83_FR_40613 83 FR 40455 - Safety Zone; Lower Mississippi River, New Orleans, LA

83 FR 40455 - Safety Zone; Lower Mississippi River, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range40455-40457
FR Document2018-17595

The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Lower Mississippi River. This action is necessary to provide for the safety of persons, vessels, and the marine environment on these navigable waters near New Orleans, LA, during a fireworks display. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New Orleans or a designated representative.

Federal Register, Volume 83 Issue 158 (Wednesday, August 15, 2018)
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Rules and Regulations]
[Pages 40455-40457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17595]



[[Page 40455]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0348]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain navigable waters of the Lower Mississippi River. This action is 
necessary to provide for the safety of persons, vessels, and the marine 
environment on these navigable waters near New Orleans, LA, during a 
fireworks display. This regulation prohibits persons and vessels from 
being in the safety zone unless authorized by the Captain of the Port 
Sector New Orleans or a designated representative.

DATES: This rule is effective from 8:45 p.m. through 10 p.m. on August 
25, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0348 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 rule, 
call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans 
Waterways Management Division, U.S. Coast Guard; telephone 504-365-
2231, email Benjamin.P.Morgan@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On April 9, 2018, AFX Pro, LLC, notified the Coast Guard that it 
would be conducting a fireworks display from 9 p.m. through 10 p.m. on 
August 25, 2018, for the National Guard Association of the United 
States Annual Conference. The fireworks will be launched from a barge 
in the Mississippi River at the approximate mile marker (MM) 96.2 above 
Head of Passes, New Orleans, LA. In response, on May 14, 2018, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Lower Mississippi River, New Orleans, LA (83 FR 22225). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this fireworks display. During 
the comment period that ended June 13, 2018, we received no comments.
    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 public interest because immediate action 
is necessary to protect persons, vessels, and the marine environment 
from the potential hazards associated with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector New Orleans (COTP) has determined 
that potential hazards associated with the fireworks to be used in this 
August 25, 2018 display will be a safety concern for anyone within a 
one-mile section of the river. The purpose of this rule is to ensure 
safety of vessels on the navigable waters in the safety zone before, 
during, and after the fireworks display.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
May 14, 2018. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM.
    This rule establishes a safety zone from 8:45 p.m. through 10 p.m. 
on August 25, 2018. The safety zone will cover all navigable waters on 
the Lower Mississippi River, between mile markers (MMs) 95.7 and 96.7 
above Head of Passes. The duration of the zone is intended to ensure 
the safety of vessels and these navigable waters before, during, and 
after the scheduled 9 p.m. to 10 p.m. 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 or by telephone at (504) 365-2200. Persons and vessels permitted 
to enter this safety zone must transit at their slowest safe speed and 
comply with all lawful directions issued by the COTP or a designated 
representative. The COTP or a designated representative will inform the 
public of the enforcement times and date for this safety zone through 
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), 
and/or Marine Safety Information Broadcasts (MSIBs) as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 13563 (``Improving Regulation and Regulatory 
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs'') directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. As this 
rule is not a significant regulatory action, this rule is exempt from 
the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).

[[Page 40456]]

    This regulatory action determination is based on the size and 
duration of the safety zone. This safety zone is for only one hour and 
fifteen minutes on a one-mile section of the waterway. Moreover, the 
Coast Guard will issue a Broadcast Notice to Mariners (BNM) via VHF-FM 
marine channel 16 about the zone, and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969(42 U.S.C. 4321-4370f), and have determined that this action is one 
of a category of actions that do not individually or cumulatively have 
a significant effect on the human environment. This rule involves a 
safety zone lasting one hour and fifteen minutes that will prohibit 
entry between MM 95.7 and MM 96.7 on the Lower Mississippi River above 
Head of Passes. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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


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


0
2. Add Sec.  165.T08-0348 to read as follows:


Sec.  165.T08-0348  Safety Zone; Lower Mississippi River, New Orleans, 
LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River, New Orleans, LA from mile marker 
(MM) 95.7 to MM 96.7 above Head of Passes.
    (b) Effective period. This section is effective from 8:45 p.m. 
through 10 p.m. on August 25, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port Sector New Orleans (COTP) or designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector New Orleans.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67 or by telephone at (504) 365-2200.

[[Page 40457]]

    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices 
to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs) 
as appropriate.

    Dated: August 10, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-17595 Filed 8-14-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations                                       40455

                                             DEPARTMENT OF HOMELAND                                  Conference. The fireworks will be                     requiring entry into this safety zone
                                             SECURITY                                                launched from a barge in the                          must request permission from the COTP
                                                                                                     Mississippi River at the approximate                  or a designated representative. They
                                             Coast Guard                                             mile marker (MM) 96.2 above Head of                   may be contacted on VHF–FM Channel
                                                                                                     Passes, New Orleans, LA. In response,                 16 or 67 or by telephone at (504) 365–
                                             33 CFR Part 165                                         on May 14, 2018, the Coast Guard                      2200. Persons and vessels permitted to
                                             [Docket Number USCG–2018–0348]
                                                                                                     published a notice of proposed                        enter this safety zone must transit at
                                                                                                     rulemaking (NPRM) titled Safety Zone;                 their slowest safe speed and comply
                                             RIN 1625–AA00                                           Lower Mississippi River, New Orleans,                 with all lawful directions issued by the
                                                                                                     LA (83 FR 22225). There we stated why                 COTP or a designated representative.
                                             Safety Zone; Lower Mississippi River,                   we issued the NPRM, and invited                       The COTP or a designated
                                             New Orleans, LA                                         comments on our proposed regulatory                   representative will inform the public of
                                             AGENCY:    Coast Guard, DHS.                            action related to this fireworks display.             the enforcement times and date for this
                                                                                                     During the comment period that ended                  safety zone through Broadcast Notices to
                                             ACTION:   Temporary final rule.
                                                                                                     June 13, 2018, we received no                         Mariners (BNMs), Local Notices to
                                             SUMMARY:   The Coast Guard is                           comments.                                             Mariners (LNMs), and/or Marine Safety
                                             establishing a temporary safety zone for                   Under 5 U.S.C. 553(d)(3), the Coast                Information Broadcasts (MSIBs) as
                                             certain navigable waters of the Lower                   Guard finds that good cause exists for                appropriate.
                                             Mississippi River. This action is                       making this rule effective less than 30
                                                                                                     days after publication in the Federal                 V. Regulatory Analyses
                                             necessary to provide for the safety of
                                             persons, vessels, and the marine                        Register. Delaying the effective date of                We developed this rule after
                                             environment on these navigable waters                   this rule would be contrary to public                 considering numerous statutes and
                                             near New Orleans, LA, during a                          interest because immediate action is                  Executive orders related to rulemaking.
                                             fireworks display. This regulation                      necessary to protect persons, vessels,                Below we summarize our analyses
                                             prohibits persons and vessels from                      and the marine environment from the                   based on a number of these statutes and
                                             being in the safety zone unless                         potential hazards associated with the                 Executive orders, and we discuss First
                                             authorized by the Captain of the Port                   fireworks display.                                    Amendment rights of protestors.
                                             Sector New Orleans or a designated                      III. Legal Authority and Need for Rule                A. Regulatory Planning and Review
                                             representative.
                                                                                                        The Coast Guard is issuing this rule
                                             DATES: This rule is effective from 8:45                                                                          Executive Orders 13563 (‘‘Improving
                                                                                                     under authority in 33 U.S.C. 1231. The
                                             p.m. through 10 p.m. on August 25,                                                                            Regulation and Regulatory Review’’)
                                                                                                     Captain of the Port Sector New Orleans
                                             2018.                                                                                                         and 12866 (‘‘Regulatory Planning and
                                                                                                     (COTP) has determined that potential
                                                                                                                                                           Review’’) direct agencies to assess the
                                             ADDRESSES:   To view documents                          hazards associated with the fireworks to
                                                                                                                                                           costs and benefits of available regulatory
                                             mentioned in this preamble as being                     be used in this August 25, 2018 display
                                                                                                                                                           alternatives and, if regulation is
                                             available in the docket, go to http://                  will be a safety concern for anyone
                                                                                                                                                           necessary, to select regulatory
                                             www.regulations.gov, type USCG–2018–                    within a one-mile section of the river.
                                                                                                                                                           approaches that maximize net benefits
                                             0348 in the ‘‘SEARCH’’ box and click                    The purpose of this rule is to ensure
                                                                                                                                                           (including potential economic,
                                             ‘‘SEARCH.’’ Click on Open Docket                        safety of vessels on the navigable waters
                                                                                                                                                           environmental, public health and safety
                                             Folder on the line associated with this                 in the safety zone before, during, and
                                                                                                                                                           effects, distributive impacts, and
                                             rule.                                                   after the fireworks display.
                                                                                                                                                           equity). Executive Order 13563
                                             FOR FURTHER INFORMATION CONTACT: If                     IV. Discussion of Comments, Changes,                  emphasizes the importance of
                                             you have questions about this rule, call                and the Rule                                          quantifying both costs and benefits, of
                                             or email Lieutenant Commander                             As noted above, we received no                      reducing costs, of harmonizing rules,
                                             Benjamin Morgan, Sector New Orleans                     comments on our NPRM published on                     and of promoting flexibility. Executive
                                             Waterways Management Division, U.S.                     May 14, 2018. There are no changes in                 Order 13771 (‘‘Reducing Regulation and
                                             Coast Guard; telephone 504–365–2231,                    the regulatory text of this rule from the             Controlling Regulatory Costs’’) directs
                                             email Benjamin.P.Morgan@uscg.mil.                       proposed rule in the NPRM.                            agencies to reduce regulation and
                                             SUPPLEMENTARY INFORMATION:                                This rule establishes a safety zone                 control regulatory costs and provides
                                                                                                     from 8:45 p.m. through 10 p.m. on                     that ‘‘for every one new regulation
                                             I. Table of Abbreviations                                                                                     issued, at least two prior regulations be
                                                                                                     August 25, 2018. The safety zone will
                                             CFR Code of Federal Regulations                         cover all navigable waters on the Lower               identified for elimination, and that the
                                             COTP Captain of the Port Sector New                     Mississippi River, between mile markers               cost of planned regulations be prudently
                                               Orleans                                               (MMs) 95.7 and 96.7 above Head of                     managed and controlled through a
                                             DHS Department of Homeland Security                                                                           budgeting process.’’
                                             FR Federal Register
                                                                                                     Passes. The duration of the zone is
                                             MM Mile marker                                          intended to ensure the safety of vessels                 The Office of Management and Budget
                                             NPRM Notice of proposed rulemaking                      and these navigable waters before,                    (OMB) has not designated this rule a
                                             § Section                                               during, and after the scheduled 9 p.m.                ‘‘significant regulatory action,’’ under
                                             U.S.C. United States Code                               to 10 p.m. fireworks display.                         section 3(f) of Executive Order 12866.
                                                                                                       No vessel or person will be permitted               Accordingly, OMB has not reviewed it.
                                             II. Background Information and                          to enter the safety zone without                      As this rule is not a significant
                                             Regulatory History                                      obtaining permission from the COTP or                 regulatory action, this rule is exempt
daltland on DSKBBV9HB2PROD with RULES




                                               On April 9, 2018, AFX Pro, LLC,                       a designated representative. A                        from the requirements of Executive
                                             notified the Coast Guard that it would                  designated representative is a                        Order 13771. See OMB’s Memorandum
                                             be conducting a fireworks display from                  commissioned, warrant, or petty officer               ‘‘Guidance Implementing Executive
                                             9 p.m. through 10 p.m. on August 25,                    of the U.S. Coast Guard assigned to                   Order 13771, Titled ‘Reducing
                                             2018, for the National Guard                            units under the operational control of                Regulation and Controlling Regulatory
                                             Association of the United States Annual                 USCG Sector New Orleans. Vessels                      Costs’ ’’ (April 5, 2017).


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                                             40456            Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations

                                                This regulatory action determination                 C. Collection of Information                          It is categorically excluded from further
                                             is based on the size and duration of the                  This rule will not call for a new                   review under paragraph L60(a) of
                                             safety zone. This safety zone is for only               collection of information under the                   Appendix A, Table 1 of DHS Instruction
                                             one hour and fifteen minutes on a one-                  Paperwork Reduction Act of 1995 (44                   Manual 023–01–001–01, Rev. 01. A
                                             mile section of the waterway. Moreover,                 U.S.C. 3501–3520).                                    Record of Environmental Consideration
                                             the Coast Guard will issue a Broadcast                                                                        supporting this determination is
                                             Notice to Mariners (BNM) via VHF–FM                     D. Federalism and Indian Tribal                       available in the docket where indicated
                                             marine channel 16 about the zone, and                   Governments                                           under ADDRESSES.
                                             the rule allows vessels to seek                            A rule has implications for federalism             G. Protest Activities
                                             permission to enter the zone.                           under Executive Order 13132,
                                                                                                     Federalism, if it has a substantial direct              The Coast Guard respects the First
                                             B. Impact on Small Entities                                                                                   Amendment rights of protesters.
                                                                                                     effect on the States, on the relationship
                                                The Regulatory Flexibility Act of                    between the national government and                   Protesters are asked to contact the
                                             1980, 5 U.S.C. 601–612, as amended,                     the States, or on the distribution of                 person listed in the FOR FURTHER
                                             requires Federal agencies to consider                   power and responsibilities among the                  INFORMATION CONTACT section to
                                             the potential impact of regulations on                  various levels of government. We have                 coordinate protest activities so that your
                                             small entities during rulemaking. The                   analyzed this rule under that Order and               message can be received without
                                             term ‘‘small entities’’ comprises small                 have determined that it is consistent                 jeopardizing the safety or security of
                                             businesses, not-for-profit organizations                with the fundamental federalism                       people, places or vessels.
                                             that are independently owned and                        principles and preemption requirements
                                                                                                                                                           List of Subjects in 33 CFR Part 165
                                             operated and are not dominant in their                  described in Executive Order 13132.
                                             fields, and governmental jurisdictions                     Also, this rule does not have tribal                 Harbors, Marine safety, Navigation
                                             with populations of less than 50,000.                   implications under Executive Order                    (water), Reporting and recordkeeping
                                             The Coast Guard received no comments                    13175, Consultation and Coordination                  requirements, Security measures,
                                             from the Small Business Administration                  with Indian Tribal Governments,                       Waterways.
                                             on this rulemaking. The Coast Guard                     because it does not have a substantial                  For the reasons discussed in the
                                             certifies under 5 U.S.C. 605(b) that this               direct effect on one or more Indian                   preamble, the Coast Guard amends 33
                                             rule will not have a significant                        tribes, on the relationship between the               CFR part 165 as follows:
                                             economic impact on a substantial                        Federal Government and Indian tribes,
                                             number of small entities.                               or on the distribution of power and                   PART 165—REGULATED NAVIGATION
                                                                                                     responsibilities between the Federal                  AREAS AND LIMITED ACCESS AREAS
                                                While some owners or operators of                    Government and Indian tribes. If you
                                             vessels intending to transit the safety                 believe this rule has implications for                ■ 1. The authority citation for part 165
                                             zone may be small entities, for the                     federalism or Indian tribes, please                   continues to read as follows:
                                             reasons stated in section V.A above, this               contact the person listed in the FOR
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section.
                                                                                                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             economic impact on any vessel owner                                                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             or operator.                                            E. Unfunded Mandates Reform Act                       Department of Homeland Security Delegation
                                                                                                                                                           No. 0170.1.
                                                Under section 213(a) of the Small                      The Unfunded Mandates Reform Act
                                             Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                 ■ 2. Add § 165.T08–0348 to read as
                                             Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of             follows:
                                             we want to assist small entities in                     their discretionary regulatory actions. In
                                                                                                                                                           § 165.T08–0348 Safety Zone; Lower
                                             understanding this rule. If the rule                    particular, the Act addresses actions
                                                                                                                                                           Mississippi River, New Orleans, LA.
                                             would affect your small business,                       that may result in the expenditure by a
                                                                                                     State, local, or tribal government, in the              (a) Location. The following area is a
                                             organization, or governmental                                                                                 safety zone: All navigable waters of the
                                             jurisdiction and you have questions                     aggregate, or by the private sector of
                                                                                                     $100,000,000 (adjusted for inflation) or              Lower Mississippi River, New Orleans,
                                             concerning its provisions or options for                                                                      LA from mile marker (MM) 95.7 to MM
                                             compliance, please contact the person                   more in any one year. Though this rule
                                                                                                     will not result in such an expenditure,               96.7 above Head of Passes.
                                             listed in the FOR FURTHER INFORMATION                                                                            (b) Effective period. This section is
                                                                                                     we do discuss the effects of this rule
                                             CONTACT section.                                                                                              effective from 8:45 p.m. through 10 p.m.
                                                                                                     elsewhere in this preamble.
                                                Small businesses may send comments                                                                         on August 25, 2018.
                                             on the actions of Federal employees                     F. Environment                                           (c) Regulations. (1) In accordance with
                                             who enforce, or otherwise determine                       We have analyzed this rule under                    the general regulations in § 165.23, entry
                                             compliance with, Federal regulations to                 Department of Homeland Security                       into this zone is prohibited unless
                                             the Small Business and Agriculture                      Directive 023–01 and Commandant                       authorized by the Captain of the Port
                                             Regulatory Enforcement Ombudsman                        Instruction M16475.1D, which guide the                Sector New Orleans (COTP) or
                                             and the Regional Small Business                         Coast Guard in complying with the                     designated representative. A designated
                                             Regulatory Fairness Boards. The                         National Environmental Policy Act of                  representative is a commissioned,
                                             Ombudsman evaluates these actions                       1969(42 U.S.C. 4321–4370f), and have                  warrant, or petty officer of the U.S.
                                             annually and rates each agency’s                        determined that this action is one of a               Coast Guard assigned to units under the
                                             responsiveness to small business. If you                category of actions that do not                       operational control of USCG Sector New
                                             wish to comment on actions by                           individually or cumulatively have a                   Orleans.
daltland on DSKBBV9HB2PROD with RULES




                                             employees of the Coast Guard, call 1–                   significant effect on the human                          (2) Vessels requiring entry into this
                                             888–REG–FAIR (1–888–734–3247). The                      environment. This rule involves a safety              safety zone must request permission
                                             Coast Guard will not retaliate against                  zone lasting one hour and fifteen                     from the COTP or a designated
                                             small entities that question or complain                minutes that will prohibit entry between              representative. They may be contacted
                                             about this rule or any policy or action                 MM 95.7 and MM 96.7 on the Lower                      on VHF–FM Channel 16 or 67 or by
                                             of the Coast Guard.                                     Mississippi River above Head of Passes.               telephone at (504) 365–2200.


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                                                              Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations                                      40457

                                               (3) Persons and vessels permitted to                  collection requirements for review and                   Title: Application for Connect
                                             enter this safety zone must transit at                  approval by OMB, as required by the                   America Fund Phase II Auction
                                             their slowest safe speed and comply                     Paperwork Reduction Act (PRA) of                      Support—FCC Form 683.
                                             with all lawful directions issued by the                1995, on June 7, 2018. OMB approved                      Form Number: FCC Form 683.
                                             COTP or the designated representative.                  the new information collection                           Type of Review: New information
                                               (d) Information broadcasts. The COTP                  requirements on July 31, 2018. The                    collection.
                                             or a designated representative will                     information collection requirements are                  Respondents: Business or other for-
                                             inform the public of the enforcement                    contained in the Commission’s Connect                 profit entities, Not-for-profit
                                             times and date for this safety zone                     America Fund Orders, FCC 14–54,                       institutions, and State, Local or Tribal
                                             through Broadcast Notices to Mariners                   published at 79 FR 39164, July 9, 2014,               Governments.
                                             (BNMs), Local Notices to Mariners                       FCC 16–64, published at 81 FR 44414,                     Number of Respondents and
                                             (LNMs), and/or Marine Safety                            July 7, 2016 and FCC 18–5, published at               Responses: 400 respondents; 800
                                             Information Broadcasts (MSIBs) as                       83 FR 15982, April 13, 2018. The OMB                  responses.
                                             appropriate.                                            Control Number is 3060–1256. The                         Estimated Time per Response: 2–12
                                                                                                     Commission publishes this document as                 hours (on average).
                                               Dated: August 10, 2018.                                                                                        Frequency of Response: Annual
                                             K.M. Luttrell,                                          an announcement of the effective date of
                                                                                                     the rules published on July 7, 2016 and               reporting requirements, on occasion
                                             Captain, U.S. Coast Guard, Captain of the                                                                     reporting requirement.
                                             Port Sector New Orleans.                                April 13, 2018. If you have any
                                                                                                                                                              Obligation to Respond: Required to
                                                                                                     comments on the burden estimates
                                             [FR Doc. 2018–17595 Filed 8–14–18; 8:45 am]                                                                   obtain or retain benefits. Statutory
                                                                                                     listed below, or how the Commission
                                             BILLING CODE 9110–04–P                                                                                        authority for this information collection
                                                                                                     can improve the collections and reduce
                                                                                                                                                           47 U.S.C. 154, 254 and 303(r) of the
                                                                                                     any burdens caused thereby, please
                                                                                                                                                           Communications Act of 1934, as
                                                                                                     contact Nicole Ongele, Federal
                                             FEDERAL COMMUNICATIONS                                                                                        amended.
                                                                                                     Communications Commission, Room 1–                       Total Annual Burden: 5,600 hours.
                                             COMMISSION                                              A620, 445 12th Street SW, Washington,                    Total Annual Cost(s): No Cost.
                                             47 CFR Part 54                                          DC 20554. Please include the OMB                         Nature and Extent of Confidentiality:
                                                                                                     Control Number, 3060–1256, in your                    Although most of the information
                                             [WC Docket No. 10–90; FCC 14–54, 16–64,                 correspondence. The Commission will
                                             and 18–5]
                                                                                                                                                           collected in FCC Form 683 will be made
                                                                                                     also accept your comments via email at                available for public inspection, the
                                                                                                     PRA@fcc.gov. To request materials in                  Commission will withhold certain
                                             Connect America Fund                                    accessible formats for people with                    information collected in FCC Form 683
                                             AGENCY:   Federal Communications                        disabilities (Braille, large print,                   from routine public inspection.
                                             Commission.                                             electronic files, audio format), send an              Specifically, the Commission will treat
                                             ACTION: Final rule; announcement of                     email to fcc504@fcc.gov or call the                   certain financial and technical
                                             effective date.                                         Consumer and Governmental Affairs                     information submitted in FCC Form 683
                                                                                                     Bureau at (202) 418–0530 (voice), (202)               as confidential. In addition, an
                                             SUMMARY:   In this document, the Federal                418–0432 (TTY).                                       applicant may use the abbreviated
                                             Communications Commission
                                                                                                     Synopsis                                              process under 47 CFR 0.459(a)(4) to
                                             (Commission) announces that the Office
                                                                                                                                                           request confidential treatment of the
                                             of Management and Budget (OMB) has                        As required by the Paperwork                        audited financial statements that are
                                             approved, for a period of three years, an               Reduction Act of 1995 (44 U.S.C. 3507),               submitted during the post-selection
                                             information collection associated with                  the Commission is notifying the public                review process. However, if a request for
                                             the rules for the Connect America Fund                  that it received OMB approval on July                 public inspection for this technical or
                                             Phase II auction contained in the                       31, 2018, for the information collection              financial information is made under 47
                                             Commission’s Connect America Fund                       requirements contained in 47 CFR                      CFR 0.461, and the applicant has any
                                             Orders, FCC 14–54, FCC 16–64, and                       54.315(b) and (c) and the amendment to                objections to disclosure, the applicant
                                             FCC 18–5. This document is consistent                   47 CFR 54.315(c)(1)(ii) published at 81               will be notified and will be required to
                                             with the Connect America Fund Orders,                   FR 44414, July 7, 2016 and 83 FR 15982,               justify continued confidential treatment.
                                             which stated that the Commission                        April 13, 2018. Under 5 CFR part 1320,                To the extent that an applicant seeks to
                                             would publish a document in the                         an agency may not conduct or sponsor                  have other information collected in FCC
                                             Federal Register announcing the                         a collection of information unless it                 Form 683 or during the post-selection
                                             effective date of the new information                   displays a current, valid OMB Control                 review process withheld from public
                                             collection requirements.                                Number. No person shall be subject to                 inspection, the applicant may request
                                             DATES: The amendment to                                 any penalty for failing to comply with                confidential treatment pursuant to 47
                                             § 54.315(c)(1)(ii) published at 83 FR                   a collection of information subject to the            CFR 0.459.
                                             15982, April 13, 2018 is effective                      Paperwork Reduction Act that does not                    Privacy Act Impact Assessment: No
                                             August 15, 2018.                                        display a current, valid OMB Control                  impact(s).
                                             FOR FURTHER INFORMATION CONTACT:                        Number. The OMB Control Number is                        Needs and Uses: The Commission
                                             Alexander Minard, Wireline                              3060–1256. The foregoing notice is                    will use the information collected under
                                             Competition Bureau at (202) 418–7400                    required by the Paperwork Reduction                   this information collection to determine
                                             or TTY (202) 418–0484. For additional                   Act of 1995, Public Law 104–13,                       whether Connect America Fund Phase II
                                             information concerning the Paperwork                    October 1, 1995, and 44 U.S.C. 3507.                  auction winning bidders are eligible to
daltland on DSKBBV9HB2PROD with RULES




                                             Reduction Act information collection                      The total annual reporting burdens                  receive Phase II auction support. In its
                                             requirements contact Nicole Ongele at                   and costs for the respondents are as                  USF/ICC Transformation Order and
                                             (202) 418–2991 or via email at                          follows:                                              Further Notice of Proposed Rulemaking,
                                             Nicole.Ongele@fcc.gov.                                    OMB Control Number: 3060–1256.                      FCC 11–161, 76 FR 78385, December 16,
                                             SUPPLEMENTARY INFORMATION: The                            OMB Approval Date: July 31, 2018.                   2011, the Commission comprehensively
                                             Commission submitted new information                      OMB Expiration Date: July 31, 2021.                 reformed and modernized the high-cost


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Document Created: 2018-08-15 01:25:17
Document Modified: 2018-08-15 01:25:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:45 p.m. through 10 p.m. on August 25, 2018.
ContactIf you have questions about this rule, call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans Waterways Management Division, U.S. Coast Guard; telephone 504-365- 2231, email [email protected]
FR Citation83 FR 40455 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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