Safety Zone; Mississippi River; New Orleans, LA, 36333-36335 [2017-16436]
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Federal Register / Vol. 82, No. 149 / Friday, August 4, 2017 / Rules and Regulations
deviation to cancel the dates before
August 15, 2017, and extend the dates
from 6 a.m. on August 16, 2017 to 6
p.m. on September 20, 2017; and from
6 a.m. on October 9, 2017, to 6 p.m. on
November 13, 2017, in order to
complete installation and test new
equipment after delays with work
contracts to the bridge deck.
The Broadway Bridge crosses the
Willamette River at mile 11.7, and
provides 90 feet of vertical clearance
above Columbia River Datum 0.0 while
in the closed-to-navigation position, and
provides 125 feet of horizontal clearance
with half the span open. The subject
bridge operates in accordance with 33
CFR 117.897. This modified deviation
allows the double bascule span of the
Broadway Bridge to operate in single
leaf mode for marine traffic. The
deviation period allows the drawspan to
operate single leaf and reduce the
vertical clearance of the non-functional
span from 90 feet to 80 feet during these
dates: from 6 a.m. on August 16, 2017
to 6 p.m. on September 20, 2017; and
from 6 a.m. on October 9, 2017, to 6
p.m. on November 13, 2017. The bridge
shall operate in accordance to 33 CFR
117.897 at all other times. Waterway
usage on this part of the Willamette
River includes vessels ranging from
commercial tug and barge to small
pleasure craft. We have coordinated
with the majority of known waterway
users and there were no objections to
this schedule.
Vessels able to pass through the
bridge in the closed positions may do so
at any time. The bridge will be able to
open in single leaf for emergencies, and
there is no immediate alternate route for
vessels to pass. The Coast Guard will
also inform the users of the waterways
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
modified deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: July 31, 2017.
Steven Michael Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2017–16424 Filed 8–3–17; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0677]
RIN 1625–AA00
Safety Zone; Mississippi River; New
Orleans, LA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters on the Mississippi
River from mile marker (MM) 96 to MM
96.5 Above Head of Passes. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by a
fireworks display. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port, New Orleans
(COTP).
DATES: This rule is effective from 7:30
p.m. through 8:30 p.m. on August 21,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0677 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 on this rule, call or
email Lieutenant Commander (LCDR)
Howard Vacco, Sector New Orleans, at
(504) 365–2281 or Howard.K.Vacco@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
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36333
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone by August 21, 2017 and we
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. It is also contrary to the public
interest as it would delay the safety
measures necessary to protect life and
property from the possible hazards
associated with the fireworks display
launched from the waterway. The
impacts on navigation are expected to
be minimal as the safety zone will only
be in effect for a short duration of one
hour. The Coast Guard will notify the
public and maritime community that
the safety zone will be in effect and of
its enforcement periods via Broadcast
Notice to Mariners (BNM) and Marine
Safety Information Bulletin (MSIB).
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule is contrary to public interest
because it would delay the safety
measures necessary to respond to
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 New Orleans (COTP)
has determined that potential hazards
associated with a fireworks display on
August 21, 2017 will be a safety concern
for anyone on the navigable waterways
within a one-half mile range of the
fireworks. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone while the
fireworks are being launched.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7:30 p.m. through 8:30 p.m. on
August 21, 2017. The safety zone will
cover all navigable waters from mile
marker 96 to 96.5 Above Head of Passes
on the Mississippi River. The duration
of the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
from the hazards of the fireworks. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
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Federal Register / Vol. 82, No. 149 / Friday, August 4, 2017 / Rules and Regulations
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone. This
safety zone will impact a small
designated area of the Mississippi River
for 1 hour. Moreover, the Coast Guard
will issue BNMs via VHF–FM Channel
16 about the zone and the rule allows
vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
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jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
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State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management 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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
creating a safety zone lasting one hour
that will prohibit entry and navigating
between mile marker 96 to 96.5, Above
Head of Passes on the Mississippi River.
It is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. 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
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
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.
2. Add § 165.T08–0677 to read as
follows:
■
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Federal Register / Vol. 82, No. 149 / Friday, August 4, 2017 / Rules and Regulations
§ 165.T08–0677 Safety Zone; Mississippi
River, New Orleans, LA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Mississippi River between mile marker
96 and 96.5 Above Head of Passes.
(b) Effective period. This rule is
effective from 7:30 p.m. through 8:30
p.m. on August 21, 2017.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless specifically
authorized by the Captain of the Port
New Orleans (COTP) or designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners of any changes in
the planned schedule.
Dated: July 31, 2017.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
[FR Doc. 2017–16436 Filed 8–3–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R08–OAR–2017–0171; FRL–9965–78–
Region 8]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants: Colorado, Montana, North
Dakota, South Dakota, Utah, and
Wyoming; Negative Declarations
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is withdrawing a direct
final rule published on June 5, 2017,
because one adverse comment was
received during the public comment
period. The withdrawn rule pertained to
the EPA’s receipt and approval of 20
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13:21 Aug 03, 2017
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Effective August 3, 2017, the
direct final rule published at 82 FR
25734, June 5, 2017 is withdrawn.
DATES:
FOR FURTHER INFORMATION CONTACT:
Gregory Lohrke, (303) 312–6396,
lohrke.gregory@epa.gov.
On June 5,
2017, the EPA published a direct final
rule (82 FR 25734) approving several
negative declarations submitted by
Region 8 states, certifying the absence of
designated facilities regulated under
various Emissions Guidelines found in
40 CFR part 60. The promulgation of
each negative declaration was to serve
in lieu of a CAA section 111(d)/129
State plan, given the declared absence of
facilities that would require such a State
plan. The direct final rule was
published without prior proposal
because the EPA anticipated no adverse
comments on a noncontroversial action.
The direct final rule stated that if the
action received adverse comment on or
before July 5, 2017, the EPA would
publish a timely withdrawal in the
Federal Register. The EPA received one
adverse comment and is accordingly
withdrawing the direct final rule. In a
separate, subsequent final rulemaking
action, the EPA will address the
comment received.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 62
40 CFR Part 62
SUMMARY:
negative declaration letters from EPA
Region 8 states. These letters of negative
declaration are statements by the state
certifying the absence of designated
facilities of a certain solid waste
incinerator category or class within its
jurisdiction, which obviates the
statutory requirement for the state to
develop a Clean Air Act (CAA) section
111(d)/129 State plan for the regulation
of designated facilities of that particular
category or class.
Environmental protection,
Administrative practice and procedure,
Air pollution control, Commercial
industrial solid waste incineration,
Intergovernmental relations, Municipal
solid waste combustion, Other solid
waste incineration, Reporting and
recordkeeping requirements.
Dated: July 28, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
Accordingly, the amendments to 40
CFR part 62, subpart G, subpart BB,
subpart JJ, subpart QQ, subpart TT, and
subpart ZZ, published in the Federal
Register on June 5, 2017 (82 FR 25734),
are withdrawn as of August 3, 2017.
■
[FR Doc. 2017–16492 Filed 8–3–17; 8:45 am]
BILLING CODE 6560–50–P
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36335
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0507; FRL–9963–58]
Beta Cyclodextrin, Methyl Ethers;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of beta
cyclodextrin, methyl ethers (CAS Reg.
No. 128446–36–6) when used as an inert
ingredient (stabilizer and solvent) in
pesticide formulations applied to
growing crops pre-harvest limited to a
maximum concentration of 40% by
weight in the pesticide formulation.
Lewis and Harrison, LLC, on behalf of
Wacker Chemie AG submitted a petition
to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), requesting
establishment of an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of beta cyclodextrin, methyl
ethers that result from applications of
pesticides consistent with the
conditions in EPA regulations.
DATES: This regulation is effective
August 4, 2017. Objections and requests
for hearings must be received on or
before October 3, 2017, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
SUMMARY:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0507, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
ADDRESSES:
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]]>Agencies
[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Rules and Regulations]
[Pages 36333-36335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16436]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0677]
RIN 1625-AA00
Safety Zone; Mississippi River; New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Mississippi River from mile marker (MM) 96 to
MM 96.5 Above Head of Passes. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by a fireworks display. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port, New Orleans (COTP).
DATES: This rule is effective from 7:30 p.m. through 8:30 p.m. on
August 21, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0677 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 on this rule,
call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New
Orleans, at (504) 365-2281 or Howard.K.Vacco@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port 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 Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone by August 21, 2017 and we lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule. It is also contrary to the public
interest as it would delay the safety measures necessary to protect
life and property from the possible hazards associated with the
fireworks display launched from the waterway. The impacts on navigation
are expected to be minimal as the safety zone will only be in effect
for a short duration of one hour. The Coast Guard will notify the
public and maritime community that the safety zone will be in effect
and of its enforcement periods via Broadcast Notice to Mariners (BNM)
and Marine Safety Information Bulletin (MSIB).
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule is contrary to public interest because it would delay the
safety measures necessary to respond to 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 New Orleans (COTP) has determined that
potential hazards associated with a fireworks display on August 21,
2017 will be a safety concern for anyone on the navigable waterways
within a one-half mile range of the fireworks. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the fireworks are being launched.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 p.m. through 8:30
p.m. on August 21, 2017. The safety zone will cover all navigable
waters from mile marker 96 to 96.5 Above Head of Passes on the
Mississippi River. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters from the hazards of the fireworks. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
[[Page 36334]]
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This safety
zone will impact a small designated area of the Mississippi River for 1
hour. Moreover, the Coast Guard will issue BNMs via VHF-FM Channel 16
about the zone and the rule allows vessels to seek permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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
Management 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 determined that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves creating a safety zone lasting one hour that will
prohibit entry and navigating between mile marker 96 to 96.5, Above
Head of Passes on the Mississippi River. It is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. 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
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.T08-0677 to read as follows:
[[Page 36335]]
Sec. 165.T08-0677 Safety Zone; Mississippi River, New Orleans, LA.
(a) Location. The following area is a safety zone: All navigable
waters of the Mississippi River between mile marker 96 and 96.5 Above
Head of Passes.
(b) Effective period. This rule is effective from 7:30 p.m. through
8:30 p.m. on August 21, 2017.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port New Orleans (COTP)
or designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector New
Orleans.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners of any
changes in the planned schedule.
Dated: July 31, 2017.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2017-16436 Filed 8-3-17; 8:45 am]
BILLING CODE 9110-04-P
