83_FR_3982 83 FR 3963 - Safety Zone; Lower Mississippi River, New Orleans, LA

83 FR 3963 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 19 (January 29, 2018)

Page Range3963-3965
FR Document2018-01616

The Coast Guard is establishing a temporary safety zone for the navigable waters on the Lower Mississippi River between mile marker (MM) 95.6 and MM 96.6 Above Head of Passes (AHP). This safety zone is necessary to protect persons and vessels from potential safety hazards associated with a fireworks display on February 3, 2018. This rulemaking will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector New Orleans (COTP) or a designated representative.

Federal Register, Volume 83 Issue 19 (Monday, January 29, 2018)
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Rules and Regulations]
[Pages 3963-3965]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01616]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0022]
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 
the navigable waters on the Lower Mississippi River between mile marker 
(MM) 95.6 and MM 96.6 Above Head of Passes (AHP). This safety zone is 
necessary to protect persons and vessels from potential safety hazards 
associated with a fireworks display on February 3, 2018. This 
rulemaking will prohibit persons and vessels from entering the safety 
zone unless authorized by the Captain of the Port Sector New Orleans 
(COTP) or a designated representative.

DATES: This rule is effective from 10 p.m. through 11:20 p.m. on 
February 3, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0022. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes
BNM Broadcast Notice of Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM Mile Marker
MSIB Marine Safety Information Bulletin
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 final 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)(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. We must 
establish this safety zone by February 3, 2018 and lack sufficient time 
to provide a reasonable comment period and then consider those comments 
before issuing the rule. It is also contrary to the public interest as 
it would delay the safety measures necessary to protect life and 
property from the possible hazards associated with the fireworks 
display launched from the waterway. The impacts on navigation are 
expected to be minimal as the safety zone will only be in effect for a 
short duration. The Coast Guard will notify the public and maritime 
community that the safety zone will be in effect and of its enforcement 
periods via Broadcast Notice to Mariners (BNM) and Marine Safety 
Information Bulletin (MSIB).
    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 would be contrary to the public interest because the safety 
zone is necessary to respond to potential hazards associated with a 
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 a temporary safety zone is necessary to provide for the safety of 
life and vessels transiting the area where the fireworks will be 
launched. The fireworks display is scheduled to take place from 10 p.m. 
through 11:20 p.m. on February 3, 2018, on the navigable waters of the 
Lower Mississippi River at New Orleans, LA.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. to 11:20 p.m. on 
February 3, 2018. The safety zone would cover all navigable waters of 
the Lower Mississippi River (LMR) between Mile Marker (MM) 95.6 and MM 
96.6 Above Head of Passes (AHP) in New Orleans, LA. The duration of the 
zone is intended to ensure the safety of vessels on these navigable 
waters before, during, and after the scheduled fireworks display. 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. 
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.

[[Page 3964]]

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.
    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, 
location, duration, and time-of-year of the safety zone. This safety 
zone will restrict vessel traffic from entering or transiting within a 
one mile area of navigable waterway of the LMR between MM 95.6.0 and 
96.6 AHP in New Orleans, LA. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners 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 (RFA), 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
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 proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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 would not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this 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 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 
Management Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (NEPA) (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 twenty minutes on one mile of navigable waters 
between MM 95.6 and 96.6 AHP of the LMR. 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 (REC) 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 to amend 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T08-0022 to read as follows:


Sec.  165.T08-0022  Safety Zone; Lower Mississippi River, New Orleans, 
LA

    (a) Location. The following area is a safety zone: All navigable 
waters of the

[[Page 3965]]

Lower Mississippi River, New Orleans, LA between mile marker (MM) 95.6 
and MM 96.6 Above Head of Passes.
    (b) Effective period. This section is effective from 10 p.m. 
through 11:20 p.m. on February 3, 2018.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector New Orleans (COTP) or 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector New 
Orleans.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners of any 
changes in the planned schedule.


    Dated: January 22, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-01616 Filed 1-26-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations                                           3963

                                              PART 117—DRAWBRIDGE                                     2018. This rulemaking will prohibit                    from the possible hazards associated
                                              OPERATION REGULATIONS                                   persons and vessels from entering the                  with the fireworks display launched
                                                                                                      safety zone unless authorized by the                   from the waterway. The impacts on
                                              ■ 1. The authority citation for part 117                Captain of the Port Sector New Orleans                 navigation are expected to be minimal
                                              continues to read as follows:                           (COTP) or a designated representative.                 as the safety zone will only be in effect
                                                Authority: 33 U.S.C. 499; 33 CFR 1.05–1;              DATES: This rule is effective from 10                  for a short duration. The Coast Guard
                                              Department of Homeland Security Delegation              p.m. through 11:20 p.m. on February 3,                 will notify the public and maritime
                                              No. 0170.1.                                             2018.                                                  community that the safety zone will be
                                              ■ 2. In § 117.219, paragraph (b) is                     ADDRESSES: Documents mentioned in                      in effect and of its enforcement periods
                                              revised to read as follows:                             this preamble are part of docket USCG–                 via Broadcast Notice to Mariners (BNM)
                                                                                                      2018–0022. To view documents                           and Marine Safety Information Bulletin
                                              § 117.219   Pequonnock River.                                                                                  (MSIB).
                                                                                                      mentioned in this preamble as being
                                              *      *    *     *     *                               available in the docket, go to http://                    Under 5 U.S.C. 553(d)(3), the Coast
                                                 (b) The draw of the Metro-North Peck                 www.regulations.gov, type the docket                   Guard finds that good cause exists for
                                              Bridge at mile 0.3, at Bridgeport shall                 number in the ‘‘SEARCH’’ box and click                 making this rule effective less than 30
                                              operate as follows:                                     ‘‘SEARCH.’’ Click on Open Docket                       days after publication in the Federal
                                                 (1) The draw shall open on signal                    Folder on the line associated with this                Register. Delaying the effective date of
                                              between 5:45 a.m. to 9 p.m. if at least                 rulemaking.                                            this rule would be contrary to the public
                                              four hours advance notice is given;                                                                            interest because the safety zone is
                                                                                                      FOR FURTHER INFORMATION CONTACT: If
                                              except that, from 5:45 a.m. to 9:45 a.m.,                                                                      necessary to respond to potential
                                              and 4 p.m. to 8 p.m., Monday through                    you have questions about this
                                                                                                      rulemaking, call or email Lieutenant                   hazards associated with a fireworks
                                              Friday excluding holidays, the draw                                                                            display.
                                              need not open for the passage of vessel                 Commander (LCDR) Howard K. Vacco,
                                              traffic unless an emergency exists.                     Sector New Orleans, Waterways                          III. Legal Authority and Need for Rule
                                                 (2) From 9 p.m. to 5:45 a.m., the draw               Management Division Chief, U.S. Coast
                                                                                                      Guard; telephone 504–365–2281, email                     The Coast Guard is issuing this rule
                                              shall open on signal if at least an eight                                                                      under authority in 33 U.S.C. 1231. The
                                              hour notice is given.                                   Howard.K.Vacco@uscg.mil.
                                                                                                                                                             Captain of the Port Sector New Orleans
                                                 (3) A delay in opening the draw not                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                             (COTP) has determined that a temporary
                                              to exceed 15 minutes may occur when                     I. Table of Abbreviations                              safety zone is necessary to provide for
                                              a train scheduled to cross the bridge                                                                          the safety of life and vessels transiting
                                              without stopping has entered the                        AHP Above Head of Passes
                                                                                                      BNM Broadcast Notice of Mariners                       the area where the fireworks will be
                                              drawbridge block.                                                                                              launched. The fireworks display is
                                                 (4) Requests for bridge openings may                 CFR Code of Federal Regulations
                                                                                                      COTP Captain of the Port Sector New                    scheduled to take place from 10 p.m.
                                              be made by calling the telephone                          Orleans                                              through 11:20 p.m. on February 3, 2018,
                                              number posted at the bridge.                            DHS Department of Homeland Security                    on the navigable waters of the Lower
                                              *      *    *     *     *                               FR Federal Register                                    Mississippi River at New Orleans, LA.
                                                                                                      LMR Lower Mississippi River
                                                Dated: January 16, 2018.
                                                                                                      MM Mile Marker                                         IV. Discussion of the Rule
                                              S.D. Poulin,                                            MSIB Marine Safety Information Bulletin
                                              Rear Admiral, U. S. Coast Guard,                        NPRM Notice of proposed rulemaking                        This rule establishes a safety zone
                                              Commander, First Coast Guard District.                  § Section                                              from 10 p.m. to 11:20 p.m. on February
                                              [FR Doc. 2018–01605 Filed 1–26–18; 8:45 am]             U.S.C. United States Code                              3, 2018. The safety zone would cover all
                                              BILLING CODE 9110–04–P
                                                                                                                                                             navigable waters of the Lower
                                                                                                      II. Background Information and                         Mississippi River (LMR) between Mile
                                                                                                      Regulatory History                                     Marker (MM) 95.6 and MM 96.6 Above
                                              DEPARTMENT OF HOMELAND                                     The Coast Guard is issuing this                     Head of Passes (AHP) in New Orleans,
                                              SECURITY                                                temporary final rule without prior                     LA. The duration of the zone is
                                                                                                      notice and opportunity to comment                      intended to ensure the safety of vessels
                                              Coast Guard                                             pursuant to authority under section 4(a)               on these navigable waters before,
                                                                                                      of the Administrative Procedure Act                    during, and after the scheduled
                                              33 CFR Part 165                                         (APA) (5 U.S.C. 553(b)). This provision                fireworks display. No vessel or person
                                              [Docket Number USCG–2018–0022]
                                                                                                      authorizes an agency to issue a rule                   will be permitted to enter the safety
                                                                                                      without prior notice and opportunity to                zone without obtaining permission from
                                              RIN 1625–AA00                                           comment when the agency for good                       the COTP or a designated
                                                                                                      cause finds that those procedures are                  representative. A designated
                                              Safety Zone; Lower Mississippi River,                   ‘‘impracticable, unnecessary, or contrary              representative is a commissioned,
                                              New Orleans, LA                                         to the public interest.’’ Under 5 U.S.C.               warrant, or petty officer of the U.S.
                                              AGENCY:    Coast Guard, DHS.                            553(b)(B), the Coast Guard finds that                  Coast Guard assigned to units under the
                                              ACTION:   Temporary final rule.                         good cause exists for not publishing a                 operational control of USCG Sector New
                                                                                                      notice of proposed rulemaking (NPRM)                   Orleans. Vessels requiring entry into
                                              SUMMARY:   The Coast Guard is                           with respect to this rule because it is                this safety zone must request permission
                                              establishing a temporary safety zone for                impracticable. We must establish this                  from the COTP or a designated
sradovich on DSK3GMQ082PROD with RULES




                                              the navigable waters on the Lower                       safety zone by February 3, 2018 and lack               representative. They may be contacted
                                              Mississippi River between mile marker                   sufficient time to provide a reasonable                on VHF–FM Channel 16 or 67. Persons
                                              (MM) 95.6 and MM 96.6 Above Head of                     comment period and then consider                       and vessels permitted to enter this
                                              Passes (AHP). This safety zone is                       those comments before issuing the rule.                safety zone must transit at their slowest
                                              necessary to protect persons and vessels                It is also contrary to the public interest             safe speed and comply with all lawful
                                              from potential safety hazards associated                as it would delay the safety measures                  directions issued by the COTP or the
                                              with a fireworks display on February 3,                 necessary to protect life and property                 designated representative.


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                                              3964              Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations

                                              V. Regulatory Analyses                                  organization, or governmental                          that may result in the expenditure by a
                                                 We developed this rule after                         jurisdiction and you have questions                    State, local, or tribal government, in the
                                              considering numerous statutes and                       concerning its provisions or options for               aggregate, or by the private sector of
                                              Executive Orders related to rulemaking.                 compliance, please contact the person                  $100,000,000 (adjusted for inflation) or
                                              Below we summarize our analyses                         listed in the FOR FURTHER INFORMATION                  more in any one year. Though this rule
                                                                                                      CONTACT section.                                       will not result in such expenditure, we
                                              based on a number of these statutes and
                                                                                                         Small businesses may send comments                  do discuss the effects of this rule
                                              Executive Orders, and we discuss First
                                                                                                      on the actions of Federal employees                    elsewhere in this preamble.
                                              Amendment rights of protestors.
                                                                                                      who enforce, or otherwise determine
                                                 Executive Orders 12866 and 13563                                                                            F. Environment
                                                                                                      compliance with, Federal regulations to
                                              direct agencies to assess the costs and
                                                                                                      the Small Business and Agriculture                       We have analyzed this rule under
                                              benefits of available regulatory
                                                                                                      Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                              alternatives and, if regulation is
                                                                                                      and the Regional Small Business                        Management Directive 023–01, which
                                              necessary, to select regulatory
                                                                                                      Regulatory Fairness Boards. The                        guides the Coast Guard in complying
                                              approaches that maximize net benefits.
                                                                                                      Ombudsman evaluates these actions                      with the National Environmental Policy
                                              Executive Order 13771 directs agencies
                                                                                                      annually and rates each agency’s                       Act of 1969 (NEPA) (42 U.S.C. 4321–
                                              to control regulatory costs through a
                                                                                                      responsiveness to small business. If you               4370f), and have determined that this
                                              budgeting process. This rule has not
                                                                                                      wish to comment on actions by                          action is one of a category of actions that
                                              been designated a ‘‘significant
                                                                                                      employees of the Coast Guard, call 1–                  do not individually or cumulatively
                                              regulatory action,’’ under Executive
                                                                                                      888–REG–FAIR (1–888–734–3247). The                     have a significant effect on the human
                                              Order 12866. Accordingly, this rule has
                                                                                                      Coast Guard will not retaliate against                 environment. This rule involves a safety
                                              not been reviewed by the Office of
                                                                                                      small entities that question or complain               zone lasting one hour and twenty
                                              Management and Budget (OMB), and
                                                                                                      about this rule or any policy or action                minutes on one mile of navigable waters
                                              pursuant to OMB guidance it is exempt
                                                                                                      of the Coast Guard.                                    between MM 95.6 and 96.6 AHP of the
                                              from the requirements of Executive
                                                                                                                                                             LMR. It is categorically excluded from
                                              Order 13771.                                            C. Collection of Information
                                                                                                                                                             further review under paragraph L60(a)
                                                 This regulatory action determination                   This rule would not call for a new                   of Appendix A, Table 1 of DHS
                                              is based on the size, location, duration,               collection of information under the                    Instruction Manual 023–01–001–01,
                                              and time-of-year of the safety zone. This               Paperwork Reduction Act of 1995 (44                    Rev. 01. A Record of Environmental
                                              safety zone will restrict vessel traffic                U.S.C. 3501–3520).                                     Consideration (REC) supporting this
                                              from entering or transiting within a one
                                                                                                      D. Federalism and Indian Tribal                        determination is available in the docket
                                              mile area of navigable waterway of the
                                                                                                      Governments                                            where indicated under ADDRESSES.
                                              LMR between MM 95.6.0 and 96.6 AHP
                                              in New Orleans, LA. Moreover, the                          A rule has implications for federalism              G. Protest Activities
                                              Coast Guard will issue Broadcast Notice                 under Executive Order 13132,                             The Coast Guard respects the First
                                              to Mariners via VHF–FM marine                           Federalism, if it has a substantial direct             Amendment rights of protesters.
                                              channel 16 about the zone, and the rule                 effect on the States, on the relationship              Protesters are asked to contact the
                                              allows vessels to seek permission to                    between the national government and                    person listed in the FOR FURTHER
                                              enter the zone.                                         the States, or on the distribution of                  INFORMATION CONTACT section to
                                              B. Impact on Small Entities                             power and responsibilities among the                   coordinate protest activities so that your
                                                                                                      various levels of government. We have                  message can be received without
                                                 The Regulatory Flexibility Act of 1980               analyzed this rule under that Order and                jeopardizing the safety or security of
                                              (RFA), 5 U.S.C. 601–612, as amended,                    have determined that it is consistent                  people, places, or vessels.
                                              requires Federal agencies to consider                   with the fundamental federalism
                                              the potential impact of regulations on                  principles and preemption requirements                 List of Subjects in 33 CFR Part 165
                                              small entities during rulemaking. The                   described in Executive Order 13132.                      Harbors, Marine safety, Navigation
                                              term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal                (water), Reporting and recordkeeping
                                              businesses, not-for-profit organizations                implications under Executive Order                     requirements, Security measures,
                                              that are independently owned and                        13175, Consultation and Coordination                   Waterways.
                                              operated and are not dominant in their                  with Indian Tribal Governments,                          For the reasons discussed in the
                                              fields, and governmental jurisdictions                  because it does not have a substantial                 preamble, the Coast Guard to amend 33
                                              with populations of less than 50,000.                   direct effect on one or more Indian                    CFR part 165 as follows:
                                              The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the
                                              605(b) that this proposed rule would not                Federal Government and Indian tribes,                  PART 165—REGULATED NAVIGATION
                                              have a significant economic impact on                   or on the distribution of power and                    AREAS AND LIMITED ACCESS AREAS
                                              a substantial number of small entities.                 responsibilities between the Federal
                                                 While some owners or operators of                    Government and Indian tribes. If you                   ■ 1. The authority citation for part 165
                                              vessels intending to transit the safety                 believe this rule has implications for                 continues to read as follows:
                                              zone may be small entities, for the                     federalism or Indian tribes, please                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              reasons stated in section V.A above, this               contact the person listed in the FOR                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              rule will not have a significant                        FURTHER INFORMATION CONTACT section                    Department of Homeland Security Delegation
                                              economic impact on any vessel owner                     above.                                                 No. 0170.1.
sradovich on DSK3GMQ082PROD with RULES




                                              or operator.                                                                                                   ■ 2. Add § 165.T08–0022 to read as
                                                 Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                             follows:
                                              Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                              Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                  § 165.T08–0022 Safety Zone; Lower
                                              we want to assist small entities in                     Federal agencies to assess the effects of              Mississippi River, New Orleans, LA
                                              understanding this proposed rule. If the                their discretionary regulatory actions. In               (a) Location. The following area is a
                                              rule would affect your small business,                  particular, the Act addresses actions                  safety zone: All navigable waters of the


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                                                                Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations                                           3965

                                              Lower Mississippi River, New Orleans,                   DATES:   Effective Date: This final rule is            States then submit these measures and
                                              LA between mile marker (MM) 95.6 and                    effective on January 29, 2018.                         strategies to EPA as requested SIP
                                              MM 96.6 Above Head of Passes.                           ADDRESSES: EPA has established a                       revisions on which EPA must formally
                                                 (b) Effective period. This section is                docket for this action under Docket ID                 act.
                                              effective from 10 p.m. through 11:20                    No. EPA–R01–OAR–2017–0107. SIP                            When these control measures and
                                              p.m. on February 3, 2018.                               materials which are incorporated by                    strategies are approved by EPA, after
                                                 (c) Regulations.                                     reference into 40 CFR part 52 are                      notice and comment rulemaking, they
                                                 (1) In accordance with the general                   available for inspection at the following              are incorporated into the Federally-
                                              regulations in § 165.23 of this part, entry             locations: Environmental Protection                    approved SIP and identified in title 40
                                              into this zone is prohibited unless                     Agency, Region 1, 5 Post Office Square,                of the Code of Federal Regulations, part
                                              specifically authorized by the Captain of               Boston, Massachusetts 02109–3912; and                  52 (Approval and Promulgation of
                                              the Port Sector New Orleans (COTP) or                   the National Archives and Records                      Implementation Plans) (40 CFR part 52).
                                              designated representative. A designated                 Administration (NARA). For                             The actual State regulations approved
                                              representative is a commissioned,                       information on the availability of this                by EPA are not reproduced in their
                                              warrant, or petty officer of the U.S.                   material at NARA, call (202) 741–6030,                 entirety in 40 CFR part 52, but are
                                              Coast Guard assigned to units under the                 or go to: https://www.archives.gov/                    ‘‘incorporated by reference,’’ which
                                              operational control of USCG Sector New                  federal-register/cfr/ibr-locations.html.               means that EPA has approved a given
                                              Orleans.                                                                                                       State regulation with a specific effective
                                                                                                      FOR FURTHER INFORMATION CONTACT:                       date. This format allows both EPA and
                                                 (2) Vessels requiring entry into this
                                                                                                      Ariel Garcia, U.S. Environmental                       the public to know which measures are
                                              safety zone must request permission
                                                                                                      Protection Agency, EPA New England                     contained in a given SIP and to help
                                              from the COTP or a designated
                                                                                                      Regional Office, Office of Ecosystem                   determine whether the State is enforcing
                                              representative. They may be contacted
                                                                                                      Protection, Air Quality Planning Unit, 5               the regulations.
                                              on VHF–FM Channel 16 or 67.
                                                 (3) Persons and vessels permitted to                 Post Office Square—Suite 100, (Mail
                                                                                                      code OEP05–2), Boston, MA 02109–                       C. How the State and EPA Update the
                                              enter this safety zone must transit at                                                                         SIP
                                              their slowest safe speed and comply                     3912, telephone number (617) 918–
                                              with all lawful directions issued by the                1660, fax number (617) 918–0660, email                    The SIP is periodically revised as
                                              COTP or the designated representative.                  garcia.ariel@epa.gov.                                  necessary to address the unique air
                                                 (d) Information broadcasts. The COTP                 SUPPLEMENTARY INFORMATION:                             pollution problems in the State.
                                              or a designated representative will                     Throughout this document whenever                      Therefore, EPA from time to time takes
                                              inform the public through Broadcast                     ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean            action on State SIP submissions
                                              Notices to Mariners of any changes in                   EPA. This supplementary information                    containing new and/or revised
                                              the planned schedule.                                   section is arranged as follows:                        regulations and other materials; if
                                                                                                                                                             approved, they become part of the SIP.
                                                Dated: January 22, 2018.                              Table of Contents                                      On May 22, 1997 (62 FR 27968), EPA
                                              Wayne R. Arguin,                                        I. Background                                          revised the procedures for incorporating
                                              Captain, U.S. Coast Guard, Captain of the                  A. Description of a SIP                             by reference federally approved SIPs, as
                                              Port Sector New Orleans.                                   B. How EPA Enforces SIPs                            a result of consultations between EPA
                                                                                                         C. How the State and EPA Update the SIP             and the Office of the Federal Register
                                              [FR Doc. 2018–01616 Filed 1–26–18; 8:45 am]
                                                                                                         D. How EPA Compiles the SIP                         (OFR).
                                              BILLING CODE 9110–04–P                                     E. How EPA Organizes the SIP Compilation               As a result, EPA began the process of
                                                                                                         F. Where You Can Find a Copy of the SIP
                                                                                                            Compilation
                                                                                                                                                             developing the following: (1) A revised
                                              ENVIRONMENTAL PROTECTION                                   G. The Format of the New Identification of          SIP document for each State that would
                                              AGENCY                                                        Plan Section                                     be incorporated by reference under the
                                                                                                         H. When a SIP Revision Becomes Part of              provisions of title 1 CFR part 51; (2) a
                                              40 CFR Part 52                                                the SIP and Federally Enforceable                revised mechanism for announcing EPA
                                                                                                         I. The Historical Record of SIP Revision            approval of revisions to an applicable
                                              [EPA–R01–OAR–2017–0107; FRL–9972–53-                          Approvals                                        SIP and updating both the IBR
                                              Region 1]                                               II. What is EPA doing in this action?                  document and the CFR; and (3) a
                                                                                                      III. Incorporation by Reference                        revised format of the ‘‘Identification of
                                              Air Plan Approval; Massachusetts;                       IV. Statutory and Executive Order Reviews
                                              Revised Format for Materials Being                                                                             plan’’ sections for each applicable
                                              Incorporated by Reference                               I. Background                                          subpart to reflect these revised IBR
                                                                                                                                                             procedures. The description of the
                                              AGENCY:  Environmental Protection                       A. Description of a SIP
                                                                                                                                                             revised SIP document, IBR procedures,
                                              Agency (EPA).                                             Each State has a SIP containing the                  and ‘‘Identification of plan’’ format are
                                              ACTION: Final rule; administrative                      control measures and strategies to attain              discussed in further detail in the May
                                              change.                                                 and maintain the National Ambient Air                  22, 1997, Federal Register document.
                                                                                                      Quality Standards (NAAQS). The SIP is
                                              SUMMARY:   The Environmental Protection                 extensive, containing such elements as                 D. How EPA Compiles the SIP
                                              Agency (EPA) is revising the format for                 air pollution control regulations,                       The Federally-approved regulations,
                                              materials submitted by the                              emission inventories, monitoring                       source-specific requirements, and
                                              Commonwealth of Massachusetts that                      networks, attainment demonstrations,                   nonregulatory provisions (entirely or
sradovich on DSK3GMQ082PROD with RULES




                                              are incorporated by reference (IBR) into                and enforcement mechanisms.                            portions of) submitted by each State
                                              the Massachusetts State Implementation                                                                         agency and approved by EPA have been
                                              Plan (SIP). The regulations and other                   B. How EPA Enforces SIPs                               organized into a ‘‘SIP compilation.’’ The
                                              materials affected by this format change                  Before formally adopting required                    SIP compilation contains the updated
                                              have all been previously submitted by                   control measures and strategies, each                  regulations, source-specific
                                              Massachusetts and approved by EPA as                    State must provide the public with an                  requirements, and nonregulatory
                                              part of the SIP.                                        opportunity to comment on them. The                    provisions approved by EPA through


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Document Created: 2018-01-27 00:57:58
Document Modified: 2018-01-27 00:57:58
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 10 p.m. through 11:20 p.m. on February 3, 2018.
ContactIf you have questions about this rulemaking, call or email Lieutenant Commander (LCDR) Howard K. Vacco, Sector New Orleans, Waterways Management Division Chief, U.S. Coast Guard; telephone 504-365-2281, email [email protected]
FR Citation83 FR 3963 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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