83 FR 31062 - Safety Zone; Gulf Intracoastal Waterway, Lafitte, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range		31062-31064
FR Document		2018-14244
The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Gulf Intracoastal Waterway in Lafitte, LA. The safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards created by the Jean Lafitte Pirogue Race. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Sector New Orleans or a designated representative.
Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31062-31064]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14244]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0514]
RIN 1625-AA00


Safety Zone; Gulf Intracoastal Waterway, Lafitte, 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 Gulf Intracoastal Waterway in Lafitte, 
LA. The safety zone is necessary to protect persons, vessels, and the 
marine environment from potential hazards created by the Jean Lafitte 
Pirogue Race. Entry of persons or vessels into this zone is prohibited 
unless authorized by the Captain of the Port Sector New Orleans or a 
designated representative.

DATES: This rule is effective from 11:30 a.m. through 4 p.m. on July 
21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0514 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 
Howard.K.Vacco@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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 ``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 to publish an NPRM because we must establish this safety 
zone by July 21, 2018 and lack sufficient time to provide a reasonable 
comment period and then consider those comments before issuing the 
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 needed to respond to the potential safety hazards associated with 
this boat race.

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 boat race on July 21, 2018, 
will be a safety concern for anyone within a one-mile section of the 
Gulf Intracoastal Waterway. Possible hazards include risks of injury or 
death from near or actual contact among participant vessels and 
mariners traversing through the safety zone. This rule is necessary to 
protect persons, vessels, and the marine environment during the race.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 11:30 a.m. 
through 4 p.m. on July 21, 2018. This zone will encompass all navigable 
waters of the Gulf Intracoastal Waterway between mile markers (MMs) 12 
and 13 west of the Harvey Locks in Lafitte, LA. The duration of the 
zone is intended to protect persons, vessels, and the marine 
environment during the race and will include breaks and opportunity for 
vessels to transit through the regulated area.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector New Orleans. Vessels requiring entry 
into this safety zone must request permission from the COTP or a 
designated representative. They may be contacted on VHF-FM Channel 16 
or 67 or by telephone at (504) 365-2200.
    A designated representative may be a Patrol Commander (PATCOM). The 
PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by 
the call sign ``PATCOM''. The ``official patrol vessels'' consist of 
any Coast Guard, state, or local law enforcement and sponsor provided 
vessels assigned or approved by the COTP or a designated representative 
to patrol the zone. All persons and vessels not registered with the 
sponsor as participants or official patrol vessels are considered 
spectators.
    Spectator vessels desiring to transit the zone may do so only with 
prior approval of the COTP or a designated representative and when so 
directed by that officer must be operated at a minimum safe navigation 
speed in a

[[Page 31063]]

manner that will not endanger any other vessels. No spectator vessel 
shall anchor, block, loiter, or impede the through transit of official 
patrol vessels in the zone during the effective date and times, unless 
cleared for entry by or through the COTP or a designated 
representative. Any spectator vessel may anchor outside the zone, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the zone in such 
a way that they shall not interfere with the progress of the event. 
Such mooring must be complete at least 30 minutes prior to the 
establishment of the zone and remain moored through the duration of the 
event.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the zone. When hailed or signaled by an 
official patrol vessel, a vessel shall come to an immediate stop and 
comply with the directions given. Failure to do so may result in 
expulsion from the zone, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property. The COTP or a designated representative will 
terminate enforcement of the safety zone at the conclusion of the 
event.
    The COTP or a designated representative will inform the public of 
the enforcement periods of this safety zone through Broadcast Notices 
to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine 
Safety Information Bulletins (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 
covers a one-mile section of the Gulf Intracoastal Waterway for only 
four and a half hours on one day. Moreover, the Coast Guard will issue 
a BNMs via VHF-FM marine channel 16 about the zone, breaks may provide 
an opportunity for vessels to transit through the safety 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 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 
a safety

[[Page 31064]]

zone lasting only four and a half hours on one day that will prohibit 
entry within a one-mile stretch of the Gulf Intracoastal Waterway. 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.T08-0514 to read as follows:


Sec.  165.T08-0514   Safety Zone; Gulf Intracoastal Waterway, Lafitte, 
LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Gulf Intracoastal Waterway, from mile markers (MMs) 12 to 
13 west of the Harvey Locks, Lafitte, LA.
    (b) Effective period. This section is effective from 11:30 a.m. 
through 4 p.m. on July 21, 2018.
    (c) Enforcement periods. This section will be enforced during the 
effective period. However, breaks in the racing may occur during the 
enforcement periods, which will allow for vessels to pass through the 
safety zone. The Captain of the Port Sector New Orleans (COTP) or a 
designated representative will provide notice of breaks as appropriate 
under (e) Informational broadcasts.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the 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. They may be contacted on VHF-FM Channel 16 or 67 or by 
telephone at (504) 365-2200. A designated representative may be a 
Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be 
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP or a designated representative to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the Patrol Commander and when so 
directed by that officer will be operated at a minimum safe navigation 
speed in a manner which will not endanger participants in the regulated 
area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, citation for failure to comply, 
or both.
    (7) The COTP or a designated representative may terminate the event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life or property.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulations at the conclusion of the 
event.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices 
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: June 27, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-14244 Filed 7-2-18; 8:45 am]
 BILLING CODE 9110-04-P
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31063

manner that will not endanger any other pursuant to OMB guidance it is exempt about this rule or any policy or action
vessels. No spectator vessel shall from the requirements of Executive of the Coast Guard.
anchor, block, loiter, or impede the Order 13771.
C. Collection of Information
through transit of official patrol vessels This regulatory action determination
in the zone during the effective date and is based on the size and duration of the This rule will not call for a new
times, unless cleared for entry by or temporary safety zone. This temporary collection of information under the
through the COTP or a designated safety zone covers a one-mile section of Paperwork Reduction Act of 1995 (44
representative. Any spectator vessel the Gulf Intracoastal Waterway for only U.S.C. 3501–3520).
may anchor outside the zone, but may four and a half hours on one day. D. Federalism and Indian Tribal
not anchor in, block, or loiter in a Moreover, the Coast Guard will issue a Governments
navigable channel. Spectator vessels BNMs via VHF–FM marine channel 16
may be moored to a waterfront facility about the zone, breaks may provide an A rule has implications for federalism
within the zone in such a way that they opportunity for vessels to transit under Executive Order 13132,
shall not interfere with the progress of through the safety zone, and the rule Federalism, if it has a substantial direct
the event. Such mooring must be allows vessels to seek permission to effect on the States, on the relationship
complete at least 30 minutes prior to the enter the zone. between the national government and
establishment of the zone and remain the States, or on the distribution of
moored through the duration of the B. Impact on Small Entities power and responsibilities among the
event. The Regulatory Flexibility Act of various levels of government. We have
The COTP or a designated 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and
representative may forbid and control requires Federal agencies to consider have determined that it is consistent
the movement of all vessels in the zone. the potential impact of regulations on with the fundamental federalism
When hailed or signaled by an official small entities during rulemaking. The principles and preemption requirements
patrol vessel, a vessel shall come to an term ‘‘small entities’’ comprises small described in Executive Order 13132.
immediate stop and comply with the Also, this rule does not have tribal
businesses, not-for-profit organizations
directions given. Failure to do so may implications under Executive Order
that are independently owned and
result in expulsion from the zone, 13175, Consultation and Coordination
operated and are not dominant in their
citation for failure to comply, or both. with Indian Tribal Governments,
fields, and governmental jurisdictions
The COTP or a designated because it does not have a substantial
with populations of less than 50,000.
representative may terminate the direct effect on one or more Indian
The Coast Guard certifies under 5 U.S.C.
operation of any vessel at any time it is tribes, on the relationship between the
605(b) that this rule will not have a
deemed necessary for the protection of Federal Government and Indian tribes,
significant economic impact on a
life or property. The COTP or a or on the distribution of power and
substantial number of small entities.
designated representative will terminate responsibilities between the Federal
While some owners or operators of
enforcement of the safety zone at the Government and Indian tribes. If you
vessels intending to transit the
conclusion of the event. believe this rule has implications for
temporary safety zone may be small
The COTP or a designated federalism or Indian tribes, please
entities, for the reasons stated in section
representative will inform the public of contact the person listed in the FOR
V.A above, this rule will not have a
the enforcement periods of this safety FURTHER INFORMATION CONTACT section
significant economic impact on any
zone through Broadcast Notices to above.
vessel owner or operator.
Mariners (BNMs), Local Notices to
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
Mariners (LNMs), and/or Marine Safety
Business Regulatory Enforcement The Unfunded Mandates Reform Act
Information Bulletins (MSIBs) as
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
appropriate.
we want to assist small entities in Federal agencies to assess the effects of
V. Regulatory Analyses understanding this rule. If the rule their discretionary regulatory actions. In
We developed this rule after would affect your small business, particular, the Act addresses actions
considering numerous statutes and organization, or governmental that may result in the expenditure by a
Executive orders related to rulemaking. jurisdiction and you have questions State, local, or tribal government, in the
Below we summarize our analyses concerning its provisions or options for aggregate, or by the private sector of
based on a number of these statutes and compliance, please contact the person $100,000,000 (adjusted for inflation) or
Executive orders, and we discuss First listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
Amendment rights of protestors. CONTACT section. will not result in such an expenditure,
Small businesses may send comments we do discuss the effects of this rule
A. Regulatory Planning and Review on the actions of Federal employees elsewhere in this preamble.
Executive Orders 12866 and 13563 who enforce, or otherwise determine
direct agencies to assess the costs and compliance with, Federal regulations to F. Environment
benefits of available regulatory the Small Business and Agriculture We have analyzed this rule under
alternatives and, if regulation is Regulatory Enforcement Ombudsman Department of Homeland Security
necessary, to select regulatory and the Regional Small Business Directive 023–01 and Commandant
approaches that maximize net benefits. Regulatory Fairness Boards. The Instruction M16475.1D, which guide the
Executive Order 13771 directs agencies Ombudsman evaluates these actions Coast Guard in complying with the
sradovich on DSK3GMQ082PROD with RULES

to control regulatory costs through a annually and rates each agency’s National Environmental Policy Act of
budgeting process. This rule has not responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have
been designated a ‘‘significant wish to comment on actions by determined that this action is one of a
regulatory action,’’ under Executive employees of the Coast Guard, call 1– category of actions that do not
Order 12866. Accordingly, this rule has 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a
not been reviewed by the Office of Coast Guard will not retaliate against significant effect on the human
Management and Budget (OMB), and small entities that question or complain environment. This rule involves a safety

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31064 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations

zone lasting only four and a half hours authorized by the COTP or designated time it is deemed necessary for the
on one day that will prohibit entry representative. A designated protection of life or property.
within a one-mile stretch of the Gulf representative is a commissioned, (8) The COTP or a designated
Intracoastal Waterway. It is categorically warrant, or petty officer of the U.S. representative will terminate
excluded from further review under Coast Guard assigned to units under the enforcement of the special local
paragraph L60(a) of Appendix A, Table operational control of USCG Sector New regulations at the conclusion of the
1 of DHS Instruction Manual 023–01– Orleans. They may be contacted on event.
001–01, Rev. 01. A Record of VHF–FM Channel 16 or 67 or by (e) Informational broadcasts. The
Environmental Consideration telephone at (504) 365–2200. A COTP or a designated representative
supporting this determination is designated representative may be a will inform the public of the effective
available in the docket where indicated Patrol Commander (PATCOM). The period for the safety zone as well as any
under ADDRESSES. PATCOM may be aboard either a Coast changes in the dates and times of
Guard or Coast Guard Auxiliary vessel. enforcement through Local Notice to
G. Protest Activities Mariners (LNMs), Broadcast Notices to
The Patrol Commander may be
The Coast Guard respects the First contacted on Channel 16 VHF–FM Mariners (BNMs), and/or Marine Safety
Amendment rights of protesters. (156.8 MHz) by the call sign Information Bulletins (MSIBs) as
Protesters are asked to contact the ‘‘PATCOM’’. appropriate.
person listed in the FOR FURTHER (2) All persons and vessels not Dated: June 27, 2018.
INFORMATION CONTACT section to registered with the sponsor as K.M. Luttrell,
coordinate protest activities so that your participants or official patrol vessels are Captain, U.S. Coast Guard, Captain of the
message can be received without considered spectators. The ‘‘official Port Sector New Orleans.
jeopardizing the safety or security of patrol vessels’’ consist of any Coast [FR Doc. 2018–14244 Filed 7–2–18; 8:45 am]
people, places or vessels. Guard, state, or local law enforcement
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 165 and sponsor provided vessels assigned
or approved by the COTP or a
Harbors, Marine safety, Navigation designated representative to patrol the
(water), Reporting and recordkeeping ENVIRONMENTAL PROTECTION
regulated area.
requirements, Security measures, AGENCY
(3) Spectator vessels desiring to
Waterways. transit the regulated area may do so only
For the reasons discussed in the 40 CFR Part 52
with prior approval of the Patrol
preamble, the Coast Guard amends 33 Commander and when so directed by [EPA–R03–OAR–2017–0423; FRL–9980–
CFR part 165 as follows: that officer will be operated at a 30—Region 3]
minimum safe navigation speed in a Approval and Promulgation of Air
PART 165—REGULATED NAVIGATION
manner which will not endanger Quality Implementation Plans;
AREAS AND LIMITED ACCESS AREAS
participants in the regulated area or any Pennsylvania; Base Year Emissions
■ 1. The authority citation for part 165 other vessels. Inventories for the Lebanon and
continues to read as follows: (4) No spectator vessel shall anchor, Delaware County Nonattainment Areas
block, loiter, or impede the through for the 2012 Annual Fine Particulate
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
transit of participants or official patrol Matter National Ambient Air Quality
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation vessels in the regulated area during the Standard
No. 0170.1. effective dates and times, unless cleared
for entry by or through an official patrol AGENCY: Environmental Protection
■ 2. Add § 165.T08–0514 to read as vessel. Agency (EPA).
follows: (5) Any spectator vessel may anchor ACTION: Final rule.
§ 165.T08–0514 Safety Zone; Gulf outside the regulated area, but may not
Intracoastal Waterway, Lafitte, LA. anchor in, block, or loiter in a navigable SUMMARY: The Environmental Protection
channel. Spectator vessels may be Agency (EPA) is approving two state
(a) Location. The following area is a
moored to a waterfront facility within implementation plan (SIP) revisions
safety zone: All navigable waters of the
the regulated area in such a way that submitted by the Commonwealth of
Gulf Intracoastal Waterway, from mile
they shall not interfere with the progress Pennsylvania. These revisions pertain to
markers (MMs) 12 to 13 west of the
of the event. Such mooring must be base year emission inventories for the
Harvey Locks, Lafitte, LA.
(b) Effective period. This section is complete at least 30 minutes prior to the Lebanon County and Delaware County
effective from 11:30 a.m. through 4 p.m. establishment of the regulated area and nonattainment areas for the 2012 annual
on July 21, 2018. remain moored through the duration of fine particulate national ambient air
(c) Enforcement periods. This section the event. quality standard (NAAQS). The Clean
will be enforced during the effective (6) The COTP or a designated Air Act (CAA) requires states to submit
period. However, breaks in the racing representative may forbid and control a comprehensive, accurate and current
may occur during the enforcement the movement of all vessels in the inventory of actual emissions from all
periods, which will allow for vessels to regulated area. When hailed or signaled sources of direct and secondary ambient
pass through the safety zone. The by an official patrol vessel, a vessel shall fine particulate matter less than 2.5
Captain of the Port Sector New Orleans come to an immediate stop and comply microns in diameter (PM2.5) for all PM2.5
sradovich on DSK3GMQ082PROD with RULES

(COTP) or a designated representative with the directions given. Failure to do nonattainment areas. EPA is approving
will provide notice of breaks as so may result in expulsion from the these revisions in accordance with the
appropriate under (e) Informational area, citation for failure to comply, or requirements under Title I of the CAA.
broadcasts. both. DATES: This final rule is effective on
(d) Regulations. (1) In accordance (7) The COTP or a designated August 2, 2018.
with the general regulations in § 165.23, representative may terminate the event ADDRESSES: EPA has established a
entry into this zone is prohibited unless or the operation of any vessel at any docket for this action under Docket ID

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Document Created: 2018-07-02 23:55:44
Document Modified: 2018-07-02 23:55:44
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 11:30 a.m. through 4 p.m. on July 21, 2018.
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]
FR Citation		83 FR 31062
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
83 FR 31062 - Safety Zone; Gulf Intracoastal Waterway, Lafitte, LA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 128 (July 3, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
