83_FR_28272 83 FR 28155 - Safety Zone; Lake Pontchartrain, Mandeville, LA

83 FR 28155 - Safety Zone; Lake Pontchartrain, Mandeville, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range28155-28157
FR Document2018-13044

The Coast Guard is establishing a temporary safety zone for navigable waters within a 100-yard radius of a fireworks barge near the lakefront in Mandeville, LA. The safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Sector New Orleans.

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Rules and Regulations]
[Pages 28155-28157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13044]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0529]
RIN 1625-0529


Safety Zone; Lake Pontchartrain, Mandeville, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 100-yard radius of a fireworks barge near the 
lakefront in Mandeville, LA. The safety zone is necessary to protect 
persons, vessels, and the marine environment from potential hazards 
created by a fireworks display. Entry of vessels or persons into this 
zone is prohibited unless authorized by the Captain of the Port Sector 
New Orleans.

DATES: This rule is effective from 8:45 p.m. through 9:45 p.m. on June 
30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0529 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander 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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are

[[Page 28156]]

``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because it is impracticable. It is impracticable 
because we must establish this safety zone by June 30, 2018, and we 
lack sufficient time to provide a reasonable comment period and then 
consider those comments before issuing this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule is contrary to the public interest because immediate action 
is necessary to respond to the potential safety hazards associated with 
this fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector New Orleans (COTP) has determined 
that potential hazards associated with a fireworks display on June 30, 
2018, will be a safety concern for anyone within a 100-yard radius of a 
fireworks barge on Lake Pontchartrain. This rule is necessary to 
protect persons, vessels, and the marine environment in the navigable 
waterway before, during, and after the scheduled fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:45 p.m. 
through 9:45 p.m. on June 30, 2018. The safety zone will cover all 
navigable waters within 100 yards of a fireworks barge on Lake 
Pontchartrain near Mandeville, LA. The barge will be at the approximate 
position 30[deg]21'12.03'' N 90[deg]04'28.95'' W. The duration of the 
zone is intended to protect persons, vessels, and the marine 
environment in these navigable waters while the fireworks display is 
being set up and launched.
    No vessel or person will be permitted to enter the temporary 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 COTP or a designated representative will inform the 
public of the enforcement times and date for this safety zone through 
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), 
and/or Marine Safety Information Broadcasts (MSIBs) as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and 
duration of the temporary safety zone. This temporary safety zone is 
for only one hour on a small area of Lake Ponchartrain on one evening. 
Vessels may navigate around the safety zone. Moreover, the Coast Guard 
will issue a Broadcast Notice to Mariners (BNM)s via VHF-FM marine 
channel 16 about the zone, and the rule allows 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

[[Page 28157]]

federalism or Indian tribes, please contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
establishing a safety zone that will only last one hour and cover a 
small portion of a lake. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T08-0529 to read as follows:


Sec.  165.T08-0529   Safety Zone; Lake Pontchartrain, Mandeville, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of Lake Pontchartrain in a 100-yard radius around the 
approximate position 30[deg]21'12.03'' N, 90[deg]04'28.95'' W, near 
Mandeville, LA.
    (b) Effective period. This section is effective from 8:45 p.m. 
through 9:45 p.m. on June 30, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless 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 of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs) 
as appropriate.

    Dated: June 12, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-13044 Filed 6-15-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations                                          28155

                                           July 4th (observed); and or July 4th,                   Port Sector Corpus Christi (COTP) or a                 DEPARTMENT OF HOMELAND
                                           from 5:30 p.m. to 1 a.m. This action is                 designated representative.                             SECURITY
                                           being taken to provide for the safety of
                                           life on navigable waterways during the                  DATES: The regulations in 33 CFR                       Coast Guard
                                           fireworks display. Our regulation for                   165.801, Table 4, Line 3 will be
                                           recurring Fireworks Displays in the                     enforced from 8:15 p.m. through 9:15                   33 CFR Part 165
                                           Fifth Coast Guard District, § 165.506,                  p.m. on July 4, 2018.
                                                                                                                                                          [Docket Number USCG–2018–0529]
                                           specifies the location of the regulated                 FOR FURTHER INFORMATION CONTACT:     If
                                           area for this safety zone for the Kent                                                                         RIN 1625–0529
                                                                                                   you have questions about this notice of
                                           Island Narrows, MD, fireworks display,                  enforcement, call or email Petty Officer
                                           which encompasses portions of the                                                                              Safety Zone; Lake Pontchartrain,
                                                                                                   Kevin Kyles, Sector Corpus Christi                     Mandeville, LA
                                           Chester River in Queen Anne’s County,                   Waterways Management Division, U.S.
                                           MD. As specified in § 165.506(d), during                Coast Guard; telephone 361–939–5125,                   AGENCY:    Coast Guard, DHS.
                                           the enforcement period, vessels may not                 email Kevin.L.Kyles@uscg.mil.                          ACTION:   Temporary final rule.
                                           enter, remain in, or transit through the
                                           safety zone unless authorized by the                    SUPPLEMENTARY INFORMATION:       The Coast             SUMMARY:   The Coast Guard is
                                           Captain of the Port Sector Maryland-                    Guard will enforce the safety zone in 33               establishing a temporary safety zone for
                                           National Capital Region (COTP) or                       CFR 165.801, Table 4, Line 3, for the                  navigable waters within a 100-yard
                                           designated Coast Guard patrol personnel                 City of Port Aransas’ Fourth of July                   radius of a fireworks barge near the
                                           on scene. The Coast Guard may be                        Fireworks Display from 8:15 p.m.                       lakefront in Mandeville, LA. The safety
                                           assisted by other federal, state, or local              through 9:15 p.m. on July 4, 2018. This                zone is necessary to protect persons,
                                           agencies in the enforcement of the safety               action is being taken to provide for the               vessels, and the marine environment
                                           zone.                                                   safety of life on this navigable waterway              from potential hazards created by a
                                              This notice of enforcement is issued                 during the event. Our regulation for                   fireworks display. Entry of vessels or
                                           under authority of 33 CFR 165.506(d)                    marine events within the Eighth Coast                  persons into this zone is prohibited
                                           and 5 U.S.C. 552 (a). In addition to this               Guard District, § 165.801, specifies the               unless authorized by the Captain of the
                                           notice of enforcement in the Federal                    location of the regulated area for the                 Port Sector New Orleans.
                                           Register, the Coast Guard plans to                      City of Port Aransas’ Fourth of July                   DATES: This rule is effective from 8:45
                                           provide notification of these                                                                                  p.m. through 9:45 p.m. on June 30,
                                                                                                   Fireworks, which encompasses portions
                                           enforcement periods via the Local                                                                              2018.
                                                                                                   of Corpus Christi Ship Channel and
                                           Notice to Mariners and marine
                                           information broadcasts.                                 Roberts Point Park. As reflected in                    ADDRESSES:   To view documents
                                                                                                   §§ 165.23 and 165.801(a), if you are the               mentioned in this preamble as being
                                             Dated: June 13, 2018.                                 operator of a vessel in the regulated area             available in the docket, go to http://
                                           Joseph B. Loring,                                       you must comply with directions from                   www.regulations.gov, type USCG–2018–
                                           Captain, U.S. Coast Guard, Captain of the               the Captain of the Port Sector Corpus                  0529 in the ‘‘SEARCH’’ box and click
                                           Port Maryland-National Capital Region.                  Christi (COTP) or any designated                       ‘‘SEARCH.’’ Click on Open Docket
                                           [FR Doc. 2018–12970 Filed 6–15–18; 8:45 am]             representative. Persons or vessels                     Folder on the line associated with this
                                           BILLING CODE 9110–04–P                                  desiring to enter the zones must request               rule.
                                                                                                   permission from the COTP or a                          FOR FURTHER INFORMATION CONTACT: If
                                                                                                   designated representative. They can be                 you have questions on this rule, call or
                                           DEPARTMENT OF HOMELAND
                                                                                                   reached on VHF FM channel 16 or by                     email Lieutenant Commander Howard
                                           SECURITY
                                                                                                   telephone at (361) 939–0450. If                        Vacco, Sector New Orleans, U.S. Coast
                                           Coast Guard                                             permission is granted, all persons and                 Guard; telephone 504–365–2281, email
                                                                                                   vessels shall comply with the                          Howard.K.Vacco@uscg.mil.
                                           33 CFR Part 165                                         instructions of the COTP or designated                 SUPPLEMENTARY INFORMATION:
                                                                                                   representative. Designated                             I. Table of Abbreviations
                                           [Docket No. USCG–2018–0461]                             representatives include commissioned,
                                                                                                   warrant, and petty officers of the U.S.                CFR Code of Federal Regulations
                                           Safety Zone; City of Port Aransas                                                                              COTP Captain of the Port Sector New
                                           Fourth of July Fireworks, Port                          Coast Guard.
                                                                                                                                                              Orleans
                                           Aransas, TX                                                In addition to this notice of                       DHS Department of Homeland Security
                                                                                                   enforcement in the Federal Register, the               FR Federal Register
                                           AGENCY:  Coast Guard, DHS.                              COTP or a designated representative                    NPRM Notice of proposed rulemaking
                                           ACTION: Notice of enforcement of                        will inform the public through                         § Section
                                           regulation.                                                                                                    U.S.C. United States Code
                                                                                                   Broadcast Notice to Mariners (BNMs),
                                           SUMMARY:   The Coast Guard will enforce                 Local Notices to Mariners (LNMs),                      II. Background Information and
                                           the safety zone for the City of Port                    Marine Safety Information Bulletins                    Regulatory History
                                           Aransas’ Fourth of July Fireworks                       (MSIBs), and/or through other means of                   The Coast Guard is issuing this
                                           Display on July 4, 2018, to provide for                 public notice as appropriate at least 24               temporary rule without prior notice and
                                           the safety of life on these navigable                   hours in advance of each enforcement.                  opportunity to comment pursuant to
                                           waterways during this event. Our                                                                               authority under section 4(a) of the
amozie on DSK3GDR082PROD with RULES




                                                                                                     Dated: June 7, 2018.
                                           regulation for marine events within the                 E.J. Gaynor,                                           Administrative Procedure Act (APA) (5
                                           Eighth Coast Guard District identifies                                                                         U.S.C. 553(b)). This provision
                                                                                                   Captain, U.S. Coast Guard, Captain of the
                                           the regulated area for this event in Port               Port Sector Corpus Christi.
                                                                                                                                                          authorizes an agency to issue a rule
                                           Aransas, TX. During the enforcement                                                                            without prior notice and opportunity to
                                                                                                   [FR Doc. 2018–12962 Filed 6–15–18; 8:45 am]
                                           period, entry into this zone is prohibited                                                                     comment when the agency for good
                                           unless authorized by the Captain of the                 BILLING CODE 9110–04–P                                 cause finds that those procedures are


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                                           28156               Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations

                                           ‘‘impracticable, unnecessary, or contrary               with all lawful directions issued by the               temporary safety zone may be small
                                           to the public interest.’’ Under 5 U.S.C.                COTP or the designated representative.                 entities, for the reasons stated in section
                                           553(b)(3)(B), the Coast Guard finds that                The COTP or a designated                               V.A above, this rule will not have a
                                           good cause exists for not publishing a                  representative will inform the public of               significant economic impact on any
                                           notice of proposed rulemaking (NPRM)                    the enforcement times and date for this                vessel owner or operator.
                                           with respect to this rule because it is                 safety zone through Broadcast Notices to                  Under section 213(a) of the Small
                                           impracticable. It is impracticable                      Mariners (BNMs), Local Notices to                      Business Regulatory Enforcement
                                           because we must establish this safety                   Mariners (LNMs), and/or Marine Safety                  Fairness Act of 1996 (Pub. L. 104–121),
                                           zone by June 30, 2018, and we lack                      Information Broadcasts (MSIBs) as                      we want to assist small entities in
                                           sufficient time to provide a reasonable                 appropriate.                                           understanding this rule. If the rule
                                           comment period and then consider                                                                               would affect your small business,
                                                                                                   V. Regulatory Analyses                                 organization, or governmental
                                           those comments before issuing this rule.
                                              Under 5 U.S.C. 553(d)(3), the Coast                    We developed this rule after                         jurisdiction and you have questions
                                           Guard finds that good cause exists for                  considering numerous statutes and                      concerning its provisions or options for
                                           making this rule effective less than 30                 Executive orders related to rulemaking.                compliance, please contact the person
                                           days after publication in the Federal                   Below we summarize our analyses                        listed in the FOR FURTHER INFORMATION
                                           Register. Delaying the effective date of                based on a number of these statutes and                CONTACT section.
                                           this rule is contrary to the public                     Executive orders, and we discuss First                    Small businesses may send comments
                                           interest because immediate action is                    Amendment rights of protestors.                        on the actions of Federal employees
                                           necessary to respond to the potential                                                                          who enforce, or otherwise determine
                                                                                                   A. Regulatory Planning and Review                      compliance with, Federal regulations to
                                           safety hazards associated with this
                                           fireworks display.                                         Executive Orders 12866 and 13563                    the Small Business and Agriculture
                                                                                                   direct agencies to assess the costs and                Regulatory Enforcement Ombudsman
                                           III. Legal Authority and Need for Rule                  benefits of available regulatory                       and the Regional Small Business
                                              The Coast Guard is issuing this rule                 alternatives and, if regulation is                     Regulatory Fairness Boards. The
                                           under authority in 33 U.S.C. 1231. The                  necessary, to select regulatory                        Ombudsman evaluates these actions
                                           Captain of the Port Sector New Orleans                  approaches that maximize net benefits.                 annually and rates each agency’s
                                           (COTP) has determined that potential                    Executive Order 13771 directs agencies                 responsiveness to small business. If you
                                           hazards associated with a fireworks                     to control regulatory costs through a                  wish to comment on actions by
                                           display on June 30, 2018, will be a                     budgeting process. This rule has not                   employees of the Coast Guard, call 1–
                                           safety concern for anyone within a 100-                 been designated a ‘‘significant                        888–REG–FAIR (1–888–734–3247). The
                                           yard radius of a fireworks barge on Lake                regulatory action,’’ under Executive                   Coast Guard will not retaliate against
                                           Pontchartrain. This rule is necessary to                Order 12866. Accordingly, this rule has                small entities that question or complain
                                           protect persons, vessels, and the marine                not been reviewed by the Office of                     about this rule or any policy or action
                                           environment in the navigable waterway                   Management and Budget (OMB), and                       of the Coast Guard.
                                           before, during, and after the scheduled                 pursuant to OMB guidance it is exempt
                                           fireworks display.                                      from the requirements of Executive                     C. Collection of Information
                                                                                                   Order 13771.                                             This rule will not call for a new
                                           IV. Discussion of the Rule
                                                                                                      This regulatory action determination                collection of information under the
                                             This rule establishes a temporary                     is based on the size and duration of the               Paperwork Reduction Act of 1995 (44
                                           safety zone from 8:45 p.m. through 9:45                 temporary safety zone. This temporary                  U.S.C. 3501–3520).
                                           p.m. on June 30, 2018. The safety zone                  safety zone is for only one hour on a
                                           will cover all navigable waters within                                                                         D. Federalism and Indian Tribal
                                                                                                   small area of Lake Ponchartrain on one
                                           100 yards of a fireworks barge on Lake                                                                         Governments
                                                                                                   evening. Vessels may navigate around
                                           Pontchartrain near Mandeville, LA. The                  the safety zone. Moreover, the Coast                      A rule has implications for federalism
                                           barge will be at the approximate                        Guard will issue a Broadcast Notice to                 under Executive Order 13132,
                                           position 30°21′12.03″ N 90°04′28.95″ W.                 Mariners (BNM)s via VHF–FM marine                      Federalism, if it has a substantial direct
                                           The duration of the zone is intended to                 channel 16 about the zone, and the rule                effect on the States, on the relationship
                                           protect persons, vessels, and the marine                allows vessels to seek permission to                   between the national government and
                                           environment in these navigable waters                   enter the zone.                                        the States, or on the distribution of
                                           while the fireworks display is being set                                                                       power and responsibilities among the
                                           up and launched.                                        B. Impact on Small Entities                            various levels of government. We have
                                             No vessel or person will be permitted                    The Regulatory Flexibility Act of                   analyzed this rule under that Order and
                                           to enter the temporary safety zone                      1980, 5 U.S.C. 601–612, as amended,                    have determined that it is consistent
                                           without obtaining permission from the                   requires Federal agencies to consider                  with the fundamental federalism
                                           COTP or a designated representative. A                  the potential impact of regulations on                 principles and preemption requirements
                                           designated representative is a                          small entities during rulemaking. The                  described in Executive Order 13132.
                                           commissioned, warrant, or petty officer                 term ‘‘small entities’’ comprises small                   Also, this rule does not have tribal
                                           of the U.S. Coast Guard assigned to                     businesses, not-for-profit organizations               implications under Executive Order
                                           units under the operational control of                  that are independently owned and                       13175, Consultation and Coordination
                                           USCG Sector New Orleans. Vessels                        operated and are not dominant in their                 with Indian Tribal Governments,
                                           requiring entry into this safety zone                   fields, and governmental jurisdictions                 because it does not have a substantial
                                           must request permission from the COTP                   with populations of less than 50,000.                  direct effect on one or more Indian
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                                           or a designated representative. They                    The Coast Guard certifies under 5 U.S.C.               tribes, on the relationship between the
                                           may be contacted on VHF–FM Channel                      605(b) that this rule will not have a                  Federal Government and Indian tribes,
                                           16 or 67 or by telephone at (504) 365–                  significant economic impact on a                       or on the distribution of power and
                                           2200. Persons and vessels permitted to                  substantial number of small entities.                  responsibilities between the Federal
                                           enter this safety zone must transit at                     While some owners or operators of                   Government and Indian tribes. If you
                                           their slowest safe speed and comply                     vessels intending to transit the                       believe this rule has implications for


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                                                               Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations                                          28157

                                           federalism or Indian tribes, please                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            ENVIRONMENTAL PROTECTION
                                           contact the person listed in the FOR                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              AGENCY
                                           FURTHER INFORMATION CONTACT section                     Department of Homeland Security Delegation
                                           above.                                                  No. 0170.1.                                            40 CFR Part 52
                                           E. Unfunded Mandates Reform Act                         ■ 2. Add § 165.T08–0529 to read as                     [EPA–R01–OAR–2017–0117; FRL–9979–
                                                                                                                                                          07—Region 1]
                                             The Unfunded Mandates Reform Act                      follows:
                                           of 1995 (2 U.S.C. 1531–1538) requires                   § 165.T08–0529 Safety Zone; Lake                       Air Plan Approval; Maine;
                                           Federal agencies to assess the effects of               Pontchartrain, Mandeville, LA.                         Infrastructure State Implementation
                                           their discretionary regulatory actions. In                                                                     Plan Requirements
                                           particular, the Act addresses actions                     (a) Location. The following area is a
                                           that may result in the expenditure by a                 safety zone: All navigable waters of Lake              AGENCY:  Environmental Protection
                                           State, local, or tribal government, in the              Pontchartrain in a 100-yard radius                     Agency (EPA).
                                           aggregate, or by the private sector of                  around the approximate position                        ACTION: Final rule.
                                           $100,000,000 (adjusted for inflation) or                30°21′12.03″ N, 90°04′28.95″ W, near                   SUMMARY:    The Environmental Protection
                                           more in any one year. Though this rule                  Mandeville, LA.                                        Agency (EPA) is approving most
                                           will not result in such an expenditure,                    (b) Effective period. This section is               elements of State Implementation Plan
                                           we do discuss the effects of this rule                  effective from 8:45 p.m. through 9:45                  (SIP) submissions from Maine regarding
                                           elsewhere in this preamble.                                                                                    the infrastructure requirements of the
                                                                                                   p.m. on June 30, 2018.
                                           F. Environment                                                                                                 Clean Air Act (CAA or Act) for the 2008
                                                                                                      (c) Regulations. (1) In accordance with
                                                                                                                                                          lead (Pb), 2008 ozone, and 2010
                                              We have analyzed this rule under                     the general regulations in § 165.23, entry             nitrogen dioxide (NO2) National
                                           Department of Homeland Security                         into this zone is prohibited unless                    Ambient Air Quality Standards
                                           Directive 023–01 and Commandant                         authorized by the Captain of the Port                  (NAAQS). In addition, EPA is approving
                                           Instruction M16475.1D, which guide the                  Sector New Orleans (COTP) or                           two statutes submitted by Maine in
                                           Coast Guard in complying with the                       designated representative. A designated                support of its demonstration that the
                                           National Environmental Policy Act of                    representative is a commissioned,                      infrastructure requirements of the CAA
                                           1969 (42 U.S.C. 4321–4370f), and have                   warrant, or petty officer of the U.S.                  have been met. Lastly, EPA is
                                           determined that this action is one of a                 Coast Guard assigned to units under the                conditionally approving a sub-element
                                           category of actions that do not                         operational control of USCG Sector New                 of Maine’s submittal relating to state
                                           individually or cumulatively have a                     Orleans.                                               boards and conflicts of interest. The
                                           significant effect on the human                                                                                infrastructure requirements are designed
                                           environment. This rule involves                            (2) Vessels requiring entry into this
                                                                                                   safety zone must request permission                    to ensure that the structural components
                                           establishing a safety zone that will only                                                                      of each state’s air quality management
                                           last one hour and cover a small portion                 from the COTP or a designated
                                                                                                                                                          program are adequate to meet the state’s
                                           of a lake. It is categorically excluded                 representative. They may be contacted
                                                                                                                                                          responsibilities under the CAA.
                                           from further review under paragraph                     on VHF–FM Channel 16 or 67 or by
                                                                                                                                                          DATES: This rule is effective on July 18,
                                           L60(a) of Appendix A, Table 1 of DHS                    telephone at (504) 365–2200.
                                                                                                                                                          2018.
                                           Instruction Manual 023–01–001–01,                          (3) Persons and vessels permitted to                ADDRESSES: EPA has established a
                                           Rev. 01. A Record of Environmental                      enter this safety zone must transit at                 docket for this action under Docket
                                           Consideration supporting this                           their slowest safe speed and comply                    Identification No. EPA–R01–OAR–
                                           determination is available in the docket                with all lawful directions issued by the               2017–0117. All documents in the docket
                                           where indicated under ADDRESSES.                        COTP or the designated representative.                 are listed on the https://
                                           G. Protest Activities                                      (d) Information broadcasts. The COTP                www.regulations.gov website. Although
                                             The Coast Guard respects the First                    or a designated representative will                    listed in the index, some information is
                                           Amendment rights of protesters.                         inform the public of the enforcement                   not publicly available, i.e., CBI or other
                                           Protesters are asked to contact the                     times and date for this safety zone                    information whose disclosure is
                                           person listed in the FOR FURTHER                        through Broadcast Notices to Mariners                  restricted by statute. Certain other
                                                                                                                                                          material, such as copyrighted material,
                                           INFORMATION CONTACT section to                          (BNMs), Local Notices to Mariners
                                                                                                                                                          is not placed on the internet and will be
                                           coordinate protest activities so that your              (LNMs), and/or Marine Safety
                                                                                                                                                          publicly available only in hard copy
                                           message can be received without                         Information Broadcasts (MSIBs) as                      form. Publicly available docket
                                           jeopardizing the safety or security of                  appropriate.                                           materials are available at https://
                                           people, places or vessels.
                                                                                                     Dated: June 12, 2018.                                www.regulations.gov or at the U.S.
                                           List of Subjects in 33 CFR Part 165                     Wayne R. Arguin,                                       Environmental Protection Agency, EPA
                                             Harbors, Marine safety, Navigation                    Captain, U.S. Coast Guard, Captain of the              New England Regional Office, Office of
                                           (water), Reporting and recordkeeping                    Port Sector New Orleans.                               Ecosystem Protection, Air Quality
                                           requirements, Security measures,                        [FR Doc. 2018–13044 Filed 6–15–18; 8:45 am]
                                                                                                                                                          Planning Unit, 5 Post Office Square—
                                           Waterways.                                                                                                     Suite 100, Boston, MA. EPA requests
                                                                                                   BILLING CODE 9110–04–P
                                                                                                                                                          that if at all possible, you contact the
                                             For the reasons discussed in the                                                                             contact listed in the FOR FURTHER
                                           preamble, the Coast Guard amends 33
                                                                                                                                                          INFORMATION CONTACT section to
amozie on DSK3GDR082PROD with RULES




                                           CFR part 165 as follows:
                                                                                                                                                          schedule your inspection. The Regional
                                           PART 165—REGULATED NAVIGATION                                                                                  Office’s official hours of business are
                                           AREAS AND LIMITED ACCESS AREAS                                                                                 Monday through Friday, 8:30 a.m. to
                                                                                                                                                          4:30 p.m., excluding legal holidays.
                                           ■ 1. The authority citation for part 165                                                                       FOR FURTHER INFORMATION CONTACT:
                                           continues to read as follows:                                                                                  Anne K. McWilliams, Air Quality


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Document Created: 2018-06-18 15:50:38
Document Modified: 2018-06-18 15:50:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:45 p.m. through 9:45 p.m. on June 30, 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 28155 
RIN Number1625-0529
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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