Safety Zone; Lower Mississippi River, New Orleans, LA, 58113-58115 [2017-26561]
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Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A320–53–1262,
excluding Appendix 01 and including
Appendix 02, Revision 01, dated July 29,
2016.
(ii) Airbus Service Bulletin A320–53–1333,
excluding Appendix 01 and including
Appendix 02, dated July 29, 2016.
(iii) Airbus Service Bulletin A320–53–
1334, excluding Appendix 01 and including
Appendixes 02 and 03, dated July 29, 2016.
(3) For service information identified in
this AD, contact Airbus, Airworthiness
Office–EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone: +33
5 61 93 36 96; fax: +33 5 61 93 44 51; email:
account.airworth-eas@airbus.com; Internet:
https://www.airbus.com.
(4) You may view this service information
at the FAA, Transport Standards Branch,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on
November 16, 2017.
Chris Spangenberg,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2017–26260 Filed 12–8–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–1072]
Drawbridge Operation Regulation;
Columbia River, Vancouver, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Burlington
Northern Santa Fe (BNSF) Railway
Bridge across the Columbia River, mile
105.6, at Vancouver, WA. The deviation
is necessary to accommodate
replacement gears, shafts and bearings.
This deviation allows the bridge to
remain in the closed-to-navigation
position during maintenance activities.
DATES: This deviation is effective from
7 a.m. on December 19, 2017 to 7 p.m.
on December 21, 2017.
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:23 Dec 08, 2017
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The docket for this
deviation, USCG–2017–1072 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation.
ADDRESSES:
If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
BNSF
requested that the BNSF Swing Bridge
across the Columbia River, mile 105.6,
remain closed to marine vessel traffic to
install new swing gears, shafts and
bearings. During this installation period,
the swing span of the bridge will be in
the closed-to-navigation position;
however, the span may be opened for
maritime emergencies, when an hour’s
notice has been given, but any
emergency opening will necessitate a
time extension to the approved dates.
The BNSF Swing Bridge, mile 105.6,
provides 39 feet of vertical clearance
above Columbia River Datum 0.0 while
in the closed position.
The subject bridge operates in
accordance with 33 CFR 117.5. This
deviation allows the swing span of the
BNSF Railway Bridge across the
Columbia River, mile 105.6, to remain
in the closed-to-navigation position, and
need not open for maritime traffic from
7 a.m. to 7 p.m. on December 19, 2017,
and 7 a.m. to 7 p.m. on December 21,
2017. The bridge shall operate in
accordance to 33 CFR 117.5 at all other
times. Waterway usage on this part of
the Columbia River includes vessels
ranging from large ships to commercial
tug and tow vessels to recreational
pleasure craft including cabin cruisers
and sailing vessels. Vessels able to pass
through the bridge in the closed-tonavigation position may do so at
anytime. The bridge will be able to open
for emergencies, if an hour’s notice is
given, 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 temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
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58113
Dated: December 4, 2017.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2017–26573 Filed 12–8–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0986]
RIN 1625–AA00
Safety Zone; Lower 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 Lower
Mississippi River above Head of Passes
between mile marker (MM) 94.0 and
MM 95.0. This safety zone is needed to
protect personnel, vessels and the
marine environment from potential
hazards associated with a fireworks
display on January 6, 2018. This
rulemaking will prohibit persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Sector New Orleans (COTP) or a
designated representative.
DATES: This rule is effective from 8:30
p.m. through 9:30 p.m. on January 6,
2018.
SUMMARY:
Documents mentioned in
this preamble are part of docket USCG–
2017–0986. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
Commander (LCDR) Howard K. Vacco,
Sector New Orleans, Waterways
Management Division Chief, U.S. Coast
Guard; telephone 504–365–2281, email
Howard.K.Vacco@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector New
Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final 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 January 6, 2018 and lack
sufficient time to provide responsible
comment period and then consider
those comments before issuing the rule.
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 the safety zone is
necessary to respond to potential
hazards associated with a fireworks
display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector New Orleans
(COTP) has determined that a temporary
safety zone is necessary to provide for
the safety of life and vessels transiting
the area where the fireworks will be
launched. The fireworks display is
scheduled to take place from 8:30 p.m.
through 9:30 p.m. on January 6, 2018, in
the navigable waters of the Lower
Mississippi River at New Orleans, LA.
sradovich on DSK3GMQ082PROD with RULES
IV. Discussion of the Rule
The COTP will establish a safety zone
from 8:30 p.m. to 9:30 p.m. on January
6, 2018. The safety zone would cover all
navigable waters of the Lower
Mississippi River above Head of Passes
between mile marker 94.0 and mile
marker 95.0 in New Orleans, LA. The
duration of the safety zone is to ensure
the protection of personnel, vessels and
the marine environment from potential
hazards associated with the fireworks
display. 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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17:23 Dec 08, 2017
Jkt 244001
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 restrict vessel traffic
from entering or transiting within a one
mile area of navigable waterway of the
Lower Mississippi River above Head of
Passes between mile marker 94.0 and
mile marker 95.0 in New Orleans, LA,
during a time of year when vessel traffic
is normally low. Moreover, the Coast
Guard will issue Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule allows
vessels to seek permission to enter the
zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the 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
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Fmt 4700
Sfmt 4700
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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 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.
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Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
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 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
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting one hour on one mile of
navigable waters between mile marker
(MM) 94.0 and MM 95.0 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 (REC) is available in the
docket for this rulemaking.
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
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0986 to read as
follows:
■
§ 165.T08–0986 Safety Zone; Lower
Mississippi River, New Orleans, LA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River above Head of
Passes, New Orleans, LA between mile
marker 94.0 and mile marker 95.0.
(b) Effective period. This section is
effective from 8:30 p.m. through 9:30
p.m. on January 6, 2018.
(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
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 through Broadcast
Notices to Mariners of any changes in
the planned schedule.
Dated: December 4, 2017.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
[FR Doc. 2017–26561 Filed 12–8–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
sradovich on DSK3GMQ082PROD with RULES
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard to amend 33
CFR part 165 as follows:
40 CFR Part 52
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
AGENCY:
1. The authority citation for part 165
continues to read as follows:
■
17:23 Dec 08, 2017
Jkt 244001
Air Plan Approval; Florida; Stationary
Sources Emissions Monitoring;
Withdrawal
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
Due to the receipt of an
adverse comment, the Environmental
Protection Agency (EPA) is withdrawing
SUMMARY:
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;
VerDate Sep<11>2014
[EPA–R04–OAR–2017–0500; FRL–9971–72–
Region 4]
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58115
the October 13, 2017, direct final rule
that would have approved changes to
the Florida Department of
Environmental Protection (FDEP) State
Implementation Plan (SIP) to revise
Florida’s requirements and procedures
for emissions monitoring at stationary
sources. EPA will address the comment
in a separate final action based upon the
proposed rulemaking action, also
published on October 13, 2017.
DATES: The direct final rule published at
82 FR 47636, on October 13, 2017, is
withdrawn effective December 11, 2017.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Febres can be reached via telephone at
(404) 562–8966 or via electronic mail at
febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION: On
October 13, 2017 (82 FR 47636), EPA
published a direct final rule approving
a portion of a SIP revision submitted by
the State of Florida, through FDEP on
February 1, 2017, for the purpose of
revising Florida’s requirements and
procedures for emissions monitoring at
stationary sources. Florida’s February 1,
2017, SIP submittal included
amendments to three Florida
Administrative Code (F.A.C.) rule
sections, as well as the removal of one
F.A.C. rule section from the Florida SIP
in order to eliminate redundant
language and make updates to the
requirements for emissions monitoring
at stationary sources. Additionally, the
October 13, 2017, direct final rule
included a correction to remove an
additional F.A.C. rule that was
previously approved for removal from
the SIP in a separate action but was
never removed.
In the direct final rule, EPA explained
that the Agency was publishing the rule
without prior proposal because the
Agency viewed the submittal as a noncontroversial SIP amendment and
anticipated no adverse comments.
Further, EPA explained that the Agency
was publishing a separate document in
the proposed rules section of the
Federal Register to serve as the proposal
to approve the SIP revision should an
adverse comment be filed. EPA also
noted that the rule would be effective
generally 30 days after the close of the
public comment period, without further
notice unless the Agency received
adverse comment by the close of the
public comment period. EPA explained
that if the Agency received such
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]]>Agencies
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58113-58115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26561]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0986]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Lower Mississippi River above Head of Passes
between mile marker (MM) 94.0 and MM 95.0. This safety zone is needed
to protect personnel, vessels and the marine environment from potential
hazards associated with a fireworks display on January 6, 2018. This
rulemaking will prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Sector New Orleans
(COTP) or a designated representative.
DATES: This rule is effective from 8:30 p.m. through 9:30 p.m. on
January 6, 2018.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2017-0986. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Commander (LCDR) Howard K. Vacco,
Sector New Orleans, Waterways Management Division Chief, U.S. Coast
Guard; telephone 504-365-2281, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
[[Page 58114]]
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary final 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 January 6, 2018 and lack sufficient time
to provide responsible comment period and then consider those comments
before issuing the rule.
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 the safety
zone is necessary to respond to potential hazards associated with a
fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector New Orleans (COTP) has determined
that a temporary safety zone is necessary to provide for the safety of
life and vessels transiting the area where the fireworks will be
launched. The fireworks display is scheduled to take place from 8:30
p.m. through 9:30 p.m. on January 6, 2018, in the navigable waters of
the Lower Mississippi River at New Orleans, LA.
IV. Discussion of the Rule
The COTP will establish a safety zone from 8:30 p.m. to 9:30 p.m.
on January 6, 2018. The safety zone would cover all navigable waters of
the Lower Mississippi River above Head of Passes between mile marker
94.0 and mile marker 95.0 in New Orleans, LA. The duration of the
safety zone is to ensure the protection of personnel, vessels and the
marine environment from potential hazards associated with the fireworks
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
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 restrict vessel traffic from entering or transiting within a
one mile area of navigable waterway of the Lower Mississippi River
above Head of Passes between mile marker 94.0 and mile marker 95.0 in
New Orleans, LA, during a time of year when vessel traffic is normally
low. Moreover, the Coast Guard will issue Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule allows
vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 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.
[[Page 58115]]
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 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 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting one hour on one
mile of navigable waters between mile marker (MM) 94.0 and MM 95.0 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 (REC) is available in the docket for this
rulemaking.
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 to amend
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0986 to read as follows:
Sec. 165.T08-0986 Safety Zone; Lower Mississippi River, New Orleans,
LA.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River above Head of Passes, New
Orleans, LA between mile marker 94.0 and mile marker 95.0.
(b) Effective period. This section is effective from 8:30 p.m.
through 9:30 p.m. on January 6, 2018.
(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 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 through Broadcast Notices to Mariners of any
changes in the planned schedule.
Dated: December 4, 2017.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2017-26561 Filed 12-8-17; 8:45 am]
BILLING CODE 9110-04-P
