83_FR_29810 83 FR 29687 - Safety Zone; Lower Mississippi River, New Orleans, LA

83 FR 29687 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range29687-29689
FR Document2018-13644

The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Mississippi River from mile marker (MM) 94 to MM 95 above Head of Passes. This action is necessary to provide for the safety of persons, vessels, and the marine environment near Algiers Point, New Orleans, LA, during a fireworks display on June 30, 2018. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New Orleans or a designated representative.

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29687-29689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13644]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0331]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of the

[[Page 29688]]

Mississippi River from mile marker (MM) 94 to MM 95 above Head of 
Passes. This action is necessary to provide for the safety of persons, 
vessels, and the marine environment near Algiers Point, New Orleans, 
LA, during a fireworks display on June 30, 2018. This regulation 
prohibits persons and vessels from being in the safety zone unless 
authorized by the Captain of the Port Sector New Orleans or a 
designated representative.

DATES: This rule is effective from 8:45 p.m. through 10 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-
2018-0331 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
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 4, 2018, AFX Pro, LLC, notified the Coast Guard that it 
would be conducting a fireworks display from 10 p.m. through 10:45 p.m. 
on June 30, 2018, for a wedding celebration. The fireworks are to be 
launched from a barge in the Mississippi River at the approximate mile 
marker (MM) 94.5 above Head of Passes near Algiers Point, New Orleans, 
LA. In response, on April 17, 2018, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Safety Zone; Lower Mississippi 
River, New Orleans, LA (83 FR 16817). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this fireworks display. During the comment period that ended May 17, 
2018, we received one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector New Orleans (COTP) has determined 
that potential hazards associated with the fireworks to be used in this 
June 30, 2018 display will be a safety concern for anyone within a one-
mile section of the river. The purpose of this rule is to ensure safety 
of persons, vessels, and the marine environment before, during, and 
after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published April 
17, 2018. The comment was unrelated to the substance of this rule. 
Therefore, no changes were made to the regulatory text of the final 
rule based on the comment.
    However, on April 18, 2018, AFX Pro, LLC notified the Coast Guard 
that the fireworks display would begin at 9 p.m. instead of 9.45 p.m. 
and end at 10 p.m. instead of 11 p.m., as we originally published in 
the NPRM. Therefore, the regulatory text of this rule updates the 
effective period in the NPRM to 8:45 p.m. through 10 p.m.
    This rule establishes a temporary safety zone from 8:45 p.m. 
through 10 p.m. on June 30, 2018. The safety zone will cover all 
navigable waters of the Mississippi River above Head of Passes between 
mile markers (MM) 94 and 95. The duration of the zone is intended to 
ensure the safety of persons, vessels, and the marine environment 
before, during, and after the scheduled fireworks display. No vessel or 
person is permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Sector New Orleans. 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 a designated representative. The COTP 
or a designated representative will inform the public through Broadcast 
Notices to Mariners of any changes in the planned schedule.

V. Regulatory Analyses

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

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 and fifteen minutes on a one-mile section of the 
river. Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners (BNM) 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this rule would 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.

[[Page 29689]]

    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone lasting one hour and fifteen minutes that will prohibit 
entry between mile marker 94 and mile marker 95 on the Lower 
Mississippi River above Head of Passes. 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.T08-0331 to read as follows:


Sec.  165.T08-0331   Safety Zone; Lower Mississippi River, New Orleans, 
LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River, New Orleans, LA from mile marker 
(MM) 94 to MM 95 above Head of Passes.
    (b) Effective period. This section is effective from 8:45 p.m. 
through 10 p.m. on June 30, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, 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 through Broadcast Notices to Mariners and Local 
Notices to Mariners of any changes in the planned schedule.

    Dated: June 12, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-13644 Filed 6-25-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations                                                29687

                                              understanding this rule. If the rule                    their discretionary regulatory actions. In             § 165.T09–0468 Safety Zone; Wine and
                                              would affect your small business,                       particular, the Act addresses actions                  Walleye Festival Fireworks; Ashtabula
                                              organization, or governmental                           that may result in the expenditure by a                River, Ashtabula, OH.
                                              jurisdiction and you have questions                     State, local, or tribal government, in the               (a) Location. This zone will
                                              concerning its provisions or options for                aggregate, or by the private sector of                 encompass all waters of the Ashtabula
                                              compliance, please contact the person                   $100,000,000 (adjusted for inflation) or               River; Ashtabula, OH contained within
                                              listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                 a 280-foot radius of: 41°54′06″ N,
                                              CONTACT section.                                        will not result in such an expenditure,                080°47′49″ W.
                                                 Small businesses may send comments                   we do discuss the effects of this rule                   (b) Enforcement period. This
                                              on the actions of Federal employees                     elsewhere in this preamble.                            regulation will be enforced from 9:45
                                              who enforce, or otherwise determine                                                                            p.m. until 11:15 p.m. on July 28, 2018.
                                              compliance with, Federal regulations to                 F. Environment                                           (c) Regulations. (1) In accordance with
                                              the Small Business and Agriculture                                                                             the general regulations in § 165.23, entry
                                              Regulatory Enforcement Ombudsman                          We have analyzed this rule under                     into, transiting, or anchoring within this
                                              and the Regional Small Business                         Department of Homeland Security                        safety zone is prohibited unless
                                              Regulatory Fairness Boards. The                         Directive 023–01 and Commandant                        authorized by the Captain of the Port
                                              Ombudsman evaluates these actions                       Instruction M16475.1D, which guide the                 Buffalo or his designated on-scene
                                              annually and rates each agency’s                        Coast Guard in complying with the                      representative.
                                              responsiveness to small business. If you                National Environmental Policy Act of                     (2) This safety zone is closed to all
                                              wish to comment on actions by                           1969 (42 U.S.C. 4321–4370f), and have                  vessel traffic, except as may be
                                              employees of the Coast Guard, call 1–                   determined that this action is one of a                permitted by the Captain of the Port
                                              888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                        Buffalo or his designated on-scene
                                              Coast Guard will not retaliate against                  individually or cumulatively have a                    representative.
                                              small entities that question or complain                significant effect on the human                          (3) The ‘‘on-scene representative’’ of
                                              about this rule or any policy or action                 environment. This rule establishes a                   the Captain of the Port Buffalo is any
                                              of the Coast Guard.                                     temporary safety zone. It is categorically             Coast Guard commissioned, warrant or
                                                                                                      excluded from further review under                     petty officer who has been designated
                                              C. Collection of Information                            paragraph L60(a) of Appendix A, Table                  by the Captain of the Port Buffalo to act
                                                This rule will not call for a new                     1 of DHS Instruction Manual 023–01–                    on his behalf.
                                              collection of information under the                     001–01, Rev. 01. A Record of                             (4) Vessel operators desiring to enter
                                              Paperwork Reduction Act of 1995 (44                     Environmental Consideration                            or operate within the safety zone shall
                                              U.S.C. 3501–3520).                                      supporting this determination is                       contact the Captain of the Port Buffalo
                                              D. Federalism and Indian Tribal                         available in the docket where indicated                or his on-scene representative to obtain
                                              Governments                                             under ADDRESSES.                                       permission to do so. The Captain of the
                                                                                                                                                             Port Buffalo or his on-scene
                                                 A rule has implications for federalism               G. Protest Activities                                  representative may be contacted via
                                              under Executive Order 13132,                                                                                   VHF Channel 16. Vessel operators given
                                              Federalism, if it has a substantial direct                The Coast Guard respects the First
                                                                                                      Amendment rights of protesters.                        permission to enter or operate in the
                                              effect on the States, on the relationship                                                                      safety zone must comply with all
                                              between the national government and                     Protesters are asked to contact the
                                                                                                      person listed in the FOR FURTHER                       directions given to them by the Captain
                                              the States, or on the distribution of                                                                          of the Port Buffalo, or his on-scene
                                              power and responsibilities among the                    INFORMATION CONTACT section to
                                                                                                      coordinate protest activities so that your             representative.
                                              various levels of government. We have
                                              analyzed this rule under that Order and                 message can be received without                          Dated: June 20, 2018.
                                              have determined that it is consistent                   jeopardizing the safety or security of                 Joseph S. Dufresne,
                                              with the fundamental federalism                         people, places or vessels.                             Captain, U.S. Coast Guard, Captain of the
                                              principles and preemption requirements                                                                         Port Buffalo.
                                                                                                      List of Subjects in 33 CFR Part 165
                                              described in Executive Order 13132.                                                                            [FR Doc. 2018–13659 Filed 6–25–18; 8:45 am]
                                                 Also, this rule does not have tribal                   Harbors, Marine safety, Navigation                   BILLING CODE 9110–04–P
                                              implications under Executive Order                      (water), Reporting and recordkeeping
                                              13175, Consultation and Coordination                    requirements, Security measures,
                                              with Indian Tribal Governments,                         Waterways.                                             DEPARTMENT OF HOMELAND
                                              because it does not have a substantial                                                                         SECURITY
                                              direct effect on one or more Indian                       For the reasons discussed in the
                                              tribes, on the relationship between the                 preamble, the Coast Guard amends 33                    Coast Guard
                                              Federal Government and Indian tribes,                   CFR part 165 as follows:
                                              or on the distribution of power and                                                                            33 CFR Part 165
                                              responsibilities between the Federal                    PART 165—REGULATED NAVIGATION
                                                                                                                                                             [Docket Number USCG–2018–0331]
                                              Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                             RIN 1625–AA00
                                              believe this rule has implications for
                                              federalism or Indian tribes, please                     ■ 1. The authority citation for part 165
                                                                                                      continues to read as follows:                          Safety Zone; Lower Mississippi River,
                                              contact the person listed in the FOR                                                                           New Orleans, LA
sradovich on DSK3GMQ082PROD with RULES




                                              FURTHER INFORMATION CONTACT section                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              above.                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              AGENCY:    Coast Guard, DHS.
                                              E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation             ACTION:   Temporary final rule.
                                                                                                      No. 0170.1.
                                                The Unfunded Mandates Reform Act                                                                             SUMMARY:   The Coast Guard is
                                              of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T09–0468 to read as                     establishing a temporary safety zone for
                                              Federal agencies to assess the effects of               follows:                                               certain navigable waters of the


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                                              29688              Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations

                                              Mississippi River from mile marker                      hazards associated with the fireworks to               A. Regulatory Planning and Review
                                              (MM) 94 to MM 95 above Head of                          be used in this June 30, 2018 display                     Executive Orders 12866 and 13563
                                              Passes. This action is necessary to                     will be a safety concern for anyone                    direct agencies to assess the costs and
                                              provide for the safety of persons,                      within a one-mile section of the river.                benefits of available regulatory
                                              vessels, and the marine environment                     The purpose of this rule is to ensure                  alternatives and, if regulation is
                                              near Algiers Point, New Orleans, LA,                    safety of persons, vessels, and the                    necessary, to select regulatory
                                              during a fireworks display on June 30,                  marine environment before, during, and                 approaches that maximize net benefits.
                                              2018. This regulation prohibits persons                 after the scheduled event.                             Executive Order 13771 directs agencies
                                              and vessels from being in the safety                    IV. Discussion of Comments, Changes,                   to control regulatory costs through a
                                              zone unless authorized by the Captain                   and the Rule                                           budgeting process. This rule has not
                                              of the Port Sector New Orleans or a                                                                            been designated a ‘‘significant
                                              designated representative.                                 As noted above, we received one
                                                                                                      comment on our NPRM published April                    regulatory action,’’ under Executive
                                              DATES: This rule is effective from 8:45                                                                        Order 12866. Accordingly, this rule has
                                              p.m. through 10 p.m. on June 30, 2018.                  17, 2018. The comment was unrelated to
                                                                                                      the substance of this rule. Therefore, no              not been reviewed by the Office of
                                              ADDRESSES: To view documents                                                                                   Management and Budget (OMB), and
                                                                                                      changes were made to the regulatory
                                              mentioned in this preamble as being                     text of the final rule based on the                    pursuant to OMB guidance it is exempt
                                              available in the docket, go to http://                  comment.                                               from the requirements of Executive
                                              www.regulations.gov, type USCG–2018–                       However, on April 18, 2018, AFX Pro,                Order 13771.
                                              0331 in the ‘‘SEARCH’’ box and click                    LLC notified the Coast Guard that the                     This regulatory action determination
                                              ‘‘SEARCH.’’ Click on Open Docket                        fireworks display would begin at 9 p.m.                is based on the size and duration of the
                                              Folder on the line associated with this                 instead of 9.45 p.m. and end at 10 p.m.                temporary safety zone. This temporary
                                              rule.                                                   instead of 11 p.m., as we originally                   safety zone is for only one hour and
                                              FOR FURTHER INFORMATION CONTACT: If                     published in the NPRM. Therefore, the                  fifteen minutes on a one-mile section of
                                              you have questions on this rule, call or                regulatory text of this rule updates the               the river. Moreover, the Coast Guard
                                              email Lieutenant Commander Howard                       effective period in the NPRM to 8:45                   will issue a Broadcast Notice to
                                              Vacco, Sector New Orleans, U.S. Coast                   p.m. through 10 p.m.                                   Mariners (BNM) via VHF–FM marine
                                              Guard; telephone 504–365–2281, email                       This rule establishes a temporary                   channel 16 about the zone, and the rule
                                              Howard.K.Vacco@uscg.mil.                                safety zone from 8:45 p.m. through 10                  allows vessels to seek permission to
                                              SUPPLEMENTARY INFORMATION:                              p.m. on June 30, 2018. The safety zone                 enter the zone.
                                                                                                      will cover all navigable waters of the
                                              I. Table of Abbreviations                                                                                      B. Impact on Small Entities
                                                                                                      Mississippi River above Head of Passes
                                              CFR Code of Federal Regulations                         between mile markers (MM) 94 and 95.                      The Regulatory Flexibility Act of
                                              COTP Captain of the Port Sector New                     The duration of the zone is intended to                1980, 5 U.S.C. 601–612, as amended,
                                                Orleans                                               ensure the safety of persons, vessels,                 requires Federal agencies to consider
                                              DHS Department of Homeland Security                     and the marine environment before,                     the potential impact of regulations on
                                              FR Federal Register                                                                                            small entities during rulemaking. The
                                                                                                      during, and after the scheduled
                                              MM Mile marker                                                                                                 term ‘‘small entities’’ comprises small
                                              NPRM Notice of proposed rulemaking                      fireworks display. No vessel or person is
                                              § Section                                               permitted to enter the safety zone                     businesses, not-for-profit organizations
                                              U.S.C. United States Code                               without obtaining permission from the                  that are independently owned and
                                                                                                      COTP or a designated representative. A                 operated and are not dominant in their
                                              II. Background Information and                          designated representative is a                         fields, and governmental jurisdictions
                                              Regulatory History                                      commissioned, warrant, or petty officer                with populations of less than 50,000.
                                                 On April 4, 2018, AFX Pro, LLC,                      of the U.S. Coast Guard assigned to                    The Coast Guard received no comments
                                              notified the Coast Guard that it would                  units under the operational control of                 from the Small Business Administration
                                              be conducting a fireworks display from                  USCG Sector New Orleans. Vessels                       on this rulemaking. The Coast Guard
                                              10 p.m. through 10:45 p.m. on June 30,                  requiring entry into this safety zone                  certifies under 5 U.S.C. 605(b) that this
                                              2018, for a wedding celebration. The                    must request permission from the COTP                  rule will not have a significant
                                              fireworks are to be launched from a                     or a designated representative. They                   economic impact on a substantial
                                              barge in the Mississippi River at the                   may be contacted on VHF–FM Channel                     number of small entities.
                                              approximate mile marker (MM) 94.5                       16 or 67 or by telephone at (504) 365–                    While some owners or operators of
                                              above Head of Passes near Algiers Point,                2200. Persons and vessels permitted to                 vessels intending to transit the safety
                                              New Orleans, LA. In response, on April                  enter this safety zone must transit at                 zone may be small entities, for the
                                              17, 2018, the Coast Guard published a                   their slowest safe speed and comply                    reasons stated in section IV.A above,
                                              notice of proposed rulemaking (NPRM)                    with all lawful directions issued by the               this rule would not have a significant
                                              titled Safety Zone; Lower Mississippi                   COTP or a designated representative.                   economic impact on any vessel owner
                                              River, New Orleans, LA (83 FR 16817).                   The COTP or a designated                               or operator.
                                              There we stated why we issued the                       representative will inform the public                     Under section 213(a) of the Small
                                              NPRM, and invited comments on our                       through Broadcast Notices to Mariners                  Business Regulatory Enforcement
                                              proposed regulatory action related to                   of any changes in the planned schedule.                Fairness Act of 1996 (Pub. L. 104–121),
                                              this fireworks display. During the                                                                             we want to assist small entities in
                                                                                                      V. Regulatory Analyses                                 understanding this rule. If the rule
                                              comment period that ended May 17,
sradovich on DSK3GMQ082PROD with RULES




                                              2018, we received one comment.                            We developed this rule after                         would affect your small business,
                                                                                                      considering numerous statutes and                      organization, or governmental
                                              III. Legal Authority and Need for Rule                  Executive orders related to rulemaking.                jurisdiction and you have questions
                                                 The Coast Guard is issuing this rule                 Below we summarize our analyses                        concerning its provisions or options for
                                              under authority in 33 U.S.C. 1231. The                  based on a number of these statutes and                compliance, please contact the person
                                              Captain of the Port Sector New Orleans                  Executive orders, and we discuss First                 listed in the FOR FURTHER INFORMATION
                                              (COTP) has determined that potential                    Amendment rights of protestors.                        CONTACT section.



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                                                                 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations                                                29689

                                                Small businesses may send comments                    we do discuss the effects of this rule                    (b) Effective period. This section is
                                              on the actions of Federal employees                     elsewhere in this preamble.                            effective from 8:45 p.m. through 10 p.m.
                                              who enforce, or otherwise determine                                                                            on June 30, 2018.
                                                                                                      F. Environment
                                              compliance with, Federal regulations to                                                                           (c) Regulations. (1) In accordance with
                                              the Small Business and Agriculture                         We have analyzed this rule under                    the general regulations in § 165.23 of
                                              Regulatory Enforcement Ombudsman                        Department of Homeland Security                        this part, entry into this zone is
                                              and the Regional Small Business                         Directive 023–01 and Commandant                        prohibited unless authorized by the
                                              Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                 Captain of the Port Sector New Orleans
                                              Ombudsman evaluates these actions                       Coast Guard in complying with the                      (COTP) or designated representative. A
                                              annually and rates each agency’s                        National Environmental Policy Act of                   designated representative is a
                                              responsiveness to small business. If you                1969 (42 U.S.C. 4321–4370f), and have                  commissioned, warrant, or petty officer
                                              wish to comment on actions by                           determined that this action is one of a                of the U.S. Coast Guard assigned to
                                              employees of the Coast Guard, call 1–                   category of actions that do not                        units under the operational control of
                                              888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                    USCG Sector New Orleans.
                                              Coast Guard will not retaliate against                  significant effect on the human                           (2) Vessels requiring entry into this
                                              small entities that question or complain                environment. This rule involves a safety               safety zone must request permission
                                              about this rule or any policy or action                 zone lasting one hour and fifteen                      from the COTP or a designated
                                              of the Coast Guard.                                     minutes that will prohibit entry between               representative. They may be contacted
                                                                                                      mile marker 94 and mile marker 95 on                   on VHF–FM Channel 16 or 67 or by
                                              C. Collection of Information                                                                                   telephone at (504) 365–2200.
                                                                                                      the Lower Mississippi River above Head
                                                This rule will not call for a new                     of Passes. It is categorically excluded                   (3) Persons and vessels permitted to
                                              collection of information under the                     from further review under paragraph                    enter this safety zone must transit at
                                              Paperwork Reduction Act of 1995 (44                     L60(a) of Appendix A, Table 1 of DHS                   their slowest safe speed and comply
                                              U.S.C. 3501–3520).                                      Instruction Manual 023–01–001–01,                      with all lawful directions issued by the
                                                                                                      Rev. 01. A Record of Environmental                     COTP or the designated representative.
                                              D. Federalism and Indian Tribal                                                                                   (d) Information broadcasts. The COTP
                                                                                                      Consideration supporting this
                                              Governments                                                                                                    or a designated representative will
                                                                                                      determination is available in the docket
                                                 A rule has implications for federalism               where indicated under ADDRESSES.                       inform the public through Broadcast
                                              under Executive Order 13132,                                                                                   Notices to Mariners and Local Notices to
                                                                                                      G. Protest Activities                                  Mariners of any changes in the planned
                                              Federalism, if it has a substantial direct
                                              effect on the States, on the relationship                 The Coast Guard respects the First                   schedule.
                                              between the national government and                     Amendment rights of protesters.                          Dated: June 12, 2018.
                                              the States, or on the distribution of                   Protesters are asked to contact the                    K.M. Luttrell,
                                              power and responsibilities among the                    person listed in the FOR FURTHER                       Captain, U.S. Coast Guard, Captain of the
                                              various levels of government. We have                   INFORMATION CONTACT section to                         Port Sector New Orleans.
                                              analyzed this rule under that Order and                 coordinate protest activities so that your             [FR Doc. 2018–13644 Filed 6–25–18; 8:45 am]
                                              have determined that it is consistent                   message can be received without
                                                                                                                                                             BILLING CODE 9110–04–P
                                              with the fundamental federalism                         jeopardizing the safety or security of
                                              principles and preemption requirements                  people, places or vessels.
                                              described in Executive Order 13132.                     List of Subjects in 33 CFR Part 165                    DEPARTMENT OF HOMELAND
                                                 Also, this rule does not have tribal                                                                        SECURITY
                                              implications under Executive Order                        Harbors, Marine safety, Navigation
                                              13175, Consultation and Coordination                    (water), Reporting and recordkeeping                   Coast Guard
                                              with Indian Tribal Governments,                         requirements, Security measures,
                                              because it does not have a substantial                  Waterways.                                             33 CFR Part 165
                                              direct effect on one or more Indian                       For the reasons discussed in the                     [Docket Number USCG–2018–0567]
                                              tribes, on the relationship between the                 preamble, the Coast Guard amends 33
                                              Federal Government and Indian tribes,                   CFR part 165 as follows:                               RIN 1625–AA00
                                              or on the distribution of power and
                                              responsibilities between the Federal                    PART 165—REGULATED NAVIGATION                          Safety Zone; Bay Village Independence
                                              Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS                         Day Fireworks; Lake Erie, Bay Village,
                                              believe this rule has implications for                                                                         OH
                                              federalism or Indian tribes, please                     ■ 1. The authority citation for part 165               AGENCY:    Coast Guard, DHS.
                                              contact the person listed in the FOR                    continues to read as follows:
                                                                                                                                                             ACTION:   Temporary final rule.
                                              FURTHER INFORMATION CONTACT section.                      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;              SUMMARY:   The Coast Guard is
                                              E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation             establishing a temporary safety zone for
                                                The Unfunded Mandates Reform Act                      No. 0170.1.                                            navigable waters within a 560-foot
                                              of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T08–0331 to read as                     radius of the launch site located at
                                              Federal agencies to assess the effects of               follows:                                               Cahoon Park, Bay Village, OH. This
                                              their discretionary regulatory actions. In                                                                     safety zone is intended to restrict
sradovich on DSK3GMQ082PROD with RULES




                                              particular, the Act addresses actions                   § 165.T08–0331 Safety Zone; Lower                      vessels from a portion of Lake Erie
                                              that may result in the expenditure by a                 Mississippi River, New Orleans, LA.                    during the Bay Village Independence
                                              State, local, or tribal government, in the                (a) Location. The following area is a                Day fireworks display. This temporary
                                              aggregate, or by the private sector of                  safety zone: All navigable waters of the               safety zone is necessary to protect
                                              $100,000,000 (adjusted for inflation) or                Lower Mississippi River, New Orleans,                  mariners and vessels from the
                                              more in any one year. Though this rule                  LA from mile marker (MM) 94 to MM                      navigational hazards associated with a
                                              will not result in such an expenditure,                 95 above Head of Passes.                               fireworks display. Entry of vessels or


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Document Created: 2018-06-26 00:51:26
Document Modified: 2018-06-26 00:51:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:45 p.m. through 10 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 29687 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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