83_FR_45759 83 FR 45584 - Safety Zones; Coast Guard Sector New Orleans Annual and Recurring Safety Zones

83 FR 45584 - Safety Zones; Coast Guard Sector New Orleans Annual and Recurring Safety Zones

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range45584-45587
FR Document2018-19588

The Coast Guard proposes to amend its safety zone regulations for annual events in Coast Guard Sector New Orleans' area of responsibility. This proposed rule would add four new recurring safety zones and amend the location or dates for two events already listed in the table. This action is necessary to protect spectators, participants, and vessels from the hazards associated with annual marine events. This proposed rulemaking would prohibit entry into the safety zones during the events unless authorized by the Captain of the Port Sector New Orleans or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 175 (Monday, September 10, 2018)
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Proposed Rules]
[Pages 45584-45587]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19588]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0736]
RIN 1625-AA00


Safety Zones; Coast Guard Sector New Orleans Annual and Recurring 
Safety Zones

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend its safety zone regulations 
for annual events in Coast Guard Sector New Orleans' area of 
responsibility. This proposed rule would add four new recurring safety 
zones and amend the location or dates for two events already listed in 
the table. This action is necessary to protect spectators, 
participants, and vessels from the hazards associated with annual 
marine events. This proposed rulemaking would prohibit entry into the 
safety zones during the events unless authorized by the Captain of the 
Port Sector New Orleans or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 10, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0736 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

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 504-365-2281, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    The Captain of the Port Sector New Orleans (COTP) proposes to amend 
Table 5 of 33 CFR 165.801 to update the table of annual firework 
displays and other marine events in Coast Guard Sector New Orleans. The 
current list of annual and recurring safety zones in Sector New Orleans 
is published in Table 5 of 33 CFR 165.801. That most recent table was 
created through the interim final rule published on April 22, 2014 (79 
FR 22398). The current Table 5 in 33 CFR 165.801 needs to be amended to 
include new safety zones expected to recur annually and provide new 
information on two existing safety zones.
    The proposed annually recurring safety zones are necessary to 
provide for the safety of life on navigable waters during marine 
events. Based on the nature of these marine events, large numbers of 
participants and spectators, and locations of the events, the COTP has 
determined that the events listed in this proposed rule could pose a 
risk to participants or waterway users if the normal vessel traffic 
were to interfere with the events. Possible hazards include risks of 
injury or death from near or actual contact among participant vessels 
and spectators or mariners traversing through the safety zones. In 
order to protect the safety of all waterway users, including event 
participants and spectators, this proposed rule would establish safety 
zones for the time and location of each marine event.
    This purpose of this proposed rulemaking is to ensure the safety of 
vessels on the navigable waters in the safety zones during the 
scheduled events. Vessels would not be permitted to enter the safety 
zone unless authorized by the COTP or a designated representative. The 
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to amend its safety zone regulations for annual 
events in Coast Guard Sector New Orleans listed in Table 5 of 33 CFR 
165.801. From time to time this section needs to be amended to properly 
reflect recurring safety zones in Sector New Orleans' area of 
responsibility. This rule would add four new recurring safety zones and 
amend the location or dates of two safety zones already listed in the 
current table. Other than the described changes, the regulations of 33 
CFR 165.801 and other provisions in Table 5 of Sec.  165.801 would 
remain unchanged.
    The Coast Guard proposes to revise regulations in Table 5 of 33 CFR 
165.801 by adding four new safety zones. The safety zones being added 
to Table 5 are below:

----------------------------------------------------------------------------------------------------------------
                                                               Sector New Orleans
                Date                      Sponsor/name              location                 Safety zone
----------------------------------------------------------------------------------------------------------------
Saturday before Labor Day..........  Baton Rouge Paddle      Baton Rouge, LA.......  Mississippi River from mile
                                      Club and Muddy water                            marker 215 to 230.4, Baton
                                      Paddle Co./Big River                            Rouge, LA.
                                      Regional.
July 4th...........................  L'Auberge Casino Baton  Baton Rouge, LA.......  Mississippi River from mile
                                      Rouge/July 4th                                  marker 216.0 to 217.5,
                                      Celebration.                                    Baton Rouge, LA.

[[Page 45585]]

 
July 4th...........................  Madisonville Old        Madisonville, LA......  Tchefuncte River, at
                                      Fashion 4th of July.                            approximate position
                                                                                      30[deg]24'11.63'' N
                                                                                      090[deg]09'17.39 W, in
                                                                                      front of the Madisonville
                                                                                      Town Hall.
Weekend before July 4th............  Mandeville July 4th     Mandeville, LA........  Approximately 600' off the
                                      Celebration.                                    shore of the Mandeville
                                                                                      Lakefront 30 21'12.03'' N
                                                                                      90 04'28.95'' W.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard also proposes to revise regulations in Table 5 of 
33 CFR 165.801 by amending two existing safety zones listed in the 
table. The first safety zone to be amended is tiled as St. John the 
Baptist Parish Independence Celebration Fireworks. This safety zone is 
currently listed to occur at the location of mile marker (MM) 175 to MM 
176 on the Lower Mississippi River, above Head of Passes, Reserve, LA. 
This location contains a typo, which the Coast Guard proposes to amend 
to reflect the correct location in Reserve, LA. The second safety zone 
to be amended is titled as Independence Day Celebration, Main Street 
4th of July (Fireworks Display). The date for this safety zone is 
currently listed as 4th of July. The Coast Guard proposes to amend the 
date format to conform to the format of other dates listed in the 
table. The proposed amendments are below:

----------------------------------------------------------------------------------------------------------------
                                                                  Sector New Orleans
               Date                        Sponsor/name                location               Safety zone
----------------------------------------------------------------------------------------------------------------
2. July 3.........................  St. John the Baptist        Reserve, LA..........  Mississippi River from
                                     Parish Independence                                mile marker 137.5 to
                                     Celebration Fireworks.                             138.5, Reserve, LA.
5. July 4.........................  Independence Day            Morgan City, LA......  Morgan City Port Allen
                                     Celebration, Main Street                           Route mile marker 0.0 to
                                     4th of July (Fireworks                             1.0, Morgan City, LA.
                                     Display).
----------------------------------------------------------------------------------------------------------------

    The proposed amendments to these safety zones are necessary to 
ensure the safety of vessels, spectators, and participants during 
annual events taking place on or near the navigable waters in Sector 
New Orleans' area of responsibility. Although this proposed rule would 
be in effect year-round, the specific safety zones listed in Table 5 of 
33 CFR 165.801 would only be enforced during a specified period of time 
coinciding with the happening of the annual events listed. In 
accordance with the regulations listed in 33 CFR 165.801(a)-(d), entry 
into these safety zones would be prohibited unless authorized by the 
COTP or a designated representative. The regulatory text of the 
proposed updates to Table 5 of Sec.  165.801 appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zones. These safety zones are 
limited in size and duration, and are usually positioned away from high 
vessel traffic zones. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zones, and 
the rule would allow vessels to seek permission to enter the zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
proposed safety zones may be small entities, for the reasons stated in 
section IV.A above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and

[[Page 45586]]

the States, or on the distribution of power and responsibilities among 
the various levels of government. We have analyzed this proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this proposed action is one of a category of actions 
that do not individually or cumulatively have a significant effect on 
the human environment. This proposed rule involves the establishment of 
safety zones limiting access to certain areas in Sector New Orleans' 
area of responsibility. Normally such actions are 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 U.S. Coast Guard 
proposes to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. In Sec.  165.801, revise Table 5 to read as follows:

                 Table 5 of Sec.   165.801--Sector New Orleans Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                   Sector New Orleans
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. Monday before Mardi Gras..........  Riverwalk Marketplace/   Mississippi River, New   Mississippi River mile
                                        Lundi Gras Fireworks     Orleans, LA.             marker 93.0 to 96.0,
                                        Display.                                          New Orleans, LA.
2. July 3rd..........................  St. John the Baptist/    Mississippi River,       Mississippi River mile
                                        Independence Day         Reserve, LA.             marker 137.5 to 138.5,
                                        celebration.                                      Reserve, LA.
3. July 4th..........................  Riverfront Marketing     Mississippi River, New   Mississippi River mile
                                        Group/Independence Day   Orleans, LA.             marker 94.3 to 95.3,
                                        Celebration.                                      New Orleans, LA.
4. July 4th..........................  Boomtown Casino/         Harvey Canal, Harvey,    Harvey Canal mile
                                        Independence Day         LA.                      marker 4.0 to 5.0,
                                        Celebration.                                      Harvey, LA.
5. July 4th..........................  Independence Day         Morgan City, LA........  Morgan City Port Allen
                                        Celebration, Main                                 Route mile marker 0.0
                                        Street 4th of July                                to 1.0, Morgan City,
                                        (Fireworks Display).                              LA.
6. July 4th..........................  WBRZ--The Advocate 4th   Baton Rouge, LA........  In the vicinity of the
                                        of July Fireworks                                 USS Kidd, the Lower
                                        Display.                                          Mississippi River from
                                                                                          mile marker 228.8 to
                                                                                          230.0, Baton Rouge,
                                                                                          LA.

[[Page 45587]]

 
7. The Saturday before July 4th or on  Independence Day         Grand Isle, LA.........  500 Foot Radius from
 July 4th if that day is a Saturday.    Celebration/Bridge                                the Pier located at
                                        Side Marine.                                      Bridge Side Marine,
                                                                                          2012 LA Highway 1,
                                                                                          Grand Isle, LA (Lat:
                                                                                          29[deg]12'14'' N;
                                                                                          Long:
                                                                                          090[deg]02'28.47'' W).
8. 1st Weekend of September..........  LA Shrimp and Petroleum  Morgan City, LA........  Atchafalaya River at
                                        Festival Fireworks                                mile marker 118.5,
                                        Display, LA Shrimp and                            Morgan City, LA.
                                        Petroleum Festival and
                                        Fair Association.
9. 1st Weekend in December (Usually    Office of Mayor-         Baton Rouge, LA........  Located on Left
 that Friday, subject to change due     President/Downtown                                Descending Bank, Lower
 to weather).                           Festival of Lights.                               Mississippi River
                                                                                          north of the USS Kidd,
                                                                                          at mile marker 230,
                                                                                          Baton Rouge, LA.
10. December 31st....................  Crescent City Countdown  Mississippi River, New   Mississippi River mile
                                        Club/New Year's          Orleans, LA.             marker 93.5-96.5, New
                                        Celebration.                                      Orleans, LA.
11. December 31st....................  Boomtown Casino/New      Harvey Canal, Harvey,    Harvey Canal mile
                                        Year's Celebration.      LA.                      marker 4.0 to 5.0,
                                                                                          Harvey, LA.
12. July 4th.........................  USS Kidd Veterans        Baton Rouge, LA........  In the vicinity of the
                                        Memorial/Fourth of                                USS Kidd, the Lower
                                        July Star-Spangled                                Mississippi River from
                                        Celebration.                                      mile marker 228.8 to
                                                                                          230.0, Baton Rouge,
                                                                                          LA.
13. Saturday before Labor Day........  Baton Rouge Paddle Club  Baton Rouge, LA........  Mississippi River from
                                        and Muddy water Paddle                            mile marker 215 to
                                        Co./Big River Regional.                           230.4, Baton Rouge, LA
14. July 4th.........................  L'Auberge Casino Baton   Baton Rouge, LA........  Mississippi River from
                                        Rouge/July 4th                                    mile marker 216.0 to
                                        Celebration.                                      217.5, Baton Rouge, LA
15. July 4th.........................  Madisonville Old         Madisonville, LA.......  Tchefuncte River, at
                                        Fashion 4th of July.                              approximate position
                                                                                          30[deg]24'11.63'' N
                                                                                          090[deg]09'17.39 W, in
                                                                                          front of the
                                                                                          Madisonville Town
                                                                                          Hall.
16. Weekend before July 4th..........  Mandeville July 4th      Mandeville, LA.........  Approximately 600' off
                                        Celebration.                                      the shore of the
                                                                                          Mandeville Lakefront
                                                                                          30 21'12.03'' N 90
                                                                                          04'28.95'' W
----------------------------------------------------------------------------------------------------------------


    Dated: August 10, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-19588 Filed 9-7-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                 45584                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules

                                                 FTC Rule 4.9(c), and the General                               necessary to protect spectators,                      expected to recur annually and provide
                                                 Counsel grants that request.                                   participants, and vessels from the                    new information on two existing safety
                                                    Visit the FTC website to read this                          hazards associated with annual marine                 zones.
                                                 NPRM and the news release describing                           events. This proposed rulemaking                         The proposed annually recurring
                                                 it. The FTC Act and other laws that the                        would prohibit entry into the safety                  safety zones are necessary to provide for
                                                 Commission administers permit the                              zones during the events unless                        the safety of life on navigable waters
                                                 collection of public comments to                               authorized by the Captain of the Port                 during marine events. Based on the
                                                 consider and use in this proceeding, as                        Sector New Orleans or a designated                    nature of these marine events, large
                                                 appropriate. The Commission will                               representative. We invite your                        numbers of participants and spectators,
                                                 consider all timely and responsive                             comments on this proposed rulemaking.                 and locations of the events, the COTP
                                                 public comments that it receives on or                         DATES: Comments and related material                  has determined that the events listed in
                                                 before November 5, 2018. For                                   must be received by the Coast Guard on                this proposed rule could pose a risk to
                                                 information on the Commission’s                                or before October 10, 2018.                           participants or waterway users if the
                                                 privacy policy, including routine uses                         ADDRESSES: You may submit comments                    normal vessel traffic were to interfere
                                                 permitted by the Privacy Act, see                              identified by docket number USCG–                     with the events. Possible hazards
                                                 https://www.ftc.gov/site-information/                          2018–0736 using the Federal                           include risks of injury or death from
                                                 privacy-policy.                                                eRulemaking Portal at http://                         near or actual contact among participant
                                                 List of Subjects in 16 CFR Part 18                             www.regulations.gov. See the ‘‘Public                 vessels and spectators or mariners
                                                                                                                Participation and Request for                         traversing through the safety zones. In
                                                   Advertising, Nursery, Trade practices.
                                                                                                                Comments’’ portion of the                             order to protect the safety of all
                                                 PART 18—[REMOVED]                                              SUPPLEMENTARY INFORMATION section for                 waterway users, including event
                                                                                                                further instructions on submitting                    participants and spectators, this
                                                 ■ For the reasons stated in the preamble,                      comments.                                             proposed rule would establish safety
                                                 and under the authority of 15 U.S.C. 45,                       FOR FURTHER INFORMATION CONTACT:   If                 zones for the time and location of each
                                                 the Federal Trade Commission proposes                          you have questions about this proposed                marine event.
                                                 to remove 16 CFR part 18.                                      rulemaking, call or email Lieutenant                     This purpose of this proposed
                                                   By direction of the Commission.                              Commander Benjamin Morgan, Sector                     rulemaking is to ensure the safety of
                                                 Donald S. Clark,                                               New Orleans, U.S. Coast Guard;                        vessels on the navigable waters in the
                                                 Secretary.                                                     telephone 504–365–2281, email                         safety zones during the scheduled
                                                 [FR Doc. 2018–19227 Filed 9–7–18; 8:45 am]                     Benjamin.P.Morgan@uscg.mil.                           events. Vessels would not be permitted
                                                                                                                SUPPLEMENTARY INFORMATION:                            to enter the safety zone unless
                                                 BILLING CODE 6750–01–P
                                                                                                                                                                      authorized by the COTP or a designated
                                                                                                                I. Table of Abbreviations                             representative. The Coast Guard
                                                                                                                CFR Code of Federal Regulations                       proposes this rulemaking under
                                                 DEPARTMENT OF HOMELAND                                                                                               authority in 33 U.S.C. 1231.
                                                                                                                COTP Captain of the Port Sector New
                                                 SECURITY                                                         Orleans
                                                                                                                DHS Department of Homeland Security
                                                                                                                                                                      III. Discussion of Proposed Rule
                                                 Coast Guard                                                    FR Federal Register                                     The COTP proposes to amend its
                                                                                                                NPRM Notice of proposed rulemaking
                                                 33 CFR Part 165                                                                                                      safety zone regulations for annual
                                                                                                                § Section
                                                                                                                U.S.C. United States Code                             events in Coast Guard Sector New
                                                 [Docket Number USCG–2018–0736]                                                                                       Orleans listed in Table 5 of 33 CFR
                                                 RIN 1625–AA00                                                  II. Background, Purpose, and Legal                    165.801. From time to time this section
                                                                                                                Basis                                                 needs to be amended to properly reflect
                                                 Safety Zones; Coast Guard Sector New                              The Captain of the Port Sector New                 recurring safety zones in Sector New
                                                 Orleans Annual and Recurring Safety                            Orleans (COTP) proposes to amend                      Orleans’ area of responsibility. This rule
                                                 Zones                                                          Table 5 of 33 CFR 165.801 to update the               would add four new recurring safety
                                                                                                                table of annual firework displays and                 zones and amend the location or dates
                                                 AGENCY:      Coast Guard, DHS.
                                                                                                                other marine events in Coast Guard                    of two safety zones already listed in the
                                                 ACTION:      Notice of proposed rulemaking.                                                                          current table. Other than the described
                                                                                                                Sector New Orleans. The current list of
                                                 SUMMARY:    The Coast Guard proposes to                        annual and recurring safety zones in                  changes, the regulations of 33 CFR
                                                 amend its safety zone regulations for                          Sector New Orleans is published in                    165.801 and other provisions in Table 5
                                                 annual events in Coast Guard Sector                            Table 5 of 33 CFR 165.801. That most                  of § 165.801 would remain unchanged.
                                                 New Orleans’ area of responsibility.                           recent table was created through the                    The Coast Guard proposes to revise
                                                 This proposed rule would add four new                          interim final rule published on April 22,             regulations in Table 5 of 33 CFR 165.801
                                                 recurring safety zones and amend the                           2014 (79 FR 22398). The current Table                 by adding four new safety zones. The
                                                 location or dates for two events already                       5 in 33 CFR 165.801 needs to be                       safety zones being added to Table 5 are
                                                 listed in the table. This action is                            amended to include new safety zones                   below:

                                                                                                                                      Sector New
                                                                  Date                             Sponsor/name                        Orleans                                      Safety zone
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                                                       location

                                                 Saturday before Labor Day                   Baton Rouge Paddle Club         Baton Rouge, LA ...............   Mississippi River from mile marker 215 to 230.4,
                                                                                               and Muddy water Paddle                                            Baton Rouge, LA.
                                                                                               Co./Big River Regional.
                                                 July 4th ................................   L’Auberge Casino Baton          Baton Rouge, LA ...............   Mississippi River from mile marker 216.0 to 217.5,
                                                                                               Rouge/July 4th Celebra-                                           Baton Rouge, LA.
                                                                                               tion.



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                                                                           Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules                                                  45585

                                                                                                                                      Sector New
                                                                  Date                             Sponsor/name                        Orleans                                         Safety zone
                                                                                                                                       location

                                                 July 4th ................................   Madisonville Old Fashion        Madisonville, LA ................    Tchefuncte     River,   at   approximate   position
                                                                                              4th of July.                                                          30°24′11.63″ N 090°09′17.39 W, in front of the
                                                                                                                                                                    Madisonville Town Hall.
                                                 Weekend before July 4th ....                Mandeville July 4th Cele-       Mandeville, LA ...................   Approximately 600′ off the shore of the Mandeville
                                                                                              bration.                                                              Lakefront 30 21′12.03″ N 90 04′28.95″ W.



                                                    The Coast Guard also proposes to                            location of mile marker (MM) 175 to                        Day Celebration, Main Street 4th of July
                                                 revise regulations in Table 5 of 33 CFR                        MM 176 on the Lower Mississippi                            (Fireworks Display). The date for this
                                                 165.801 by amending two existing safety                        River, above Head of Passes, Reserve,                      safety zone is currently listed as 4th of
                                                 zones listed in the table. The first safety                    LA. This location contains a typo,                         July. The Coast Guard proposes to
                                                 zone to be amended is tiled as St. John                        which the Coast Guard proposes to                          amend the date format to conform to the
                                                 the Baptist Parish Independence                                amend to reflect the correct location in                   format of other dates listed in the table.
                                                 Celebration Fireworks. This safety zone                        Reserve, LA. The second safety zone to                     The proposed amendments are below:
                                                 is currently listed to occur at the                            be amended is titled as Independence

                                                                                                                                               Sector New Orleans
                                                              Date                                     Sponsor/name                                                                        Safety zone
                                                                                                                                                     location

                                                 2. July 3 .......................    St. John the Baptist Parish Independence               Reserve, LA ...............   Mississippi River from mile marker 137.5 to
                                                                                        Celebration Fireworks.                                                               138.5, Reserve, LA.
                                                 5. July 4 .......................    Independence Day Celebration, Main Street              Morgan City, LA .........     Morgan City Port Allen Route mile marker 0.0
                                                                                        4th of July (Fireworks Display).                                                     to 1.0, Morgan City, LA.



                                                   The proposed amendments to these                             been designated a ‘‘significant                            significant economic impact on any
                                                 safety zones are necessary to ensure the                       regulatory action,’’ under Executive                       vessel owner or operator.
                                                 safety of vessels, spectators, and                             Order 12866. Accordingly, the NPRM                            If you think that your business,
                                                 participants during annual events taking                       has not been reviewed by the Office of                     organization, or governmental
                                                 place on or near the navigable waters in                       Management and Budget (OMB), and                           jurisdiction qualifies as a small entity
                                                 Sector New Orleans’ area of                                    pursuant to OMB guidance it is exempt                      and that this rule would have a
                                                 responsibility. Although this proposed                         from the requirements of Executive                         significant economic impact on it,
                                                 rule would be in effect year-round, the                        Order 13771.                                               please submit a comment (see
                                                 specific safety zones listed in Table 5 of                        This regulatory action determination                    ADDRESSES) explaining why you think
                                                 33 CFR 165.801 would only be enforced                          is based on the size, location, and                        it qualifies and how and to what degree
                                                 during a specified period of time                              duration of the safety zones. These                        this rule would economically affect it.
                                                 coinciding with the happening of the                           safety zones are limited in size and                          Under section 213(a) of the Small
                                                 annual events listed. In accordance with                       duration, and are usually positioned                       Business Regulatory Enforcement
                                                 the regulations listed in 33 CFR                               away from high vessel traffic zones.                       Fairness Act of 1996 (Pub. L. 104–121),
                                                 165.801(a)–(d), entry into these safety                        Moreover, the Coast Guard would issue                      we want to assist small entities in
                                                 zones would be prohibited unless                               a Broadcast Notice to Mariners via                         understanding this proposed rule. If the
                                                 authorized by the COTP or a designated                         VHF–FM marine channel 16 about the                         rule would affect your small business,
                                                 representative. The regulatory text of the                     zones, and the rule would allow vessels                    organization, or governmental
                                                 proposed updates to Table 5 of                                 to seek permission to enter the zones.                     jurisdiction and you have questions
                                                 § 165.801 appears at the end of this                           B. Impact on Small Entities                                concerning its provisions or options for
                                                 document.                                                                                                                 compliance, please contact the person
                                                                                                                   The Regulatory Flexibility Act of                       listed in the FOR FURTHER INFORMATION
                                                 IV. Regulatory Analyses                                        1980, 5 U.S.C. 601–612, as amended,                        CONTACT section. The Coast Guard will
                                                   We developed this proposed rule after                        requires Federal agencies to consider                      not retaliate against small entities that
                                                 considering numerous statutes and                              the potential impact of regulations on                     question or complain about this
                                                 Executive orders related to rulemaking.                        small entities during rulemaking. The                      proposed rule or any policy or action of
                                                 Below we summarize our analyses                                term ‘‘small entities’’ comprises small                    the Coast Guard.
                                                 based on a number of these statutes and                        businesses, not-for-profit organizations
                                                 Executive orders and we discuss First                          that are independently owned and                           C. Collection of Information
                                                 Amendment rights of protestors.                                operated and are not dominant in their                       This proposed rule would not call for
                                                                                                                fields, and governmental jurisdictions                     a new collection of information under
                                                 A. Regulatory Planning and Review                              with populations of less than 50,000.                      the Paperwork Reduction Act of 1995
                                                    Executive Orders 12866 and 13563                            The Coast Guard certifies under 5 U.S.C.                   (44 U.S.C. 3501–3520).
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                                                 direct agencies to assess the costs and                        605(b) that this proposed rule would not
                                                 benefits of available regulatory                               have a significant economic impact on                      D. Federalism and Indian Tribal
                                                 alternatives and, if regulation is                             a substantial number of small entities.                    Governments
                                                 necessary, to select regulatory                                   While some owners or operators of                          A rule has implications for federalism
                                                 approaches that maximize net benefits.                         vessels intending to transit the proposed                  under Executive Order 13132,
                                                 Executive Order 13771 directs agencies                         safety zones may be small entities, for                    Federalism, if it has a substantial direct
                                                 to control regulatory costs through a                          the reasons stated in section IV.A above,                  effect on the States, on the relationship
                                                 budgeting process. This NPRM has not                           this proposed rule would not have a                        between the national government and


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                                                 45586                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules

                                                 the States, or on the distribution of                            U.S.C. 4321–4370f), and have made a                         eRulemaking Portal at http://
                                                 power and responsibilities among the                             preliminary determination that this                         www.regulations.gov. If your material
                                                 various levels of government. We have                            proposed action is one of a category of                     cannot be submitted using http://
                                                 analyzed this proposed rule under that                           actions that do not individually or                         www.regulations.gov, contact the person
                                                 Order and have determined that it is                             cumulatively have a significant effect on                   in the FOR FURTHER INFORMATION
                                                 consistent with the fundamental                                  the human environment. This proposed                        CONTACT section of this document for
                                                 federalism principles and preemption                             rule involves the establishment of safety                   alternate instructions.
                                                 requirements described in Executive                              zones limiting access to certain areas in                      We accept anonymous comments. All
                                                 Order 13132.                                                     Sector New Orleans’ area of                                 comments received will be posted
                                                    Also, this proposed rule does not have                        responsibility. Normally such actions                       without change to http://
                                                 tribal implications under Executive                              are categorically excluded from further                     www.regulations.gov and will include
                                                 Order 13175, Consultation and                                    review under paragraph L60(a) of                            any personal information you have
                                                 Coordination with Indian Tribal                                  Appendix A, Table 1 of DHS Instruction                      provided. For more about privacy and
                                                 Governments, because it would not have                           Manual 023–01–001–01, Rev. 01. A
                                                                                                                                                                              the docket, visit http://
                                                 a substantial direct effect on one or                            Record of Environmental Consideration
                                                                                                                                                                              www.regulations.gov/privacyNotice.
                                                 more Indian tribes, on the relationship                          supporting this determination is
                                                 between the Federal Government and                               available in the docket where indicated                        Documents mentioned in this NPRM
                                                 Indian tribes, or on the distribution of                         under ADDRESSES. We seek any                                as being available in the docket, and all
                                                 power and responsibilities between the                           comments or information that may lead                       public comments, will be in our online
                                                 Federal Government and Indian tribes.                            to the discovery of a significant                           docket at http://www.regulations.gov
                                                 If you believe this proposed rule has                            environmental impact from this                              and can be viewed by following that
                                                 implications for federalism or Indian                            proposed rule.                                              website’s instructions. Additionally, if
                                                 tribes, please contact the person listed                                                                                     you go to the online docket and sign up
                                                 in the FOR FURTHER INFORMATION                                   G. Protest Activities                                       for email alerts, you will be notified
                                                 CONTACT section.                                                   The Coast Guard respects the First                        when comments are posted or a final
                                                                                                                  Amendment rights of protesters.                             rule is published.
                                                 E. Unfunded Mandates Reform Act                                  Protesters are asked to contact the
                                                    The Unfunded Mandates Reform Act                              person listed in the FOR FURTHER                            List of Subjects in 33 CFR Part 165
                                                 of 1995 (2 U.S.C. 1531–1538) requires                            INFORMATION CONTACT section to                                Harbors, Marine safety, Navigation
                                                 Federal agencies to assess the effects of                        coordinate protest activities so that your                  (water), Reporting and recordkeeping
                                                 their discretionary regulatory actions. In                       message can be received without                             requirements, Security measures,
                                                 particular, the Act addresses actions                            jeopardizing the safety or security of                      Waterways.
                                                 that may result in the expenditure by a                          people, places, or vessels.
                                                 State, local, or tribal government, in the                                                                                     For the reasons discussed in the
                                                 aggregate, or by the private sector of                           V. Public Participation and Request for                     preamble, the U.S. Coast Guard
                                                 $100,000,000 (adjusted for inflation) or                         Comments                                                    proposes to amend 33 CFR part 165 as
                                                 more in any one year. Though this                                  We view public participation as                           follows:
                                                 proposed rule would not result in such                           essential to effective rulemaking, and
                                                 an expenditure, we do discuss the                                will consider all comments and material                     PART 165—REGULATED NAVIGATION
                                                 effects of this rule elsewhere in this                           received during the comment period.                         AREAS AND LIMITED ACCESS AREAS
                                                 preamble.                                                        Your comment can help shape the
                                                                                                                  outcome of this rulemaking. If you                          ■ 1. The authority citation for part 165
                                                 F. Environment                                                   submit a comment, please include the                        continues to read as follows:
                                                   We have analyzed this proposed rule                            docket number for this rulemaking,                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                 under Department of Homeland                                     indicate the specific section of this                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                 Security Directive 023–01 and                                    document to which each comment                              Department of Homeland Security Delegation
                                                 Commandant Instruction M16475.lD,                                applies, and provide a reason for each                      No. 0170.1.
                                                 which guide the Coast Guard in                                   suggestion or recommendation.
                                                 complying with the National                                        We encourage you to submit                                ■ 2. In § 165.801, revise Table 5 to read
                                                 Environmental Policy Act of 1969 (42                             comments through the Federal                                as follows:

                                                                           TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES
                                                                      Date                                      Sponsor/name                      Sector New Orleans location                            Safety zone

                                                 1. Monday before Mardi Gras ........                 Riverwalk Marketplace/Lundi Gras         Mississippi River, New Orleans,                Mississippi River mile marker 93.0
                                                                                                        Fireworks Display.                       LA.                                            to 96.0, New Orleans, LA.
                                                 2. July 3rd ......................................   St. John the Baptist/Independ-           Mississippi River, Reserve, LA .....           Mississippi River mile marker
                                                                                                        ence Day celebration.                                                                   137.5 to 138.5, Reserve, LA.
                                                 3. July 4th ......................................   Riverfront Marketing Group/Inde-         Mississippi River, New Orleans,                Mississippi River mile marker 94.3
                                                                                                        pendence Day Celebration.                LA.                                            to 95.3, New Orleans, LA.
                                                 4. July 4th ......................................   Boomtown Casino/Independence             Harvey Canal, Harvey, LA ............          Harvey Canal mile marker 4.0 to
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                                                                                                        Day Celebration.                                                                        5.0, Harvey, LA.
                                                 5. July 4th ......................................   Independence Day Celebration,            Morgan City, LA ............................   Morgan City Port Allen Route mile
                                                                                                        Main Street 4th of July (Fire-                                                          marker 0.0 to 1.0, Morgan City,
                                                                                                        works Display).                                                                         LA.
                                                 6. July 4th ......................................   WBRZ—The Advocate 4th of July            Baton Rouge, LA ..........................     In the vicinity of the USS Kidd,
                                                                                                        Fireworks Display.                                                                      the Lower Mississippi River
                                                                                                                                                                                                from mile marker 228.8 to
                                                                                                                                                                                                230.0, Baton Rouge, LA.



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                                                                           Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules                                                           45587

                                                                TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES—Continued
                                                                      Date                                     Sponsor/name                      Sector New Orleans location                             Safety zone

                                                 7. The Saturday before July 4th or                  Independence Day Celebration/            Grand Isle, LA ..............................   500 Foot Radius from the Pier lo-
                                                   on July 4th if that day is a Satur-                 Bridge Side Marine.                                                                      cated at Bridge Side Marine,
                                                   day.                                                                                                                                         2012 LA Highway 1, Grand Isle,
                                                                                                                                                                                                LA (Lat: 29°12′14″ N; Long:
                                                                                                                                                                                                090°02′28.47″ W).
                                                 8. 1st Weekend of September .......                 LA Shrimp and Petroleum Festival         Morgan City, LA ............................    Atchafalaya River at mile marker
                                                                                                       Fireworks Display, LA Shrimp                                                             118.5, Morgan City, LA.
                                                                                                       and Petroleum Festival and Fair
                                                                                                       Association.
                                                 9.     1st Weekend in December                      Office of Mayor-President/Down-          Baton Rouge, LA ..........................      Located on Left Descending
                                                      (Usually that Friday, subject to                 town Festival of Lights.                                                                 Bank, Lower Mississippi River
                                                      change due to weather).                                                                                                                   north of the USS Kidd, at mile
                                                                                                                                                                                                marker 230, Baton Rouge, LA.
                                                 10. December 31st ........................          Crescent City Countdown Club/            Mississippi River, New Orleans,                 Mississippi River mile marker
                                                                                                       New Year’s Celebration.                  LA.                                             93.5–96.5, New Orleans, LA.
                                                 11. December 31st ........................          Boomtown Casino/New Year’s               Harvey Canal, Harvey, LA ............           Harvey Canal mile marker 4.0 to
                                                                                                       Celebration.                                                                             5.0, Harvey, LA.
                                                 12. July 4th ....................................   USS Kidd Veterans Memorial/              Baton Rouge, LA ..........................      In the vicinity of the USS Kidd,
                                                                                                       Fourth of July Star-Spangled                                                             the Lower Mississippi River
                                                                                                       Celebration.                                                                             from mile marker 228.8 to
                                                                                                                                                                                                230.0, Baton Rouge, LA.
                                                 13. Saturday before Labor Day .....                 Baton Rouge Paddle Club and              Baton Rouge, LA ..........................      Mississippi River from mile marker
                                                                                                       Muddy water Paddle Co./Big                                                               215 to 230.4, Baton Rouge, LA
                                                                                                       River Regional.
                                                 14. July 4th ....................................   L’Auberge Casino Baton Rouge/            Baton Rouge, LA ..........................      Mississippi River from mile marker
                                                                                                       July 4th Celebration.                                                                    216.0 to 217.5, Baton Rouge,
                                                                                                                                                                                                LA
                                                 15. July 4th ....................................   Madisonville Old Fashion 4th of          Madisonville, LA ...........................    Tchefuncte River, at approximate
                                                                                                      July.                                                                                     position     30°24′11.63″     N
                                                                                                                                                                                                090°09′17.39 W, in front of the
                                                                                                                                                                                                Madisonville Town Hall.
                                                 16. Weekend before July 4th .........               Mandeville July 4th Celebration ...      Mandeville, LA ..............................   Approximately 600′ off the shore
                                                                                                                                                                                                of the Mandeville Lakefront 30
                                                                                                                                                                                                21′12.03″ N 90 04′28.95″ W



                                                   Dated: August 10, 2018.                                       DATES:  Submit comments on or before                        Background
                                                 K.M. Luttrell,                                                  November 9, 2018.                                              In 2014, the Federal Records Act at 44
                                                 Captain, U.S. Coast Guard, Captain of the                       ADDRESSES: You may submit comments                          U.S.C. 3302 was amended by Public
                                                 Port Sector New Orleans.                                        on this rule, identified by RIN 3095–                       Law 113–87 to require NARA to issue
                                                 [FR Doc. 2018–19588 Filed 9–7–18; 8:45 am]                      AB98, by any of the following methods:                      standards for reproducing records
                                                 BILLING CODE 9110–04–P                                             D Federal eRulemaking Portal: http://                    digitally ‘with a view toward the
                                                                                                                 www.regulations.gov. Follow the                             disposal of original records.’ The
                                                                                                                 instructions for submitting comments.                       amendment applies to both temporary
                                                                                                                    D Email: Regulation_comments@                            and permanent records.
                                                 NATIONAL ARCHIVES AND RECORDS                                   nara.gov. Include RIN 3095–AB98 in the
                                                 ADMINISTRATION                                                                                                                 This rule proposes standards for
                                                                                                                 subject line of the message.                                temporary records so that agencies may
                                                 36 CFR Part 1236                                                   D Mail (for paper, disk, or CD–ROM                       establish appropriate processes for
                                                                                                                 submissions): Send comments to:                             digitizing temporary records. Temporary
                                                 [FDMS No. NARA–18–0003; NARA–2018–                              Regulation Comments Desk (External                          records constitute the majority of
                                                 058]                                                            Policy Program, Strategy & Performance                      Federal records; agencies retain them for
                                                                                                                 Division (MP)); Suite 4100; National                        a specific period of time, as established
                                                 RIN 3095–AB98                                                   Archives and Records Administration;                        by records schedules. At the end of the
                                                                                                                 8601 Adelphi Road; College Park, MD                         scheduled retention period, temporary
                                                 Electronic Records                                              20740–6001.                                                 records are then destroyed. Digitization
                                                                                                                    Hand delivery or courier: Deliver                        standards for temporary records ensure
                                                 AGENCY:  National Archives and Records
                                                                                                                 comments to front desk at 8601 Adelphi                      that agencies can continue to use the
                                                 Administration (NARA).
                                                                                                                 Road, College Park, MD, addressed to:                       digital versions for the same purposes as
                                                 ACTION: Proposed rule.                                          Regulations Comments Desk, External                         the original records for the duration of
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                                                 SUMMARY:  We are revising our electronic                        Policy Program; Suite 4100.                                 that time period.
                                                 records management regulation to                                FOR FURTHER INFORMATION CONTACT:                               This rule would provide agencies
                                                 include standards for digitizing                                Kimberly Keravuori, by email at                             with guidance necessary to proceed
                                                 temporary Federal records so that                               regulation_comments@nara.gov, or by                         with significant digitization and
                                                 agencies may dispose of the original                            telephone at 301–837–3151. Contact                          destruction projects for temporary
                                                 source records, where appropriate and                           acps@nara.gov with any questions on                         records. We are currently developing
                                                 in accordance with the Federal Records                          records management and digitization.                        standards for digitizing permanent
                                                 Act amendments of 2014.                                         SUPPLEMENTARY INFORMATION:                                  records, which we will publish as a


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Document Created: 2018-09-08 00:42:25
Document Modified: 2018-09-08 00:42:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before October 10, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]
FR Citation83 FR 45584 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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