend before              Main Street Parkway Association/Park-                    Parkville, MO .....................    Missouri River mile marker 377.5 to
                                                 Thanksgiving.                         ville Christmas on the River.                                                                   378.0.
                                               41. 1 day—4th of July week-           City of Marquette/Marquette Independ-                    Marquette, IA .....................    Upper Mississippi River mile marker
                                                 end.                                  ence Day Celebration.                                                                           634.2 to 635.7.
                                               42. 1 day—1st Weekend in              St. Louis Brewers Guild Festival Fire-                   St. Louis, MO ....................     Upper Mississippi River mile marker
                                                 June.                                 works.                                                                                          179.2–180
                                               43. 1 day—4th Weekend in              Lumiere Place/Memorial Day Fireworks                     St. Louis, MO ....................     Upper Mississippi River mile marker
                                                 May.                                                                                                                                  180–180.5
                                               44. 1 day—1st Weekend in              Lumiere Place/4th of July Fireworks .......              St. Louis, MO ....................     Upper Mississippi River mile marker
                                                 July.                                                                                                                                 180–180.5
                                               45. 1 day—1st Weekend in              Lumiere Place/Labor Day Fireworks .......                St. Louis, MO ....................     Upper Mississippi River mile marker
                                                 September.                                                                                                                            180–180.5
                                               46. 2 days—3rd Weekend in             Kentucky Drag Boat Association/Evans-                    Evansville, IL .....................   Kaskaskia River mile marker 9 to 11.
                                                 July.                                 ville, IL Drag Boat Races.



                                                 Dated: April 11, 2018.                                     rulemaking would prohibit persons and                            COTP Captain of the Port Sector New
                                               Scott A. Stoermer,                                           vessels from being in the safety zone                                Orleans
                                                                                                            unless authorized by the Captain of the                          DHS Department of Homeland Security
                                               Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                                             FR Federal Register
                                               Port Sector Upper Mississippi River.                         Port Sector New Orleans or a designated                          NPRM Notice of proposed rulemaking
                                               [FR Doc. 2018–08013 Filed 4–16–18; 8:45 am]                  representative. We invite your                                   § Section
                                               BILLING CODE 9110–04–P                                       comments on this proposed rulemaking.                            U.S.C. United States Code
                                                                                                            DATES: Comments and related material                             II. Background, Purpose, and Legal
                                                                                                            must be received by the Coast Guard on                           Basis
                                               DEPARTMENT OF HOMELAND                                       or before May 17, 2018.
                                               SECURITY                                                                                                                         On April 4, 2018, Geaux Pyro notified
                                                                                                            ADDRESSES:   You may submit comments                             the Coast Guard that it would conduct
                                               Coast Guard                                                  identified by docket number USCG–                                a fireworks display from 7 p.m. through
                                                                                                            2018–0332 using the Federal                                      7:20 p.m. on July 4, 2018, for a wedding
                                               33 CFR Part 165                                              eRulemaking Portal at http://                                    celebration. The fireworks are to be
                                               [Docket Number USCG–2018–0332]
                                                                                                            www.regulations.gov. See the ‘‘Public                            launched from a barge on the
                                                                                                            Participation and Request for                                    Tchefuncte River, at approximate
                                               RIN 1625–AA00                                                Comments’’ portion of the                                        position 30°24′11.63″ N 090°09′17.39″
                                                                                                            SUPPLEMENTARY INFORMATION section for                            W, in front of the Madisonville Town
                                               Safety Zone; Lower Tchefuncte River,                         further instructions on submitting                               Hall. Hazards from firework displays
                                               Madisonville, LA                                             comments.                                                        include accidental discharge of
                                               AGENCY:   Coast Guard, DHS.                                                                                                   fireworks, dangerous projectiles, and
                                                                                                            FOR FURTHER INFORMATION CONTACT:     If                          falling hot embers or other debris. The
                                               ACTION:   Notice of proposed rulemaking.                     you have questions on this rule, call or                         Captain of the Port Sector New Orleans
                                                                                                            email Lieutenant Commander Howard
amozie on DSK30RV082PROD with PROPOSALS




                                               SUMMARY:   The Coast Guard proposes to                                                                                        (COTP) has determined that potential
                                               establish a temporary safety zone for                        Vacco, Sector New Orleans, U.S. Coast                            hazards associated with the fireworks to
                                               certain navigable waters of the                              Guard; telephone 504–365–2281, email                             be used in this display would be a safety
                                               Tchefuncte River. This action is                             Howard.K.Vacco@uscg.mil.                                         concern for anyone within 100 yards of
                                               necessary to provide for the safety of life                  SUPPLEMENTARY INFORMATION:                                       the launch barge.
                                               on these navigable waters near                                                                                                   The purpose of this rulemaking is to
                                               Madisonville, LA, during a fireworks                         I. Table of Abbreviations                                        ensure the safety of vessels and the
                                               display on July 4, 2018. This proposed                       CFR      Code of Federal Regulations                             navigable waters within a 100-yard


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                                               16816                    Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules

                                               radius of the launch barge before,                      from the requirements of Executive                     D. Federalism and Indian Tribal
                                               during, and after the fireworks display.                Order 13771.                                           Governments
                                               The Coast Guard proposes this                              This regulatory action determination                   A rule has implications for federalism
                                               rulemaking under authority in 33 U.S.C.                 is based on the size and duration of the               under Executive Order 13132,
                                               1231.                                                   safety zone. This proposed safety zone                 Federalism, if it has a substantial direct
                                               III. Discussion of Proposed Rule                        would only encompass a 100-yard                        effect on the States, on the relationship
                                                                                                       radius of the Tchefuncte River for one                 between the national government and
                                                  The COTP proposes to establish a                     hour on one evening. Moreover, the                     the States, or on the distribution of
                                               safety zone from 6:45 p.m. through 7:45                 Coast Guard would issue a Broadcast                    power and responsibilities among the
                                               p.m. on July 4, 2018. The safety zone                   Notice to Mariners via VHF–FM marine                   various levels of government. We have
                                               would cover all navigable waters of the                 channel 16 about the zone, and the                     analyzed this proposed rule under that
                                               Tchefuncte River within 100-yards of a                  proposed rule would allow vessels to                   Order and have determined that it is
                                               barge at approximate position                           seek permission to enter the zone.                     consistent with the fundamental
                                               30°24′11.63″ N 090°09′17.39″ W, in                                                                             federalism principles and preemption
                                                                                                       B. Impact on Small Entities
                                               front of the Madisonville Town Hall in                                                                         requirements described in Executive
                                               Madisonville, LA. The duration of the                      The Regulatory Flexibility Act of                   Order 13132.
                                               zone is intended to ensure the safety of                1980, 5 U.S.C. 601–612, as amended,                       Also, this proposed rule does not have
                                               vessels and these navigable waters                      requires Federal agencies to consider                  tribal implications under Executive
                                               before, during, and after the scheduled                 the potential impact of regulations on                 Order 13175, Consultation and
                                               7 p.m. to 7:20 p.m. fireworks display.                  small entities during rulemaking. The                  Coordination with Indian Tribal
                                               No vessel or person would be permitted                  term ‘‘small entities’’ comprises small                Governments, because it would not have
                                               to enter the safety zone without                        businesses, not-for-profit organizations               a substantial direct effect on one or
                                               obtaining permission from the COTP or                   that are independently owned and                       more Indian tribes, on the relationship
                                               a designated representative. A                          operated and are not dominant in their                 between the Federal Government and
                                               designated representative is a                          fields, and governmental jurisdictions                 Indian tribes, or on the distribution of
                                               commissioned, warrant, or petty officer                 with populations of less than 50,000.                  power and responsibilities between the
                                               of the U.S. Coast Guard assigned to                     The Coast Guard certifies under 5 U.S.C.               Federal Government and Indian tribes.
                                               units under the operational control of                  605(b) that this proposed rule would not               If you believe this proposed rule has
                                               USCG Sector New Orleans.                                have a significant economic impact on                  implications for federalism or Indian
                                                  Vessels requiring entry into this safety             a substantial number of small entities.                tribes, please contact the person listed
                                               zone must request permission from the                      While some owners or operators of                   in the FOR FURTHER INFORMATION
                                               COTP or a designated representative.                    vessels intending to transit the safety                CONTACT section.
                                               They may be contacted on VHF–FM                         zone may be small entities, for the
                                               Channel 16 or 67 or by telephone at                     reasons stated in section IV.A above,                  E. Unfunded Mandates Reform Act
                                               (504) 365–2200. Persons and vessels                     this proposed rule would not have a                       The Unfunded Mandates Reform Act
                                               permitted to enter this safety zone must                significant economic impact on any                     of 1995 (2 U.S.C. 1531–1538) requires
                                               transit at their slowest safe speed and                 vessel owner or operator.                              Federal agencies to assess the effects of
                                               comply with all lawful directions issued                   If you think that your business,                    their discretionary regulatory actions. In
                                               by the COTP or the designated                           organization, or governmental                          particular, the Act addresses actions
                                               representative. The regulatory text we                  jurisdiction qualifies as a small entity               that may result in the expenditure by a
                                               are proposing appears at the end of this                and that this rulemaking would have a                  State, local, or tribal government, in the
                                               document.                                               significant economic impact on it,                     aggregate, or by the private sector of
                                                                                                       please submit a comment (see                           $100,000,000 (adjusted for inflation) or
                                               IV. Regulatory Analyses
                                                                                                       ADDRESSES) explaining why you think it                 more in any one year. Though this
                                                 We developed this proposed rule after                 qualifies and how and to what degree                   proposed rule would not result in such
                                               considering numerous statutes and                       this rule would economically affect it.                an expenditure, we do discuss the
                                               Executive orders related to rulemaking.                    Under section 213(a) of the Small                   effects of this rule elsewhere in this
                                               Below we summarize our analyses                         Business Regulatory Enforcement                        preamble.
                                               based on a number of these statutes and                 Fairness Act of 1996 (Pub. L. 104–121),
                                               Executive orders and we discuss First                   we want to assist small entities in                    F. Environment
                                               Amendment rights of protestors.                         understanding this proposed rule. If the                 We have analyzed this proposed rule
                                                                                                       rulemaking would affect your small                     under Department of Homeland
                                               A. Regulatory Planning and Review
                                                                                                       business, organization, or governmental                Security Directive 023–01 and
                                                  Executive Orders 12866 and 13563                     jurisdiction and you have questions                    Commandant Instruction M16475.1D,
                                               direct agencies to assess the costs and                 concerning its provisions or options for               which guide the Coast Guard in
                                               benefits of available regulatory                        compliance, please contact the person                  complying with the National
                                               alternatives and, if regulation is                      listed in the FOR FURTHER INFORMATION                  Environmental Policy Act of 1969 (42
                                               necessary, to select regulatory                         CONTACT section. The Coast Guard will                  U.S.C. 4321–4370f), and have made a
                                               approaches that maximize net benefits.                  not retaliate against small entities that              preliminary determination that this
                                               Executive Order 13771 directs agencies                  question or complain about this                        action is one of a category of actions that
amozie on DSK30RV082PROD with PROPOSALS




                                               to control regulatory costs through a                   proposed rule or any policy or action of               do not individually or cumulatively
                                               budgeting process. This NPRM has not                    the Coast Guard.                                       have a significant effect on the human
                                               been designated a ‘‘significant                                                                                environment. This proposed rule
                                                                                                       C. Collection of Information
                                               regulatory action,’’ under Executive                                                                           involves a safety zone lasting one hour
                                               Order 12866. Accordingly, the NPRM                        This proposed rule would not call for                that would prohibit entry within a 100-
                                               has not been reviewed by the Office of                  a new collection of information under                  yard radius of a barge at approximate
                                               Management and Budget (OMB), and                        the Paperwork Reduction Act of 1995                    position of 30°24′11.63″ N 090°09′17.39″
                                               pursuant to OMB guidance it is exempt                   (44 U.S.C. 3501–3520).                                 W on the Tchefuncte River. Normally


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                                                                        Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules                                           16817

                                               such actions are categorically excluded                 List of Subjects in 33 CFR Part 165                    DEPARTMENT OF HOMELAND
                                               from further review under paragraph                       Harbors, Marine safety, Navigation                   SECURITY
                                               L60(a) of Appendix A, Table 1 of DHS                    (water), Reporting and recordkeeping
                                               Instruction Manual 023–01–001–01,                                                                              Coast Guard
                                                                                                       requirements, Security measures,
                                               Rev. 01. A preliminary Record of                        Waterways.
                                               Environmental Consideration                                                                                    33 CFR Part 165
                                                                                                         For the reasons discussed in the
                                               supporting this determination is                                                                               [Docket Number USCG–2018–0331]
                                                                                                       preamble, the Coast Guard proposes to
                                               available in the docket where indicated
                                                                                                       amend 33 CFR part 165 as follows:                      RIN 1625–AA00
                                               under ADDRESSES. We seek any
                                               comments or information that may lead                   PART 165—REGULATED NAVIGATION                          Safety Zone; Lower Mississippi River,
                                               to the discovery of a significant                       AREAS AND LIMITED ACCESS AREAS                         New Orleans, LA
                                               environmental impact from this
                                               proposed rule.                                          ■ 1. The authority citation for part 165               AGENCY:   Coast Guard, DHS.
                                                                                                       continues to read as follows:                          ACTION:   Notice of proposed rulemaking.
                                               G. Protest Activities
                                                                                                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                 The Coast Guard respects the First                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              SUMMARY:   The Coast Guard proposes to
                                               Amendment rights of protesters.                         Department of Homeland Security Delegation             establish a temporary safety zone for
                                               Protesters are asked to contact the                     No. 0170.1.                                            certain navigable waters of the
                                               person listed in the FOR FURTHER                                                                               Mississippi River from mile marker
                                                                                                       ■ 2. Add § 165.T08–0332 to read as
                                               INFORMATION CONTACT section to                                                                                 (MM) 94 to MM 95 above Head of
                                                                                                       follows:
                                               coordinate protest activities so that your                                                                     Passes. This action is necessary to
                                               message can be received without                         § 165.T08–0332 Safety Zone; Tchefuncte                 provide for the safety of life on these
                                               jeopardizing the safety or security of                  River, New Orleans, LA.                                navigable waters near Algiers Point,
                                               people, places, or vessels.                               (a) Location. The following area is a                New Orleans, LA, during a fireworks
                                                                                                       safety zone: All navigable waters of the               display on June 30, 2018. This proposed
                                               V. Public Participation and Request for                 Tchefuncte River, 100-yards around a                   rulemaking would prohibit persons and
                                               Comments                                                barge at approximate position                          vessels from being in the safety zone
                                                                                                       30°24′11.63″ N 090°09′17.39″ W, in                     unless authorized by the Captain of the
                                                  We view public participation as                                                                             Port Sector New Orleans or a designated
                                               essential to effective rulemaking, and                  front of the Madisonville Town Hall in
                                                                                                       Madisonville, LA.                                      representative. We invite your
                                               will consider all comments and material                                                                        comments on this proposed rulemaking.
                                               received during the comment period.                        (b) Effective period. This section is
                                                                                                       effective from 6:45 p.m. through 7:45                  DATES: Comments and related material
                                               Your comment can help shape the
                                                                                                       p.m. on July 4, 2018.                                  must be received by the Coast Guard on
                                               outcome of this rulemaking. If you
                                                                                                          (c) Regulations. (1) In accordance with             or before May 17, 2018.
                                               submit a comment, please include the
                                               docket number for this rulemaking,                      the general regulations in § 165.23 of                 ADDRESSES: You may submit comments
                                                                                                       this part, entry into this zone is                     identified by docket number USCG–
                                               indicate the specific section of this
                                                                                                       prohibited unless specifically                         2018–0331 using the Federal
                                               document to which each comment
                                                                                                       authorized by the Captain of the Port                  eRulemaking Portal at http://
                                               applies, and provide a reason for each
                                                                                                       Sector New Orleans (COTP) or                           www.regulations.gov. See the ‘‘Public
                                               suggestion or recommendation.
                                                                                                       designated representative. A designated                Participation and Request for
                                                  We encourage you to submit                           representative is a commissioned,                      Comments’’ portion of the
                                               comments through the Federal                            warrant, or petty officer of the U.S.                  SUPPLEMENTARY INFORMATION section for
                                               eRulemaking Portal at http://                           Coast Guard assigned to units under the                further instructions on submitting
                                               www.regulations.gov. If your material                   operational control of USCG Sector New                 comments.
                                               cannot be submitted using http://                       Orleans.
                                               www.regulations.gov, contact the person                                                                        FOR FURTHER INFORMATION CONTACT:   If
                                                                                                          (2) Vessels requiring entry into this
                                               in the FOR FURTHER INFORMATION                                                                                 you have questions about this proposed
                                                                                                       safety zone must request permission
                                               CONTACT section of this document for
                                                                                                                                                              rulemaking, call or email Lieutenant
                                                                                                       from the COTP or a designated
                                               alternate instructions.                                                                                        Commander Howard Vacco, Sector New
                                                                                                       representative. They may be contacted
                                                                                                                                                              Orleans, U.S. Coast Guard; telephone
                                                  We accept anonymous comments. All                    on VHF–FM Channel 16 or 67 or by
                                                                                                                                                              504–365–2281, email Howard.K.Vacco@
                                               comments received will be posted                        telephone at (504) 365–2200.
                                                                                                                                                              uscg.mil.
                                               without change to http://                                  (3) Persons and vessels permitted to
                                                                                                       enter this safety zone must transit at                 SUPPLEMENTARY INFORMATION:
                                               www.regulations.gov and will include
                                               any personal information you have                       their slowest safe speed and comply                    I. Table of Abbreviations
                                               provided. For more about privacy and                    with all lawful directions issued by the
                                                                                                                                                              CFR Code of Federal Regulations
                                               the docket, visit http://                               COTP or the designated representative.                 COTP Captain of the Port Sector New
                                               www.regulations.gov/privacyNotice.                         (d) Information broadcasts. The COTP                  Orleans
                                                                                                       or a designated representative will                    DHS Department of Homeland Security
                                                  Documents mentioned in this NPRM
                                                                                                       inform the public through Broadcast                    FR Federal Register
                                               as being available in the docket, and all
                                                                                                       Notices to Mariners of any changes in                  MM Mile marker
amozie on DSK30RV082PROD with PROPOSALS




                                               public comments, will be in our online                                                                         NPRM Notice of proposed rulemaking
                                                                                                       the planned schedule.
                                               docket at http://www.regulations.gov                                                                           § Section
                                               and can be viewed by following that                       Dated: April 11, 2018.                               U.S.C. United States Code
                                               website’s instructions. Additionally, if                Wayne R. Arguin,
                                               you go to the online docket and sign up                 Captain, U.S. Coast Guard, Captain of the              II. Background, Purpose, and Legal
                                               for email alerts, you will be notified                  Port Sector New Orleans.                               Basis
                                               when comments are posted or a final                     [FR Doc. 2018–07909 Filed 4–16–18; 8:45 am]              On April 4, 2018, AFX Pro, LLC,
                                               rule is published.                                      BILLING CODE 9110–04–P                                 notified the Coast Guard that it would


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Document Created: 2018-04-17 02:52:28
Document Modified: 2018-04-17 02:52:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 17, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Commander Howard Vacco, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]
FR Citation83 FR 16815 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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