83_FR_40038 83 FR 39882 - Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 Above Head of Passes, New Orleans, LA

83 FR 39882 - Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 Above Head of Passes, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 156 (August 13, 2018)

Page Range39882-39884
FR Document2018-17263

The Coast Guard is establishing a permanent safety zone for the navigable waters of the Lower Mississippi River between mile marker (MM) 94 and MM 97, above Head of Passes. This action is necessary to provide for the safety of life on these navigable waters during firework displays. This regulation prohibits vessels from entering the safety zone before, during, and after the firework displays unless authorized by the Captain of the Port Sector New Orleans or a designated representative.

Federal Register, Volume 83 Issue 156 (Monday, August 13, 2018)
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39882-39884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17263]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0372]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Markers 94 to 97 Above 
Head of Passes, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a permanent safety zone for 
the navigable waters of the Lower Mississippi River between mile marker 
(MM) 94 and MM 97, above Head of Passes. This action is necessary to 
provide for the safety of life on these navigable waters during 
firework displays. This regulation prohibits vessels from entering the 
safety zone before, during, and after the firework displays unless 
authorized by the Captain of the Port Sector New Orleans or a 
designated representative.

DATES: This rule is effective September 12, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0372 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 about this 
proposed rulemaking, call or email Lieutenant Commander Benjamin 
Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2231, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard Captain of the Port Sector New Orleans (COTP) is 
establishing a permanent safety zone on the Lower Mississippi River in 
order to better provide for the safety of life on these navigable 
waters during firework displays. The COTP has determined that a large 
and increasing volume of the firework displays occurring within Sector 
New Orleans' area of responsibility take place at locations between 
mile markers (MMs) 94 and 97 above Head of Passes on the Lower 
Mississippi River. Many of these events recur annually and are listed 
in Table 5 of 33 CFR 165.801 titled Sector New Orleans Annual and 
Recurring Safety Zones. However, a substantial and increasing number of 
these firework displays are one-time events associated with 
conventions, weddings, festivals, etc. By creating a permanent safety 
zone that can be enforced through a notice of enforcement, the COTP can 
more efficiently provide for the safety of life on these navigable 
waters. Therefore, on June 18, 2018, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Safety Zone; Lower Mississippi 
River, Mile Markers 94 to 97 Above Head of Passes, New Orleans, LA (83 
FR 28175). There we stated why we issued the NPRM, and invited comments 
on our proposed regulatory action related to this fireworks display 
safety zone. During the comment period that ended on July 18, 2018, we 
received two comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that a permanent safety zone that can be 
enforced as necessary for fireworks displays will better allow the COTP 
to provide for the safety of life. A large and increasing number of 
marine events has been occurring on the Lower Mississippi River, with 
the bulk of the events occurring within the same three-mile stretch of 
river. This rule allows for more timely and efficient responses to 
these requests and will also greatly reduce the administrative burden 
the COTP encounters with establishing individual safety zones for these 
various events. The purpose of this rulemaking is to ensure the safety 
of life on these navigable waters within this three-mile segment of the 
Lower Mississippi River before, during, and after firework displays. 
Potential hazards associated with firework displays include the 
accidental discharge of fireworks, dangerous projectiles, and falling 
embers and other debris.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published on 
June 18, 2018. One comment was unrelated to the rule. The second 
comment requested that the regulatory text include geographic 
coordinates in degrees-minutes-seconds with an associated horizontal 
datum in order to accurately depict the safety zone boundaries on NOAA 
nautical charts. The Coast Guard agrees that the requested information 
would be helpful for NOAA and the public to identify the boundaries of 
the zone. The regulatory text of this final rule has been updated to 
include this information.
    This rule establishes a permanent safety zone between mile marker 
(MM) 94 (29[deg]57'32'' N, 90[deg]03'05'' W) and MM 97 (29[deg]55'19'' 
N, 90[deg]04'00'' W), NAD83 datum, on the Lower Mississippi River, 
above Head of Passes. While this zone encompasses a three-mile section 
of the waterway, the COTP will limit the enforcement of the zone only 
to the areas necessary for the protection of life on these navigable 
waters before, during, and after firework displays. No vessel or person 
is permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. A designated representative 
means any Coast Guard commissioned, warrant, or petty officer of the 
U.S. Coast Guard assigned to units under the operational control of 
USCG Sector New Orleans. Persons and vessels requiring entry into this 
proposed safety zone must request permission from the COTP or a 
designated representative. They may be contacted on VHF-FM Channel 16 
or 67 or by telephone at (504) 365-2200. Persons and vessels permitted 
to enter the safety zone must transit at their slowest safe speed and 
comply with all lawful directions issued by the COTP or the designated 
representative.
    In accordance with 33 CFR 165.7, for each enforcement of the safety 
zone established under this proposed rule, the COTP will publish a 
notice of enforcement in the Federal Register as early as practicable. 
The COTP or a designated representative will inform

[[Page 39883]]

the public of the enforcement area and period of this safety zone 
through Vessel Traffic Service Advisories, Broadcast Notices to 
Mariners (BNMs), Local Notice 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, 
duration, and location of the safety zone. While this zone would be 
permanent, it would only be enforced on an as needed basis to better 
regulate marine events in the area. This typically encompasses one-hour 
operations for a one-mile portion of the waterway.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    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.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969(42 U.S.C. 4321-4370f), and have determined that this action is one 
of a category of actions that do not individually or cumulatively have 
a significant effect on the human environment. This rule involves 
establishing a safety zone on the Lower Mississippi River, mile marker 
(MM) 94 to MM 97. While this zone will be permanent, it will only be 
subject to enforcement on an as-needed basis. 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.  165.845 above the center heading ``Ninth Coast Guard 
District'' to read as follows:

[[Page 39884]]

Sec.  165.845  Safety Zone; Lower Mississippi River, mile markers 94 to 
97 above Head of Passes, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River, New Orleans, LA from mile marker 
(MM) 94 (29[deg]57'32'' N, 90[deg]03'05'' W) to MM 97 (29[deg]55'19'' 
N, 90[deg]04'00'' W), NAD83 datum, on the Lower Mississippi River, 
above Head of Passes.
    (b) Enforcement period. The safety zone established by this section 
will be enforced only upon notice of the Captain of the Port Sector New 
Orleans (COTP). In accordance with 33 CFR 165.7, for each enforcement 
of a safety zone established under this section, the COTP will publish 
a notice of enforcement in the Federal Register as early as 
practicable. In addition, the COTP will also inform the public of the 
enforcement area and times of this section as indicated in paragraph 
(d) of this section.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited to all 
vessels and persons except vessels authorized by the COTP or designated 
representative. A designated representative means any Coast Guard 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of Sector New Orleans.
    (2) Persons and vessels requiring entry into this safety zone must 
request permission from the COTP or a designated representative. They 
may be contacted on VHF-FM Channel 16 or 67 or by telephone at (504) 
365-2200.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement period of this safety zone 
through Vessel Traffic Service Advisories, Broadcast Notices to 
Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (MSIBs) as appropriate.

    Dated: August 6, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-17263 Filed 8-10-18; 8:45 am]
 BILLING CODE 9110-04-P



                                              39882             Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations

                                              PART 117—DRAWBRIDGE                                     I. Table of Abbreviations                             individual safety zones for these various
                                              OPERATION REGULATIONS                                   CFR Code of Federal Regulations
                                                                                                                                                            events. The purpose of this rulemaking
                                                                                                      COTP Captain of the Port Sector New                   is to ensure the safety of life on these
                                              ■ 1. The authority citation for part 117                  Orleans                                             navigable waters within this three-mile
                                              continues to read as follows:                           DHS Department of Homeland Security                   segment of the Lower Mississippi River
                                                Authority: 33 U.S.C. 499; 33 CFR 1.05–1;              FR Federal Register                                   before, during, and after firework
                                              Department of Homeland Security Delegation              MM Mile Marker                                        displays. Potential hazards associated
                                              No. 0170.1.                                             NPRM Notice of proposed rulemaking                    with firework displays include the
                                                                                                      § Section                                             accidental discharge of fireworks,
                                              § 117.437   [Removed]                                   U.S.C. United States Code                             dangerous projectiles, and falling
                                              ■   2. Remove § 117.437.                                II. Background Information and                        embers and other debris.
                                                Dated: July 30, 2018.                                 Regulatory History                                    IV. Discussion of Comments, Changes,
                                              Paul F. Thomas,                                            The Coast Guard Captain of the Port                and the Rule
                                              Rear Admiral, U.S. Coast Guard, Commander,              Sector New Orleans (COTP) is                            As noted above, we received two
                                              Eighth Coast Guard District.                            establishing a permanent safety zone on               comments on our NPRM published on
                                              [FR Doc. 2018–17271 Filed 8–10–18; 8:45 am]             the Lower Mississippi River in order to               June 18, 2018. One comment was
                                              BILLING CODE 9110–04–P                                  better provide for the safety of life on              unrelated to the rule. The second
                                                                                                      these navigable waters during firework                comment requested that the regulatory
                                                                                                      displays. The COTP has determined that                text include geographic coordinates in
                                              DEPARTMENT OF HOMELAND                                  a large and increasing volume of the                  degrees-minutes-seconds with an
                                              SECURITY                                                firework displays occurring within                    associated horizontal datum in order to
                                                                                                      Sector New Orleans’ area of                           accurately depict the safety zone
                                              Coast Guard                                             responsibility take place at locations                boundaries on NOAA nautical charts.
                                                                                                      between mile markers (MMs) 94 and 97                  The Coast Guard agrees that the
                                              33 CFR Part 165                                         above Head of Passes on the Lower                     requested information would be helpful
                                              [Docket Number USCG–2018–0372]                          Mississippi River. Many of these events               for NOAA and the public to identify the
                                                                                                      recur annually and are listed in Table 5              boundaries of the zone. The regulatory
                                              RIN 1625–AA00                                           of 33 CFR 165.801 titled Sector New                   text of this final rule has been updated
                                                                                                      Orleans Annual and Recurring Safety                   to include this information.
                                              Safety Zone; Lower Mississippi River,
                                                                                                      Zones. However, a substantial and                       This rule establishes a permanent
                                              Mile Markers 94 to 97 Above Head of
                                                                                                      increasing number of these firework                   safety zone between mile marker (MM)
                                              Passes, New Orleans, LA
                                                                                                      displays are one-time events associated               94 (29°57′32″ N, 90°03′05″ W) and MM
                                              AGENCY:    Coast Guard, DHS.                            with conventions, weddings, festivals,                97 (29°55′19″ N, 90°04′00″ W), NAD83
                                              ACTION:   Final rule.                                   etc. By creating a permanent safety zone              datum, on the Lower Mississippi River,
                                                                                                      that can be enforced through a notice of              above Head of Passes. While this zone
                                              SUMMARY:   The Coast Guard is                           enforcement, the COTP can more                        encompasses a three-mile section of the
                                              establishing a permanent safety zone for                efficiently provide for the safety of life            waterway, the COTP will limit the
                                              the navigable waters of the Lower                       on these navigable waters. Therefore, on              enforcement of the zone only to the
                                              Mississippi River between mile marker                   June 18, 2018, the Coast Guard                        areas necessary for the protection of life
                                              (MM) 94 and MM 97, above Head of                        published a notice of proposed                        on these navigable waters before,
                                              Passes. This action is necessary to                     rulemaking (NPRM) titled Safety Zone;                 during, and after firework displays. No
                                              provide for the safety of life on these                 Lower Mississippi River, Mile Markers                 vessel or person is permitted to enter
                                              navigable waters during firework                        94 to 97 Above Head of Passes, New                    the safety zone without obtaining
                                              displays. This regulation prohibits                     Orleans, LA (83 FR 28175). There we                   permission from the COTP or a
                                              vessels from entering the safety zone                   stated why we issued the NPRM, and                    designated representative. A designated
                                              before, during, and after the firework                  invited comments on our proposed                      representative means any Coast Guard
                                              displays unless authorized by the                       regulatory action related to this                     commissioned, warrant, or petty officer
                                              Captain of the Port Sector New Orleans                  fireworks display safety zone. During                 of the U.S. Coast Guard assigned to
                                              or a designated representative.                         the comment period that ended on July                 units under the operational control of
                                              DATES: This rule is effective September                 18, 2018, we received two comments.                   USCG Sector New Orleans. Persons and
                                              12, 2018.                                                                                                     vessels requiring entry into this
                                                                                                      III. Legal Authority and Need for Rule                proposed safety zone must request
                                              ADDRESSES: To view documents
                                                                                                         The Coast Guard is issuing this rule               permission from the COTP or a
                                              mentioned in this preamble as being                     under authority in 33 U.S.C. 1231. The                designated representative. They may be
                                              available in the docket, go to http://                  COTP has determined that a permanent                  contacted on VHF–FM Channel 16 or 67
                                              www.regulations.gov, type USCG–2018–                    safety zone that can be enforced as                   or by telephone at (504) 365–2200.
                                              0372 in the ‘‘SEARCH’’ box and click                    necessary for fireworks displays will                 Persons and vessels permitted to enter
                                              ‘‘SEARCH.’’ Click on Open Docket                        better allow the COTP to provide for the              the safety zone must transit at their
                                              Folder on the line associated with this                 safety of life. A large and increasing                slowest safe speed and comply with all
                                              rule.                                                   number of marine events has been                      lawful directions issued by the COTP or
                                              FOR FURTHER INFORMATION CONTACT: If                     occurring on the Lower Mississippi                    the designated representative.
sradovich on DSK3GMQ082PROD with RULES




                                              you have questions about this proposed                  River, with the bulk of the events                      In accordance with 33 CFR 165.7, for
                                              rulemaking, call or email Lieutenant                    occurring within the same three-mile                  each enforcement of the safety zone
                                              Commander Benjamin Morgan, Sector                       stretch of river. This rule allows for                established under this proposed rule,
                                              New Orleans, U.S. Coast Guard;                          more timely and efficient responses to                the COTP will publish a notice of
                                              telephone 504–365–2231, email                           these requests and will also greatly                  enforcement in the Federal Register as
                                              Benjamin.P.Morgan@uscg.mil.                             reduce the administrative burden the                  early as practicable. The COTP or a
                                              SUPPLEMENTARY INFORMATION:                              COTP encounters with establishing                     designated representative will inform


                                         VerDate Sep<11>2014   16:02 Aug 10, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\13AUR1.SGM   13AUR1


                                                                Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations                                          39883

                                              the public of the enforcement area and                  would affect your small business,                     that may result in the expenditure by a
                                              period of this safety zone through Vessel               organization, or governmental                         State, local, or tribal government, in the
                                              Traffic Service Advisories, Broadcast                   jurisdiction and you have questions                   aggregate, or by the private sector of
                                              Notices to Mariners (BNMs), Local                       concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                              Notice to Mariners (LNMs), and/or                       compliance, please contact the person                 more in any one year. Though this rule
                                              Marine Safety Information Bulletins                     listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                              (MSIBs) as appropriate.                                 CONTACT section.                                      we do discuss the effects of this rule
                                                                                                         Small businesses may send comments                 elsewhere in this preamble.
                                              V. Regulatory Analyses                                  on the actions of Federal employees
                                                We developed this rule after                          who enforce, or otherwise determine                   F. Environment
                                              considering numerous statutes and                       compliance with, Federal regulations to                 We have analyzed this rule under
                                              Executive orders related to rulemaking.                 the Small Business and Agriculture                    Department of Homeland Security
                                              Below we summarize our analyses                         Regulatory Enforcement Ombudsman                      Directive 023–01 and Commandant
                                              based on a number of these statutes and                 and the Regional Small Business                       Instruction M16475.1D, which guide the
                                              Executive orders, and we discuss First                  Regulatory Fairness Boards. The                       Coast Guard in complying with the
                                              Amendment rights of protestors.                         Ombudsman evaluates these actions                     National Environmental Policy Act of
                                              A. Regulatory Planning and Review                       annually and rates each agency’s                      1969(42 U.S.C. 4321–4370f), and have
                                                                                                      responsiveness to small business. If you              determined that this action is one of a
                                                 Executive Orders 12866 and 13563                     wish to comment on actions by                         category of actions that do not
                                              direct agencies to assess the costs and                 employees of the Coast Guard, call 1–                 individually or cumulatively have a
                                              benefits of available regulatory                        888–REG–FAIR (1–888–734–3247). The                    significant effect on the human
                                              alternatives and, if regulation is                      Coast Guard will not retaliate against                environment. This rule involves
                                              necessary, to select regulatory                         small entities that question or complain              establishing a safety zone on the Lower
                                              approaches that maximize net benefits.                  about this rule or any policy or action               Mississippi River, mile marker (MM) 94
                                              Executive Order 13771 directs agencies                  of the Coast Guard.                                   to MM 97. While this zone will be
                                              to control regulatory costs through a                                                                         permanent, it will only be subject to
                                              budgeting process. This rule has not                    C. Collection of Information
                                                                                                                                                            enforcement on an as-needed basis. It is
                                              been designated a ‘‘significant                           This rule will not call for a new                   categorically excluded from further
                                              regulatory action,’’ under Executive                    collection of information under the                   review under paragraph L60(a) of
                                              Order 12866. Accordingly, this rule has                 Paperwork Reduction Act of 1995 (44                   Appendix A, Table 1 of DHS Instruction
                                              not been reviewed by the Office of                      U.S.C. 3501–3520).                                    Manual 023–01–001–01, Rev. 01. A
                                              Management and Budget (OMB), and                                                                              Record of Environmental Consideration
                                              pursuant to OMB guidance it is exempt                   D. Federalism and Indian Tribal
                                                                                                      Governments                                           supporting this determination is
                                              from the requirements of Executive                                                                            available in the docket where indicated
                                              Order 13771.                                               A rule has implications for federalism
                                                                                                                                                            under ADDRESSES.
                                                 This regulatory action determination                 under Executive Order 13132,
                                              is based on the size, duration, and                     Federalism, if it has a substantial direct            G. Protest Activities
                                              location of the safety zone. While this                 effect on the States, on the relationship
                                                                                                                                                              The Coast Guard respects the First
                                              zone would be permanent, it would                       between the national government and
                                                                                                                                                            Amendment rights of protesters.
                                              only be enforced on an as needed basis                  the States, or on the distribution of
                                                                                                                                                            Protesters are asked to contact the
                                              to better regulate marine events in the                 power and responsibilities among the
                                                                                                                                                            person listed in the FOR FURTHER
                                              area. This typically encompasses one-                   various levels of government. We have
                                                                                                                                                            INFORMATION CONTACT section to
                                              hour operations for a one-mile portion                  analyzed this rule under that Order and
                                                                                                                                                            coordinate protest activities so that your
                                              of the waterway.                                        have determined that it is consistent
                                                                                                                                                            message can be received without
                                                                                                      with the fundamental federalism
                                              B. Impact on Small Entities                                                                                   jeopardizing the safety or security of
                                                                                                      principles and preemption requirements
                                                 The Regulatory Flexibility Act of                                                                          people, places or vessels.
                                                                                                      described in Executive Order 13132.
                                              1980, 5 U.S.C. 601–612, as amended,                        Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                              requires Federal agencies to consider                   implications under Executive Order
                                              the potential impact of regulations on                  13175, Consultation and Coordination                    Harbors, Marine safety, Navigation
                                              small entities during rulemaking. The                   with Indian Tribal Governments,                       (water), Reporting and recordkeeping
                                              term ‘‘small entities’’ comprises small                 because it does not have a substantial                requirements, Security measures,
                                              businesses, not-for-profit organizations                direct effect on one or more Indian                   Waterways.
                                              that are independently owned and                        tribes, on the relationship between the                 For the reasons discussed in the
                                              operated and are not dominant in their                  Federal Government and Indian tribes,                 preamble, the Coast Guard amends 33
                                              fields, and governmental jurisdictions                  or on the distribution of power and                   CFR part 165 as follows:
                                              with populations of less than 50,000.                   responsibilities between the Federal
                                              The Coast Guard received no comments                    Government and Indian tribes. If you                  PART 165—REGULATED NAVIGATION
                                              from the Small Business Administration                  believe this rule has implications for                AREAS AND LIMITED ACCESS AREAS
                                              on this rulemaking. The Coast Guard                     federalism or Indian tribes, please
                                              certifies under 5 U.S.C. 605(b) that this                                                                     ■ 1. The authority citation for part 165
                                                                                                      contact the person listed in the FOR
                                              rule will not have a significant                                                                              continues to read as follows:
                                                                                                      FURTHER INFORMATION CONTACT section.
sradovich on DSK3GMQ082PROD with RULES




                                              economic impact on a substantial                                                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              number of small entities.                               E. Unfunded Mandates Reform Act                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                 Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                    Department of Homeland Security Delegation
                                              Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                 No. 0170.1.
                                              Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of             ■ 2. Add § 165.845 above the center
                                              we want to assist small entities in                     their discretionary regulatory actions. In            heading ‘‘Ninth Coast Guard District’’ to
                                              understanding this rule. If the rule                    particular, the Act addresses actions                 read as follows:


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                                              39884             Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations

                                              § 165.845 Safety Zone; Lower Mississippi                DEPARTMENT OF HOMELAND                                without prior notice and opportunity to
                                              River, mile markers 94 to 97 above Head of              SECURITY                                              comment when the agency for good
                                              Passes, New Orleans, LA.                                                                                      cause finds that those procedures are
                                                (a) Location. The following area is a                 Coast Guard                                           ‘‘impracticable, unnecessary, or contrary
                                              safety zone: All navigable waters of the                                                                      to the public interest.’’ Under 5 U.S.C.
                                                                                                      33 CFR Part 165                                       553(b)(3)(B), the Coast Guard finds that
                                              Lower Mississippi River, New Orleans,
                                                                                                                                                            good cause exists for not publishing a
                                              LA from mile marker (MM) 94                             [Docket Number USCG–2018–0718]
                                                                                                                                                            notice of proposed rulemaking (NPRM)
                                              (29°57′32″ N, 90°03′05″ W) to MM 97                     RIN 1625–AA00                                         with respect to this rule because it is
                                              (29°55′19″ N, 90°04′00″ W), NAD83                                                                             impracticable. This safety zone must be
                                              datum, on the Lower Mississippi River,                  Safety Zone; Allegheny River, Miles                   established by August 17, 2018 and we
                                              above Head of Passes.                                   43.5 to 45.5, Kittanning, PA                          lack sufficient time to provide a
                                                (b) Enforcement period. The safety                    AGENCY:    Coast Guard, DHS.                          reasonable comment period and then
                                              zone established by this section will be                                                                      consider those comments before issuing
                                                                                                      ACTION:   Temporary final rule.                       this rule. The NPRM process would
                                              enforced only upon notice of the
                                              Captain of the Port Sector New Orleans                  SUMMARY:   The Coast Guard is                         delay the establishment of the safety
                                              (COTP). In accordance with 33 CFR                       establishing a temporary safety zone for              zone until after the date of the boat race
                                              165.7, for each enforcement of a safety                 all navigable waters of the Allegheny                 and compromise public safety.
                                              zone established under this section, the                                                                         Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                      River, extending the entire width of the
                                              COTP will publish a notice of                                                                                 Guard finds that good cause exists for
                                                                                                      river, from mile marker (MM) 43.5 to
                                                                                                                                                            making this rule effective less than 30
                                              enforcement in the Federal Register as                  MM 45.5. This safety zone is necessary
                                                                                                                                                            days after publication in the Federal
                                              early as practicable. In addition, the                  to protect persons, property, and the
                                                                                                                                                            Register. Delaying this rule would be
                                              COTP will also inform the public of the                 marine environment from potential
                                                                                                                                                            contrary to the public interest because
                                              enforcement area and times of this                      hazards associated with a boat race.
                                                                                                                                                            immediate action is necessary to
                                              section as indicated in paragraph (d) of                Entry of persons or vessels into this
                                                                                                                                                            respond to the potential safety hazards
                                              this section.                                           zone is prohibited unless authorized by
                                                                                                                                                            associated with this boat race.
                                                                                                      the Captain of the Port Marine Safety
                                                (c) Regulations. (1) In accordance with                                                                     III. Legal Authority and Need for Rule
                                                                                                      Unit Pittsburgh or a designated
                                              the general regulations in § 165.23 of                  representative.
                                              this part, entry into this zone is                                                                               The Coast Guard is issuing this rule
                                              prohibited to all vessels and persons                   DATES: This rule is effective each day                under authority in 33 U.S.C. 1231. The
                                              except vessels authorized by the COTP                   from 9 a.m. to 8 p.m. from August 17,                 Captain of the Port Marine Safety Unit
                                                                                                      2018, through August 19, 2018.                        Pittsburgh (COTP) has determined that
                                              or designated representative. A
                                                                                                      ADDRESSES: To view documents                          potential hazards associated with this
                                              designated representative means any                                                                           boat race will be a safety hazard for
                                              Coast Guard commissioned, warrant, or                   mentioned in this preamble as being
                                                                                                      available in the docket, go to http://                anyone within a two-mile stretch of the
                                              petty officer of the U.S. Coast Guard                                                                         Allegheny River. The rule is needed to
                                              assigned to units under the operational                 www.regulations.gov, type USCG–2018–
                                                                                                      0718 in the ‘‘SEARCH’’ box and click                  protect persons, property, and the
                                              control of Sector New Orleans.                                                                                marine environment in the navigable
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket
                                                (2) Persons and vessels requiring                     Folder on the line associated with this               waters within the safety zone before,
                                              entry into this safety zone must request                rule.                                                 during, and after the boat race.
                                              permission from the COTP or a                                                                                 IV. Discussion of the Rule
                                                                                                      FOR FURTHER INFORMATION CONTACT: If
                                              designated representative. They may be                  you have questions on this rule, call or
                                              contacted on VHF–FM Channel 16 or 67                                                                             This rule establishes a safety zone
                                                                                                      email Petty Officer Charles Morris,                   from 9 a.m. on August 17, 2018 through
                                              or by telephone at (504) 365–2200.                      Marine Safety Unit Pittsburgh, U.S.                   8 p.m. on August 19, 2018. The safety
                                                (3) Persons and vessels permitted to                  Coast Guard; telephone 412–221–0807,                  zone will be enforced each day during
                                              enter this safety zone must transit at                  email Charles.F.Morris@uscg.mil.                      the effective period from 9 a.m. through
                                              their slowest safe speed and comply                     SUPPLEMENTARY INFORMATION:                            8 p.m. The safety zone will cover all
                                              with all lawful directions issued by the                                                                      navigable waters of the Allegheny River,
                                              COTP or the designated representative.                  I. Table of Abbreviations
                                                                                                                                                            extending the entire width of the river,
                                                (d) Information broadcasts. The COTP                  CFR Code of Federal Regulations                       from mile marker (MM) 43.5 to MM
                                                                                                      COTP Captain of the Port Marine Safety                45.5. The duration of the zone is
                                              or a designated representative will                       Unit Pittsburgh
                                              inform the public of the enforcement                                                                          intended to protect personnel, vessels,
                                                                                                      DHS Department of Homeland Security                   and the marine environment in these
                                              period of this safety zone through Vessel               FR Federal Register
                                              Traffic Service Advisories, Broadcast                   MM Mile marker
                                                                                                                                                            navigable waters before, during, and
                                                                                                      NPRM Notice of proposed rulemaking                    after the boat race. No vessel or person
                                              Notices to Mariners (BNMs), Local
                                                                                                      § Section                                             will be permitted to enter the safety
                                              Notice to Mariners (LNMs), and/or
                                                                                                      U.S.C. United States Code                             zone without obtaining permission from
                                              Marine Safety Information Bulletins                                                                           the COTP or a designated
                                              (MSIBs) as appropriate.                                 II. Background Information and                        representative. A designated
                                                Dated: August 6, 2018.                                Regulatory History                                    representative is a commissioned,
sradovich on DSK3GMQ082PROD with RULES




                                              K.M. Luttrell,                                            The Coast Guard is issuing this                     warrant, or petty officer of the U.S.
                                              Captain, U.S. Coast Guard, Captain of the               temporary rule without prior notice and               Coast Guard assigned to units under the
                                              Port Sector New Orleans.                                opportunity to comment pursuant to                    operational control of USCG Marine
                                              [FR Doc. 2018–17263 Filed 8–10–18; 8:45 am]
                                                                                                      authority under section 4(a) of the                   Safety Unit Pittsburgh. Persons and
                                                                                                      Administrative Procedure Act (APA) (5                 vessels seeking entry into this safety
                                              BILLING CODE 9110–04–P
                                                                                                      U.S.C. 553(b)). This provision                        zone must request permission from the
                                                                                                      authorizes an agency to issue a rule                  COTP or a designated representative.


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Document Created: 2018-08-11 00:27:37
Document Modified: 2018-08-11 00:27:37
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
ActionFinal rule.
DatesThis rule is effective September 12, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2231, email [email protected]
FR Citation83 FR 39882 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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