83_FR_2405 83 FR 2394 - Safety Zone; Lower Mississippi River, New Orleans, LA

83 FR 2394 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 11 (January 17, 2018)

Page Range2394-2396
FR Document2018-00652

The Coast Guard proposes to establish two temporary safety zones for multiple locations and dates within the Captain of the Port Sector New Orleans Zone. These safety zones are necessary to protect persons and vessels from potential safety hazards associated with fireworks displays on or over navigable waterways. Entry into these zones is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 11 (Wednesday, January 17, 2018)
[Federal Register Volume 83, Number 11 (Wednesday, January 17, 2018)]
[Proposed Rules]
[Pages 2394-2396]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00652]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish two temporary safety 
zones for multiple locations and dates within the Captain of the Port 
Sector New Orleans Zone. These safety zones are necessary to protect 
persons and vessels from potential safety hazards associated with 
fireworks displays on or over navigable waterways. Entry into these 
zones is prohibited unless specifically authorized by the Captain of 
the Port Sector New Orleans (COTP) or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 19, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1058 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard 
Vacco, Sector New Orleans, US Coast Guard; telephone 504-365-2281, 
email Howard.K.Vacco@uscg.mil.

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

[[Page 2395]]

U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to establish temporary safety zones for 
the following fireworks displays:
    (1) On November 7, 2017, the New Orleans Tourism & 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 are to be launched from a barge on the Lower Mississippi 
River at approximate mile marker (MM) 95.9, above Head of Passes, New 
Orleans, LA.
    (2) On March 14, 2017, 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 are to be launched from 
a barge on the Lower Mississippi River at approximate MM 95.4, above 
Head of Passes, New Orleans, LA.
    The purpose of this rulemaking is to ensure the safety of vessels 
on the navigable waters within a one-mile range of the fireworks barge 
before, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish two temporary safety zones within 
the Captain of the Port Sector New Orleans (COTP) Zone on two different 
dates and locations. Both safety zones will 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 vessels on 
these navigable waters before, during, and after the scheduled 
fireworks displays. No vessel or person would be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative. The proposed zones are as follows:
    (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 would cover all navigable 
waters of the Lower Mississippi River between MM 95.4 and MM 96.4, 
above Head of Passes.
    (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 would cover 
all navigable waters of the Lower Mississippi River between MM 95 and 
MM 96, above Head of Passes.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and short 
duration of the waterway closure, which would remain in effect for one 
hour on a one-mile section of the waterway. In addition, vessel traffic 
seeking to transit the areas would be able to seek permission from the 
COTP or his designated representative to do so.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

[[Page 2396]]

effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, which guides 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 two safety zones lasting one hour that would 
prohibit entry within a one-mile section of the Lower Mississippi 
River. They 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.T08-1058 to read as follows:


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

    (a) Safety Zones. The following areas are a safety zone:
    (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.
    (ii) Effective Period: This rule is effective 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) Effective Period: This rule is effective 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 of this part, 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 USCG Sector New 
Orleans.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) Persons and vessels permitted to enter 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: January 11, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-00652 Filed 1-16-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                 2394                 Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Proposed Rules

                                                 confidential information that you or a                  contact information to be made publicly                  Dated: January 11, 2018.
                                                 third party may not wish to be posted,                  available, you can provide this                        Leslie Kux,
                                                 such as medical information, your or                    information on the cover sheet and not                 Associate Commissioner for Policy.
                                                 anyone else’s Social Security number, or                in the body of your comments and you                   [FR Doc. 2018–00683 Filed 1–12–18; 8:45 am]
                                                 confidential business information, such                 must identify this information as                      BILLING CODE 4164–01–P
                                                 as a manufacturing process. Please note                 ‘‘confidential.’’ Any information marked
                                                 that if you include your name, contact                  as ‘‘confidential’’ will not be disclosed
                                                 information, or other information that                  except in accordance with 21 CFR 10.20                 DEPARTMENT OF HOMELAND
                                                 identifies you in the body of your                      and other applicable disclosure law. For               SECURITY
                                                 comments, that information will be                      more information about FDA’s posting
                                                 posted on https://www.regulations.gov.                  of comments to public dockets, see 80                  Coast Guard
                                                   • If you want to submit a comment                     FR 56469, September 18, 2015, or access
                                                 with confidential information that you                  the information at: https://www.gpo.gov/               33 CFR Part 165
                                                 do not wish to be made available to the                 fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                 public, submit the comment as a                         23389.pdf.                                             [Docket Number USCG–2017–1058]
                                                 written/paper submission and in the                        Docket: For access to the docket to                 RIN 1625–AA00
                                                 manner detailed (see ‘‘Written/Paper                    read background documents or the
                                                 Submissions’’ and ‘‘Instructions’’).                    electronic and written/paper comments                  Safety Zone; Lower Mississippi River,
                                                 Written/Paper Submissions                               received, go to https://                               New Orleans, LA
                                                    Submit written/paper submissions as                  www.regulations.gov and insert the                     AGENCY:   Coast Guard, DHS.
                                                 follows:                                                docket number, found in brackets in the
                                                                                                                                                                ACTION:   Notice of proposed rulemaking.
                                                    • Mail/Hand delivery/Courier (for                    heading of this document, into the
                                                 written/paper submissions): Dockets                     ‘‘Search’’ box and follow the prompts                  SUMMARY:   The Coast Guard proposes to
                                                 Management Staff (HFA–305), Food and                    and/or go to the Dockets Management                    establish two temporary safety zones for
                                                 Drug Administration, 5630 Fishers                       Staff, 5630 Fishers Lane, Rm. 1061,                    multiple locations and dates within the
                                                 Lane, Rm. 1061, Rockville, MD 20852.                    Rockville, MD 20852.                                   Captain of the Port Sector New Orleans
                                                    • For written/paper comments                         FOR FURTHER INFORMATION CONTACT:                       Zone. These safety zones are necessary
                                                 submitted to the Dockets Management                     Crystal Rivers, Center for Food Safety                 to protect persons and vessels from
                                                 Staff, FDA will post your comment, as                   and Applied Nutrition (HFS–830), Food                  potential safety hazards associated with
                                                 well as any attachments, except for                     and Drug Administration, 5001 Campus                   fireworks displays on or over navigable
                                                 information submitted, marked and                       Dr., College Park, MD 20740, 240–402–                  waterways. Entry into these zones is
                                                 identified, as confidential, if submitted               1444.                                                  prohibited unless specifically
                                                 as detailed in ‘‘Instructions.’’                                                                               authorized by the Captain of the Port
                                                    Instructions: All submissions received               SUPPLEMENTARY INFORMATION:      In the
                                                                                                                                                                Sector New Orleans (COTP) or a
                                                 must include the Docket No. FDA–                        Federal Register of October 31, 2017,
                                                                                                                                                                designated representative. We invite
                                                 2017–N–0763 for ‘‘Food Labeling:                        FDA published a proposed rule to
                                                                                                                                                                your comments on this proposed
                                                 Health Claims; Soy Protein and                          revoke our regulation authorizing the
                                                                                                                                                                rulemaking.
                                                 Coronary Heart Disease.’’ Received                      use of health claims on the relationship
                                                                                                         between soy protein and coronary heart                 DATES:  Comments and related material
                                                 comments, those filed in a timely
                                                                                                         disease on the label or in the labeling of             must be received by the Coast Guard on
                                                 manner (see ADDRESSES), will be placed
                                                                                                         foods. We proposed this action based on                or before March 19, 2018.
                                                 in the docket and, except for those
                                                 submitted as ‘‘Confidential                             our review of the totality of publicly                 ADDRESSES: You may submit comments
                                                 Submissions,’’ publicly viewable at                     available scientific evidence currently                identified by docket number USCG–
                                                 https://www.regulations.gov or at the                   available and our tentative conclusion                 2017–1058 using the Federal
                                                 Dockets Management Staff between 9                      that such evidence does not support our                eRulemaking Portal at http://
                                                 a.m. and 4 p.m., Monday through                         previous determination that there is                   www.regulations.gov. See the ‘‘Public
                                                 Friday.                                                 significant scientific agreement among                 Participation and Request for
                                                    • Confidential Submissions—To                        qualified experts for a health claim                   Comments’’ portion of the
                                                 submit a comment with confidential                      regarding the relationship between soy                 SUPPLEMENTARY INFORMATION section for
                                                 information that you do not wish to be                  protein and reduced risk of coronary                   further instructions on submitting
                                                 made publicly available, submit your                    heart disease. We provided a 75-day                    comments.
                                                 comments only as a written/paper                        comment period for the proposed rule.                  FOR FURTHER INFORMATION CONTACT:   If
                                                 submission. You should submit two                          We have received requests for a 60-                 you have questions about this proposed
                                                 copies total. One copy will include the                 day extension of the comment period for                rulemaking, call or email Lieutenant
                                                 information you claim to be confidential                the proposed rule. Each request                        Commander (LCDR) Howard Vacco,
                                                 with a heading or cover note that states                conveyed concern that the current                      Sector New Orleans, US Coast Guard;
                                                 ‘‘THIS DOCUMENT CONTAINS                                comment period does not allow                          telephone 504–365–2281, email
                                                 CONFIDENTIAL INFORMATION.’’ We                          sufficient time to develop a meaningful                Howard.K.Vacco@uscg.mil.
                                                 will review this copy, including the                    or thoughtful response to the proposed
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                 claimed confidential information, in our                rule.
ethrower on DSK3G9T082PROD with PROPOSALS




                                                 consideration of comments. The second                      FDA has considered the requests and                 I. Table of Abbreviations
                                                 copy, which will have the claimed                       is extending the comment period for the
                                                 confidential information redacted/                      proposed rule until March 19, 2018. We                 CFR Code of Federal Regulations
                                                                                                                                                                COTP Captain of the Port Sector New
                                                 blacked out, will be available for public               believe that this extension allows                       Orleans
                                                 viewing and posted on https://                          adequate time for interested persons to                DHS Department of Homeland Security
                                                 www.regulations.gov. Submit both                        submit comments without significantly                  FR Federal Register
                                                 copies to the Dockets Management Staff.                 delaying rulemaking on these important                 NPRM Notice of proposed rulemaking
                                                 If you do not wish your name and                        issues.                                                § Section



                                            VerDate Sep<11>2014   16:35 Jan 16, 2018   Jkt 244001   PO 00000   Frm 00022   Fmt 4702   Sfmt 4702   E:\FR\FM\17JAP1.SGM   17JAP1


                                                                      Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Proposed Rules                                             2395

                                                 U.S.C.   United States Code                             IV. Regulatory Analyses                                   Under section 213(a) of the Small
                                                                                                           We developed this proposed rule after                Business Regulatory Enforcement
                                                 II. Background, Purpose, and Legal                                                                             Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                         considering numerous statutes and
                                                 Basis                                                                                                          we want to assist small entities in
                                                                                                         Executive orders related to rulemaking.
                                                                                                         Below we summarize our analyses                        understanding this proposed rule. If the
                                                    The Coast Guard proposes to establish                                                                       rule would affect your small business,
                                                 temporary safety zones for the following                based on a number of these statutes and
                                                                                                         Executive orders and we discuss First                  organization, or governmental
                                                 fireworks displays:                                                                                            jurisdiction and you have questions
                                                                                                         Amendment rights of protestors.
                                                    (1) On November 7, 2017, the New                                                                            concerning its provisions or options for
                                                 Orleans Tourism & Marketing                             A. Regulatory Planning and Review                      compliance, please contact the person
                                                 Corporation notified the Coast Guard                       Executive Orders 12866 and 13563                    listed in the FOR FURTHER INFORMATION
                                                 that it would be conducting a fireworks                 direct agencies to assess the costs and                CONTACT section. The Coast Guard will
                                                 display from 7:45 p.m. through 8:45                     benefits of available regulatory                       not retaliate against small entities that
                                                 p.m. on May 25, 2018. The fireworks are                 alternatives and, if regulation is                     question or complain about this
                                                 to be launched from a barge on the                      necessary, to select regulatory                        proposed rule or any policy or action of
                                                 Lower Mississippi River at approximate                  approaches that maximize net benefits.                 the Coast Guard.
                                                 mile marker (MM) 95.9, above Head of                    Executive Order 13771 directs agencies
                                                 Passes, New Orleans, LA.                                                                                       C. Collection of Information
                                                                                                         to control regulatory costs through a
                                                    (2) On March 14, 2017, the NOLA                      budgeting process. This NPRM has not                     This proposed rule would not call for
                                                 2018 Foundation notified the Coast                      been designated a ‘‘significant                        a new collection of information under
                                                 Guard that it would be conducting a                     regulatory action,’’ under Executive                   the Paperwork Reduction Act of 1995
                                                 fireworks display from 8 p.m. through                   Order 12866. Accordingly, the NPRM                     (44 U.S.C. 3501–3520).
                                                 8:20 p.m. on May 6, 2018. The fireworks                 has not been reviewed by the Office of                 D. Federalism and Indian Tribal
                                                 are to be launched from a barge on the                  Management and Budget (OMB), and                       Governments
                                                 Lower Mississippi River at approximate                  pursuant to OMB guidance it is exempt
                                                                                                         from the requirements of Executive                        A rule has implications for federalism
                                                 MM 95.4, above Head of Passes, New                                                                             under Executive Order 13132,
                                                 Orleans, LA.                                            Order 13771.
                                                                                                            This regulatory action determination                Federalism, if it has a substantial direct
                                                    The purpose of this rulemaking is to                 is based on the size and short duration                effect on the States, on the relationship
                                                 ensure the safety of vessels on the                     of the waterway closure, which would                   between the national government and
                                                 navigable waters within a one-mile                      remain in effect for one hour on a one-                the States, or on the distribution of
                                                 range of the fireworks barge before,                    mile section of the waterway. In                       power and responsibilities among the
                                                 during, and after the scheduled event.                  addition, vessel traffic seeking to transit            various levels of government. We have
                                                 The Coast Guard proposes this                           the areas would be able to seek                        analyzed this proposed rule under that
                                                 rulemaking under authority in 33 U.S.C.                 permission from the COTP or his                        Order and have determined that it is
                                                 1231.                                                   designated representative to do so.                    consistent with the fundamental
                                                 III. Discussion of Proposed Rule                                                                               federalism principles and preemption
                                                                                                         B. Impact on Small Entities                            requirements described in Executive
                                                    The COTP proposes to establish two                      The Regulatory Flexibility Act of                   Order 13132.
                                                 temporary safety zones within the                       1980, 5 U.S.C. 601–612, as amended,                       Also, this proposed rule does not have
                                                 Captain of the Port Sector New Orleans                  requires Federal agencies to consider                  tribal implications under Executive
                                                 (COTP) Zone on two different dates and                  the potential impact of regulations on                 Order 13175, Consultation and
                                                 locations. Both safety zones will                       small entities during rulemaking. The                  Coordination with Indian Tribal
                                                 encompass a one-mile stretch of river                   term ‘‘small entities’’ comprises small                Governments, because it would not have
                                                 with a duration lasting no more than                    businesses, not-for-profit organizations               a substantial direct effect on one or
                                                 one hour. The duration of the zones is                  that are independently owned and                       more Indian tribes, on the relationship
                                                 intended to ensure the safety of vessels                operated and are not dominant in their                 between the Federal Government and
                                                 on these navigable waters before,                       fields, and governmental jurisdictions                 Indian tribes, or on the distribution of
                                                 during, and after the scheduled                         with populations of less than 50,000.                  power and responsibilities between the
                                                 fireworks displays. No vessel or person                 The Coast Guard certifies under 5 U.S.C.               Federal Government and Indian tribes.
                                                 would be permitted to enter the safety                  605(b) that this proposed rule would not               If you believe this proposed rule has
                                                 zone without obtaining permission from                  have a significant economic impact on                  implications for federalism or Indian
                                                 the COTP or a designated                                a substantial number of small entities.                tribes, please contact the person listed
                                                 representative. The proposed zones are                     While some owners or operators of                   in the FOR FURTHER INFORMATION
                                                 as follows:                                             vessels intending to transit the safety                CONTACT section.
                                                                                                         zone may be small entities, for the
                                                    (1) Bayou Country Music Fest: a safety               reasons stated in section IV.A above,                  E. Unfunded Mandates Reform Act
                                                 zone from 7:45 p.m. through 8:45 p.m.                   this proposed rule would not have a                      The Unfunded Mandates Reform Act
                                                 on May 25, 2018. The safety zone would                  significant economic impact on any                     of 1995 (2 U.S.C. 1531–1538) requires
                                                 cover all navigable waters of the Lower                 vessel owner or operator.                              Federal agencies to assess the effects of
                                                 Mississippi River between MM 95.4 and                      If you think that your business,                    their discretionary regulatory actions. In
ethrower on DSK3G9T082PROD with PROPOSALS




                                                 MM 96.4, above Head of Passes.                          organization, or governmental                          particular, the Act addresses actions
                                                    (2) NOLA Tricentennial 2018 Jazz and                 jurisdiction qualifies as a small entity               that may result in the expenditure by a
                                                 Heritage Fest: A safety zone from 8 p.m.                and that this rule would have a                        State, local, or tribal government, in the
                                                 through 9 p.m. on May 6, 2018. This                     significant economic impact on it,                     aggregate, or by the private sector of
                                                 safety zone would cover all navigable                   please submit a comment (see                           $100,000,000 (adjusted for inflation) or
                                                 waters of the Lower Mississippi River                   ADDRESSES) explaining why you think it                 more in any one year. Though this
                                                 between MM 95 and MM 96, above                          qualifies and how and to what degree                   proposed rule would not result in such
                                                 Head of Passes.                                         this rule would economically affect it.                an expenditure, we do discuss the


                                            VerDate Sep<11>2014   16:35 Jan 16, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4702   Sfmt 4702   E:\FR\FM\17JAP1.SGM   17JAP1


                                                 2396                 Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Proposed Rules

                                                 effects of this rule elsewhere in this                  without change to http://                              Coast Guard assigned to units under the
                                                 preamble.                                               www.regulations.gov and will include                   operational control of USCG Sector New
                                                                                                         any personal information you have                      Orleans.
                                                 F. Environment
                                                                                                         provided. For more about privacy and                      (2) Vessels requiring entry into this
                                                   We have analyzed this proposed rule                   the docket, visit http://                              safety zone must request permission
                                                 under Department of Homeland                            www.regulations.gov/privacyNotice.                     from the COTP or a designated
                                                 Security Management Directive 023–01,                     Documents mentioned in this NPRM                     representative. They may be contacted
                                                 which guides the Coast Guard in                         as being available in the docket, and all              on VHF–FM Channel 16 or 67.
                                                 complying with the National                             public comments, will be in our online                    (3) Persons and vessels permitted to
                                                 Environmental Policy Act of 1969 (42                    docket at http://www.regulations.gov                   enter these safety zones must transit at
                                                 U.S.C. 4321–4370f), and have made a                     and can be viewed by following that                    their slowest safe speed and comply
                                                 preliminary determination that this                     website’s instructions. Additionally, if               with all lawful directions issued by the
                                                 action is one of a category of actions that             you go to the online docket and sign up                COTP or the designated representative.
                                                 do not individually or cumulatively                     for email alerts, you will be notified                    (c) Information broadcasts. The COTP
                                                 have a significant effect on the human                  when comments are posted or a final                    or a designated representative will
                                                 environment. This proposed rule                         rule is published.                                     inform the public through Broadcast
                                                 involves two safety zones lasting one                                                                          Notices to Mariners of any changes in
                                                 hour that would prohibit entry within a                 List of Subjects in 33 CFR Part 165                    the planned schedule.
                                                 one-mile section of the Lower                             Harbors, Marine safety, Navigation                     Dated: January 11, 2018.
                                                 Mississippi River. They are categorically               (water), Reporting and recordkeeping                   Wayne R. Arguin,
                                                 excluded from further review under                      requirements, Security measures,
                                                                                                                                                                Captain, U.S. Coast Guard, Captain of the
                                                 paragraph L60(a) of Appendix A, Table                   Waterways.                                             Port Sector New Orleans.
                                                 1 of DHS Instruction Manual 023–01–                       For the reasons discussed in the                     [FR Doc. 2018–00652 Filed 1–16–18; 8:45 am]
                                                 001–01, Rev. 01. A preliminary Record                   preamble, the Coast Guard proposes to
                                                                                                                                                                BILLING CODE 9110–04–P
                                                 of Environmental Consideration                          amend 33 CFR part 165 as follows:
                                                 supporting this determination is
                                                 available in the docket where indicated                 PART 165—REGULATED NAVIGATION
                                                 under ADDRESSES. We seek any                            AREAS AND LIMITED ACCESS AREAS                         DEPARTMENT OF VETERANS
                                                 comments or information that may lead                                                                          AFFAIRS
                                                 to the discovery of a significant                       ■ 1. The authority citation for part 165
                                                 environmental impact from this                          continues to read as follows:                          38 CFR Part 17
                                                 proposed rule.                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            RIN 2900–AP02
                                                                                                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                 G. Protest Activities                                   Department of Homeland Security Delegation             Civilian Health and Medical Program of
                                                   The Coast Guard respects the First                    No. 0170.1.                                            the Department of Veterans Affairs
                                                 Amendment rights of protesters.                         ■ 2. Add § 165.T08–1058 to read as                     AGENCY:    Department of Veterans Affairs.
                                                 Protesters are asked to contact the                     follows:
                                                 person listed in the FOR FURTHER                                                                               ACTION:   Proposed rule.
                                                 INFORMATION CONTACT section to                          § 165.T08–1058 Safety Zones; Lower
                                                                                                                                                                SUMMARY:   The Department of Veterans
                                                 coordinate protest activities so that your              Mississippi River, New Orleans, LA
                                                                                                                                                                Affairs (VA) proposes to amend its
                                                 message can be received without                           (a) Safety Zones. The following areas                regulations governing the Civilian
                                                 jeopardizing the safety or security of                  are a safety zone:                                     Health and Medical Program of the
                                                 people, places, or vessels.                               (1) Bayou Country Music Fest, New                    Department of Veterans Affairs
                                                                                                         Orleans, LA.                                           (CHAMPVA). The proposed revisions
                                                 V. Public Participation and Request for                   (i) Location: All navigable waters of
                                                 Comments                                                                                                       would clarify and update these
                                                                                                         the Lower Mississippi River between
                                                                                                                                                                regulations to conform to changes in law
                                                    We view public participation as                      mile marker (MM) 95.4 and MM 96.4,
                                                                                                                                                                and policy that control the
                                                 essential to effective rulemaking, and                  above Head of Passes.
                                                                                                                                                                administration of CHAMPVA and
                                                 will consider all comments and material                    (ii) Effective Period: This rule is
                                                                                                                                                                would include details concerning the
                                                 received during the comment period.                     effective from 7:45 p.m. through 8:45
                                                                                                                                                                administration of CHAMPVA that are
                                                 Your comment can help shape the                         p.m. on May 25, 2018.
                                                                                                            (2) NOLA Tricentennial 2018 Jazz and                not reflected in current regulations. The
                                                 outcome of this rulemaking. If you
                                                                                                         Heritage Fest.                                         proposed revisions would also expand
                                                 submit a comment, please include the
                                                                                                            (i) Location: All navigable waters of               covered services and supplies to include
                                                 docket number for this rulemaking,
                                                                                                         the Lower Mississippi River between                    certain preventive services and
                                                 indicate the specific section of this
                                                                                                         mile marker (MM) 94 and MM 95, above                   eliminate cost-share amounts and
                                                 document to which each comment
                                                                                                         Head of Passes.                                        deductibles for certain covered services.
                                                 applies, and provide a reason for each
                                                 suggestion or recommendation.                              (ii) Effective Period: This rule is                 DATES: Written comments must be
                                                    We encourage you to submit                           effective from 8 p.m. through 9 p.m. on                received on or before March 19, 2018.
                                                 comments through the Federal                            May 6, 2018.                                           ADDRESSES: Written comments may be
                                                 eRulemaking Portal at http://                              (b) Regulations. (1) In accordance                  submitted through http://
ethrower on DSK3G9T082PROD with PROPOSALS




                                                 www.regulations.gov. If your material                   with the general regulations in § 165.23               www.Regulations.gov; by mail or hand-
                                                 cannot be submitted using http://                       of this part, entry into these zones is                delivery to the Director, Regulation and
                                                 www.regulations.gov, contact the person                 prohibited unless specifically                         Policy Management (00REG),
                                                 in the FOR FURTHER INFORMATION                          authorized by the Captain of the Port                  Department of Veterans Affairs, 810
                                                 CONTACT section of this document for                    Sector New Orleans (COTP) or a                         Vermont Avenue NW, Room 1068,
                                                 alternate instructions.                                 designated representative. A designated                Washington, DC 20420; or by fax to
                                                    We accept anonymous comments. All                    representative is a commissioned,                      (202) 273–9026. Comments should
                                                 comments received will be posted                        warrant, or petty officer of the U.S.                  indicate that they are submitted in


                                            VerDate Sep<11>2014   16:35 Jan 16, 2018   Jkt 244001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\17JAP1.SGM   17JAP1



Document Created: 2018-10-26 09:55:26
Document Modified: 2018-10-26 09:55:26
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 March 19, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, US Coast Guard; telephone 504-365-2281, email [email protected]
FR Citation83 FR 2394 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR