83_FR_48561 83 FR 48375 - Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA

83 FR 48375 - Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range48375-48377
FR Document2018-20794

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 on October 6, 2018. 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 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48375-48377]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20794]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0619]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above 
Head of Passes, 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 on October 6, 2018. 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 9 p.m. through 10 p.m. on October 6, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://

[[Page 48376]]

www.regulations.gov, type USCG-2018-0619 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 
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
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard was notified that Zito Company, LLC would be 
conducting a fireworks display from 9 p.m. through 10 p.m. on October 
6, 2018. The fireworks are to be launched from a barge on the Lower 
Mississippi River at approximate mile marker (MM) 94.5, above Head of 
Passes, off Algiers Point, New Orleans, LA. Hazards from firework 
displays include discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris. The Captain of the Port Sector New 
Orleans (COTP) has determined that potential hazards associated with 
the fireworks display will be a safety concern for anyone within a one-
mile stretch of the river.
    In response, on July 19, 2018, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Safety Zone; Lower Mississippi 
River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA (83 
FR 34092). 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 August 20, 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 the public interest because immediate 
action is needed to respond to the potential safety 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) is establishing 
a temporary safety zone from 9 p.m. through 10 p.m. on October 6, 2018. 
The safety zone covers all navigable waters of the Lower Mississippi 
River between MM 94 and MM 95, above Head of Passes. The duration of 
the zone is intended to ensure the safety of persons, vessels, and the 
marine environment on these navigable waters before, during, and after 
the scheduled fireworks display.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
July 19, 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 9 p.m. to 10 p.m. on 
October 6, 2018. The safety zone covers all navigable waters of the 
Lower Mississippi River between MM 94 and MM 95, above Head of Passes. 
The duration of the zone is intended to ensure the safety of persons, 
vessels, and the marine environment on these navigable waters before, 
during, and after the scheduled fireworks display.
    No vessel or person is permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector New Orleans. Vessels requiring entry into this safety 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or 67. 
Persons and vessels permitted to enter this safety zone must transit at 
their slowest safe speed and comply with all lawful directions issued 
by the COTP or the designated representative. The COTP or a designated 
representative would 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).This 
regulatory action determination is based on the size and short duration 
of the safety zone, which would impact a one-mile stretch of the Lower 
Mississippi River for one hour on one evening. In addition, vessel 
traffic seeking to transit the area may seek permission from the COTP 
or a designated representative to do so.

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 would not have a significant

[[Page 48377]]

economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule 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 (Public Law 104-121), we want to assist small 
entities in understanding this rule rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it 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 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 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 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 made a determination 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 that would prohibit entry 
on one-mile stretch of the Lower Mississippi River. 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.

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.T08-0619 to read as follows:


Sec.  165.T08-0619  Safety Zone; Lower Mississippi River, Mile Markers 
94 to 95, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River between mile marker (MM) 94 and 
MM 95 above Head of Passes, New Orleans, LA.
    (b) Effective period. This section is effective from 9 p.m. through 
10 p.m. on October 6, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector New Orleans (COTP) or 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector New 
Orleans.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public 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: September 19, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-20794 Filed 9-24-18; 8:45 am]
BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations                                            48375

                                             D&C Yellow No. 8 continues to be                        description and analysis for any                      lenses fluoresce a yellow-green color.
                                             necessary to protect the public health.                 particular objection, you waive the right             The contact lens solution colored with
                                                                                                     to a hearing on the objection.                        D&C Yellow No. 8 is distributed by
                                             V. Public Disclosure
                                                                                                       Any objections received in response                 prescription only and used in
                                               In accordance with § 71.15(a) (21 CFR                 to the regulation may be seen in the                  accordance with the supplied directions
                                             71.15(a)), the petition and the                         Dockets Management Staff office                       for use. Contact lens solutions
                                             documents that we considered and                        between 9 a.m. and 4 p.m., Monday                     containing D&C Yellow No. 8 are
                                             relied upon in reaching our decision to                 through Friday, and will be posted to                 intended for use only for coloring
                                             approve the petition will be made                       the docket at https://                                contact lenses that are worn for
                                             available for public disclosure (see                    www.regulations.gov. We will publish                  infrequent, celebratory occasions, and
                                             ADDRESSES). As provided in § 71.15(b),                  notice of the objections that we have                 not for regular or daily use.
                                             we will delete from the documents any                   received or lack thereof in the Federal                 (2) Authorization for this use shall not
                                             materials that are not available for                    Register.                                             be construed as waiving any of the
                                             public disclosure.                                                                                            requirements of sections 510(k), 515,
                                                                                                     IX. References
                                             VI. Analysis of Environmental Impact                                                                          and 520(g) of the Federal Food, Drug,
                                                                                                       The following references are on                     and Cosmetic Act with respect to the
                                                We previously considered the                         display with the Dockets Management                   contact lens solution in which the color
                                             environmental effects of this rule, as                  Staff (see ADDRESSES) and are available               additive is used.
                                             stated in the May 31, 2017, Federal                     for viewing by interested persons                       (c) Labeling. The label of the color
                                             Register notice of filing for CAP 7C0311                between 9 a.m. and 4 p.m., Monday                     additive shall conform to the
                                             (82 FR 24912). We stated that we had                    through Friday; they are also available               requirements of § 70.25 of this chapter.
                                             determined, under 21 CFR 25.32(l), that                 electronically at https://                              (d) Certification. All batches of D&C
                                             this action ‘‘is of a type that does not                www.regulations.gov.                                  Yellow No. 8 shall be certified in
                                             individually or cumulatively have a                                                                           accordance with regulations in part 80
                                                                                                     1. Memorandum from H. Lee, Chemistry
                                             significant effect on the human                                                                               of this chapter.
                                                                                                         Review Team, Division of Petition
                                             environment’’ such that neither an                          Review, Office of Food Additive Safety
                                             environmental assessment nor an                                                                                 Dated: September 18, 2018.
                                                                                                         (OFAS), CFSAN, FDA to M. Harry,
                                             environmental impact statement is                           Division of Petition Review, OFAS,                Leslie Kux,
                                             required. We have not received any new                      CFSAN, FDA, July 3, 2018.                         Associate Commissioner for Policy.
                                             information or comments that would                      2. Memorandum from A. Khan, Toxicology                [FR Doc. 2018–20767 Filed 9–24–18; 8:45 am]
                                             affect our previous determination.                          Team, Division of Petition Review,                BILLING CODE 4164–01–P
                                                                                                         OFAS, CFSAN, FDA to M. Harry,
                                             VII. Paperwork Reduction Act of 1995                        Division of Petition Review, OFAS,
                                               This final rule contains no collection                    CFSAN, FDA, July 12, 2018.
                                                                                                                                                           DEPARTMENT OF HOMELAND
                                             of information. Therefore, clearance by                 List of Subjects in 21 CFR Part 74                    SECURITY
                                             the Office of Management and Budget
                                             under the Paperwork Reduction Act of                       Color additives, Cosmetics, Drugs.
                                                                                                                                                           Coast Guard
                                             1995 is not required.                                      Therefore, under the Federal Food,
                                                                                                     Drug, and Cosmetic Act and under the                  33 CFR Part 165
                                             VIII. Objections                                        authority delegated to the Commissioner
                                                This rule is effective as shown in the               of the Food and Drugs, 21 CFR part 74                 [Docket Number USCG–2018–0619]
                                             DATES section, except as to any                         is amended as follows:                                RIN 1625–AA00
                                             provisions that may be stayed by the
                                             filing of proper objections. If you will be             PART 74—LISTING OF COLOR                              Safety Zone; Lower Mississippi River,
                                             adversely affected by one or more                       ADDITIVES SUBJECT TO                                  Mile Markers 94 to 95 Above Head of
                                             provisions of this regulation, you may                  CERTIFICATION                                         Passes, New Orleans, LA
                                             file electronic objections to this docket
                                             at https://www.regulations.gov, or                      ■ 1. The authority citation for part 74               AGENCY:    Coast Guard, DHS.
                                             written objections with the Dockets                     continues to read as follows:                         ACTION:   Temporary final rule.
                                             Management Staff (see ADDRESSES). You                     Authority: 21 U.S.C. 321, 341, 342, 343,
                                             must separately number each objection,                  348, 351, 352, 355, 361, 362, 371, 379e.              SUMMARY:   The Coast Guard is
                                             and within each numbered objection                                                                            establishing a temporary safety zone for
                                                                                                     ■ 2. Add § 74.3708 to subpart D to read               certain navigable waters of the Lower
                                             you must specify with particularity the                 as follows:
                                             provision(s) to which you object, and                                                                         Mississippi River. This action is
                                             the grounds for your objection. Within                  § 74.3708    D&C Yellow No. 8.                        necessary to provide for the safety of
                                             each numbered objection, you must                         (a) Identity and specifications. The                persons, vessels, and the marine
                                             specifically state whether you are                      color additive D&C Yellow No. 8 shall                 environment on these navigable waters
                                             requesting a hearing on the particular                  conform in identity and specifications                near New Orleans, LA, during a
                                             provision that you specify in that                      to the requirements of § 74.1708(a)(1)                fireworks display on October 6, 2018.
                                             numbered objection. If you do not                       and (b).                                              This regulation prohibits persons and
                                             request a hearing for any particular                      (b) Uses and restrictions. (1) D&C                  vessels from being in the safety zone
                                             objection, you waive the right to a                     Yellow No. 8 may be safely used for                   unless authorized by the Captain of the
                                             hearing on that objection. If you request               coloring contact lens solution for                    Port Sector New Orleans or a designated
daltland on DSKBBV9HB2PROD with RULES




                                             a hearing, your objection must include                  coloring disposable daily-wear                        representative.
                                             a detailed description and analysis of                  hydrogel-based soft (hydrophilic)                     DATES: This rule is effective from 9 p.m.
                                             the specific factual information you                    contact lenses at a level not to exceed               through 10 p.m. on October 6, 2018.
                                             intend to present in support of the                     0.044 percent in the contact lens                     ADDRESSES: To view documents
                                             objection in the event that a hearing is                solution. Following excitation by                     mentioned in this preamble as being
                                             held. If you do not include such a                      ultraviolet light, the colored contact                available in the docket, go to https://


                                        VerDate Sep<11>2014   16:30 Sep 24, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\25SER1.SGM   25SER1


                                             48376            Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations

                                             www.regulations.gov, type USCG–2018–                    III. Legal Authority and Need for Rule                A. Regulatory Planning and Review
                                             0619 in the ‘‘SEARCH’’ box and click                       The Coast Guard is issuing this rule
                                             ‘‘SEARCH.’’ Click on Open Docket                                                                                 Executive Orders 13563 (‘‘Improving
                                                                                                     under authority in 33 U.S.C. 1231. The                Regulation and Regulatory Review’’)
                                             Folder on the line associated with this                 Captain of the Port Sector New Orleans
                                             rule.                                                                                                         and 12866 (‘‘Regulatory Planning and
                                                                                                     (COTP) is establishing a temporary                    Review’’) direct agencies to assess the
                                             FOR FURTHER INFORMATION CONTACT:   If                   safety zone from 9 p.m. through 10 p.m.               costs and benefits of available regulatory
                                             you have questions about this                           on October 6, 2018. The safety zone                   alternatives and, if regulation is
                                             rulemaking, call or email Lieutenant                    covers all navigable waters of the Lower              necessary, to select regulatory
                                             Commander Benjamin Morgan, Sector                       Mississippi River between MM 94 and                   approaches that maximize net benefits
                                             New Orleans, U.S. Coast Guard;                          MM 95, above Head of Passes. The
                                                                                                                                                           (including potential economic,
                                             telephone 504–365–2281, email                           duration of the zone is intended to
                                                                                                                                                           environmental, public health and safety
                                             Benjamin.P.Morgan@uscg.mil.                             ensure the safety of persons, vessels,
                                                                                                                                                           effects, distributive impacts, and
                                                                                                     and the marine environment on these
                                             SUPPLEMENTARY INFORMATION:                                                                                    equity). Executive Order 13563
                                                                                                     navigable waters before, during, and
                                                                                                                                                           emphasizes the importance of
                                             I. Table of Abbreviations                               after the scheduled fireworks display.
                                                                                                                                                           quantifying both costs and benefits, of
                                             CFR Code of Federal Regulations                         IV. Discussion of Comments, Changes,                  reducing costs, of harmonizing rules,
                                             COTP Captain of the Port Sector New                     and the Rule                                          and of promoting flexibility. Executive
                                               Orleans                                                  As noted above, we received no                     Order 13771 (‘‘Reducing Regulation and
                                             DHS Department of Homeland Security                     comments on our NPRM published on                     Controlling Regulatory Costs’’) directs
                                             FR Federal Register                                     July 19, 2018. There are no changes in                agencies to reduce regulation and
                                             MM Mile marker                                          the regulatory text of this rule from the             control regulatory costs and provides
                                             NPRM Notice of proposed rulemaking                                                                            that ‘‘for every one new regulation
                                                                                                     proposed rule in the NPRM.
                                             § Section                                                                                                     issued, at least two prior regulations be
                                                                                                        This rule establishes a safety zone
                                             U.S.C. United States Code                                                                                     identified for elimination, and that the
                                                                                                     from 9 p.m. to 10 p.m. on October 6,
                                             II. Background, Purpose, and Legal                      2018. The safety zone covers all                      cost of planned regulations be prudently
                                             Basis                                                   navigable waters of the Lower                         managed and controlled through a
                                                                                                     Mississippi River between MM 94 and                   budgeting process.’’
                                                The Coast Guard was notified that                    MM 95, above Head of Passes. The                         The Office of Management and Budget
                                             Zito Company, LLC would be                              duration of the zone is intended to                   (OMB) has not designated this rule a
                                             conducting a fireworks display from 9                   ensure the safety of persons, vessels,                ‘‘significant regulatory action,’’ under
                                             p.m. through 10 p.m. on October 6,                      and the marine environment on these                   section 3(f) of Executive Order 12866.
                                             2018. The fireworks are to be launched                  navigable waters before, during, and                  Accordingly, OMB has not reviewed it.
                                             from a barge on the Lower Mississippi                   after the scheduled fireworks display.                As this rule is not a significant
                                             River at approximate mile marker (MM)                      No vessel or person is permitted to                regulatory action, this rule is exempt
                                             94.5, above Head of Passes, off Algiers                 enter the safety zone without obtaining               from the requirements of Executive
                                             Point, New Orleans, LA. Hazards from                    permission from the COTP or a                         Order 13771. See OMB’s Memorandum
                                             firework displays include discharge of                  designated representative. A designated               ‘‘Guidance Implementing Executive
                                             fireworks, dangerous projectiles, and                   representative is a commissioned,                     Order 13771, Titled ‘Reducing
                                             falling hot embers or other debris. The                 warrant, or petty officer of the U.S.                 Regulation and Controlling Regulatory
                                             Captain of the Port Sector New Orleans                  Coast Guard assigned to units under the               Costs’ ’’ (April 5, 2017).This regulatory
                                             (COTP) has determined that potential                    operational control of USCG Sector New                action determination is based on the
                                             hazards associated with the fireworks                   Orleans. Vessels requiring entry into                 size and short duration of the safety
                                             display will be a safety concern for                    this safety zone must request permission              zone, which would impact a one-mile
                                             anyone within a one-mile stretch of the                 from the COTP or a designated                         stretch of the Lower Mississippi River
                                             river.                                                  representative. They may be contacted                 for one hour on one evening. In
                                                In response, on July 19, 2018, the                   on VHF–FM Channel 16 or 67. Persons                   addition, vessel traffic seeking to transit
                                             Coast Guard published a notice of                       and vessels permitted to enter this                   the area may seek permission from the
                                             proposed rulemaking (NPRM) titled                       safety zone must transit at their slowest
                                                                                                                                                           COTP or a designated representative to
                                             Safety Zone; Lower Mississippi River,                   safe speed and comply with all lawful
                                                                                                                                                           do so.
                                             Mile Markers 94 to 95 Above Head of                     directions issued by the COTP or the
                                             Passes, New Orleans, LA (83 FR 34092).                  designated representative. The COTP or                B. Impact on Small Entities
                                             There we stated why we issued the                       a designated representative would
                                                                                                     inform the public of the enforcement                     The Regulatory Flexibility Act of
                                             NPRM, and invited comments on our                                                                             1980, 5 U.S.C. 601–612, as amended,
                                             proposed regulatory action related to                   times and date for this safety zone
                                                                                                     through Broadcast Notices to Mariners                 requires Federal agencies to consider
                                             this fireworks display. During the                                                                            the potential impact of regulations on
                                             comment period that ended August 20,                    (BNMs), Local Notices to Mariners
                                                                                                     (LNMs), and/or Marine Safety                          small entities during rulemaking. The
                                             2018 we received no comments.                                                                                 term ‘‘small entities’’ comprises small
                                                                                                     Information Broadcasts (MSIBs) as
                                                Under 5 U.S.C. 553(d)(3), the Coast                  appropriate.                                          businesses, not-for-profit organizations
                                             Guard finds that good cause exists for                                                                        that are independently owned and
                                             making this rule effective less than 30                 V. Regulatory Analyses                                operated and are not dominant in their
                                             days after publication in the Federal                     We developed this rule after                        fields, and governmental jurisdictions
daltland on DSKBBV9HB2PROD with RULES




                                             Register. Delaying the effective date of                considering numerous statutes and                     with populations of less than 50,000.
                                             this rule would be contrary to the public               Executive orders related to rulemaking.               The Coast Guard received no comments
                                             interest because immediate action is                    Below we summarize our analyses                       from the Small Business Administration
                                             needed to respond to the potential                      based on a number of these statutes and               on this rulemaking. The Coast Guard
                                             safety hazards associated with the                      Executive orders and we discuss First                 certifies under 5 U.S.C. 605(b) that this
                                             fireworks display.                                      Amendment rights of protestors.                       rule would not have a significant


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                                                              Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations                                            48377

                                             economic impact on a substantial                        principles and preemption requirements                List of Subjects in 33 CFR Part 165
                                             number of small entities.                               described in Executive Order 13132.                     Harbors, Marine safety, Navigation
                                                While some owners or operators of                       Also, this rule does not have tribal               (water), Reporting and recordkeeping
                                             vessels intending to transit the                        implications under Executive Order                    requirements, Security measures,
                                             temporary safety zone may be small                      13175, Consultation and Coordination                  Waterways.
                                             entities, for the reasons stated in section             with Indian Tribal Governments,                         For the reasons discussed in the
                                             V.A above, this rule would not have a                   because it would not have a substantial               preamble, the Coast Guard amends 33
                                             significant economic impact on any                      direct effect on one or more Indian                   CFR part 165 as follows:
                                             vessel owner or operator.                               tribes, on the relationship between the
                                                If you think that your business,                     Federal Government and Indian tribes,                 PART 165—REGULATED NAVIGATION
                                             organization, or governmental                           or on the distribution of power and                   AREAS AND LIMITED ACCESS AREAS
                                             jurisdiction qualifies as a small entity                responsibilities between the Federal
                                             and that this rule would have a                         Government and Indian tribes. If you                  ■ 1. The authority citation for part 165
                                             significant economic impact on it,                      believe this rule has implications for                continues to read as follows:
                                             please submit a comment (see                            federalism or Indian tribes, please                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             ADDRESSES) explaining why you think it                  contact the person listed in the FOR                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             qualifies and how and to what degree                    FURTHER INFORMATION CONTACT section.                  Department of Homeland Security Delegation
                                             this rule would economically affect it.                                                                       No. 0170.1.
                                                                                                     E. Unfunded Mandates Reform Act
                                                Under section 213(a) of the Small                                                                          ■ 2. Add § 165.T08–0619 to read as
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    follows:
                                             Fairness Act of 1996 (Public Law 104–                   of 1995 (2 U.S.C. 1531–1538) requires
                                             121), we want to assist small entities in               Federal agencies to assess the effects of             § 165.T08–0619 Safety Zone; Lower
                                             understanding this rule rule. If the rule               their discretionary regulatory actions. In            Mississippi River, Mile Markers 94 to 95,
                                                                                                     particular, the Act addresses actions                 New Orleans, LA.
                                             would affect your small business,
                                             organization, or governmental                           that may result in the expenditure by a                 (a) Location. The following area is a
                                             jurisdiction and you have questions                     State, local, or tribal government, in the            safety zone: All navigable waters of the
                                             concerning its provisions or options for                aggregate, or by the private sector of                Lower Mississippi River between mile
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              marker (MM) 94 and MM 95 above Head
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                of Passes, New Orleans, LA.
                                             CONTACT section.                                        would not result in such an                              (b) Effective period. This section is
                                                Small businesses may send comments                   expenditure, we do discuss the effects of             effective from 9 p.m. through 10 p.m. on
                                             on the actions of Federal employees                     this rule elsewhere in this preamble.                 October 6, 2018.
                                                                                                                                                              (c) Regulations. (1) In accordance with
                                             who enforce, or otherwise determine                     F. Environment                                        the general regulations in § 165.23, entry
                                             compliance with, Federal regulations to
                                                                                                       We have analyzed this rule under                    into this zone is prohibited unless
                                             the Small Business and Agriculture
                                                                                                     Department of Homeland Security                       specifically authorized by the Captain of
                                             Regulatory Enforcement Ombudsman
                                                                                                     Directive 023–01 and Commandant                       the Port Sector New Orleans (COTP) or
                                             and the Regional Small Business
                                                                                                     Instruction M16475.1D, which guide the                designated representative. A designated
                                             Regulatory Fairness Boards. The
                                                                                                     Coast Guard in complying with the                     representative is a commissioned,
                                             Ombudsman evaluates these actions
                                                                                                     National Environmental Policy Act of                  warrant, or petty officer of the U.S.
                                             annually and rates each agency’s
                                                                                                     1969 (42 U.S.C. 4321–4370f), and have                 Coast Guard assigned to units under the
                                             responsiveness to small business. If you
                                                                                                     made a determination that this action is              operational control of USCG Sector New
                                             wish to comment on actions by
                                                                                                     one of a category of actions that do not              Orleans.
                                             employees of the Coast Guard, call 1–                                                                            (2) Vessels requiring entry into this
                                             888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a
                                                                                                                                                           safety zone must request permission
                                             Coast Guard will not retaliate against                  significant effect on the human
                                                                                                                                                           from the COTP or a designated
                                             small entities that question or complain                environment. This rule involves a safety
                                                                                                                                                           representative. They may be contacted
                                             about this rule or any policy or action                 zone lasting one hour that would
                                                                                                                                                           on VHF–FM Channel 16 or 67.
                                             of the Coast Guard.                                     prohibit entry on one-mile stretch of the
                                                                                                                                                              (3) Persons and vessels permitted to
                                                                                                     Lower Mississippi River. Normally such
                                             C. Collection of Information                                                                                  enter this safety zone must transit at
                                                                                                     actions are categorically excluded from
                                                                                                                                                           their slowest safe speed and comply
                                               This rule would not call for a new                    further review under paragraph L60(a)
                                                                                                                                                           with all lawful directions issued by the
                                             collection of information under the                     of Appendix A, Table 1 of DHS
                                                                                                                                                           COTP or the designated representative.
                                             Paperwork Reduction Act of 1995 (44                     Instruction Manual 023–01–001–01,                        (d) Information broadcasts. The COTP
                                             U.S.C. 3501–3520).                                      Rev. 01. A Record of Environmental                    or a designated representative will
                                                                                                     Consideration supporting this                         inform the public of the enforcement
                                             D. Federalism and Indian Tribal                         determination is available in the docket
                                             Governments                                                                                                   times and date for this safety zone
                                                                                                     where indicated under ADDRESSES.                      through Broadcast Notices to Mariners
                                                A rule has implications for federalism                                                                     (BNMs), Local Notices to Mariners
                                                                                                     G. Protest Activities
                                             under Executive Order 13132,                                                                                  (LNMs), and/or Marine Safety
                                             Federalism, if it has a substantial direct                The Coast Guard respects the First                  Information Broadcasts (MSIBs) as
                                             effect on the States, on the relationship               Amendment rights of protesters.                       appropriate.
                                             between the national government and                     Protesters are asked to contact the
daltland on DSKBBV9HB2PROD with RULES




                                             the States, or on the distribution of                   person listed in the FOR FURTHER                        Dated: September 19, 2018.
                                             power and responsibilities among the                    INFORMATION CONTACT section to                        K.M. Luttrell,
                                             various levels of government. We have                   coordinate protest activities so that your            Captain, U.S. Coast Guard, Captain of the
                                             analyzed this rule under that Order and                 message can be received without                       Port Sector New Orleans.
                                             have determined that it is consistent                   jeopardizing the safety or security of                [FR Doc. 2018–20794 Filed 9–24–18; 8:45 am]
                                             with the fundamental federalism                         people, places, or vessels.                           BILLING CODE 9110–04–P




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Document Created: 2018-09-25 00:22:04
Document Modified: 2018-09-25 00:22:04
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 9 p.m. through 10 p.m. on October 6, 2018.
ContactIf you have questions about this 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 48375 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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