Safety Zone; Lower Mississippi River, New Orleans, LA, 13108-13109 [2018-06075]
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13108
Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations
Notices to Mariners of any changes in
the planned schedule.
II. Background Information and
Regulatory History
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
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)
because it is impracticable. It is
impracticable to publish an NPRM
because we must establish this safety
zone on April 15, 2018 to prevent injury
to persons and vessels and lack
sufficient time to provide a reasonable
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 impracticable
because urgent action is necessary to
protect the public and vessels from the
hazards associated with a fireworks
display.
[FR Doc. 2018–06073 Filed 3–26–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0104]
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
all navigable waters of the Lower
Mississippi River from Mile Marker
(MM) 94.5 to MM 95.5, above Head of
Passes. The safety zone is needed to
protect persons and vessels 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 Sector New Orleans (COTP) or
a designated representative.
DATES: This rule is effective from 7:30
p.m. through 8:30 p.m. on April 15,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0104 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 (LCDR) Howard Vacco,
Sector New Orleans, U.S. Coast Guard;
telephone 504–365–2281, email
Howard.K.Vacco@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
amozie on DSK30RV082PROD with RULES
I. Table of Abbreviations
COTP Captain of the Port Sector New
Orleans
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
VerDate Sep<11>2014
17:36 Mar 26, 2018
Jkt 244001
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector New Orleans
(COTP) has determined that potential
hazards associated with a fireworks
display on April 15, 2018, will be a
safety concern for anyone within a onemile range of the Lower Mississippi
River above Head of Passes. This rule is
needed to protect persons and vessels in
the navigable waters within the safety
zone from the hazards associated with a
fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7:30 p.m. through 8:30 p.m. on
April 15, 2018. The safety zone will
cover all navigable waters between Mile
Markers (MMs) 94.5 and 95.5 on the
Lower Mississippi River above Head of
Passes. The duration of the zone is
intended to protect persons and vessels
in these navigable waters from the
hazards associated with a fireworks
display. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector New Orleans.
The COTP or a designated
representative 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.
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 this rule only encompassing
a one-mile stretch of river for one hour
in the evening.
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
E:\FR\FM\27MRR1.SGM
27MRR1
Federal Register / Vol. 83, No. 59 / Tuesday, March 27, 2018 / Rules and Regulations
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).
amozie on DSK30RV082PROD with RULES
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.
VerDate Sep<11>2014
17:36 Mar 26, 2018
Jkt 244001
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting only one hour that will
prohibit entry within a one-mile stretch
of the Lower Mississippi River above
Head of Passes. It is categorically
excluded from further review under
paragraph L60 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
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.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
13109
2. Add § 165.T08–0104 to read as
follows:
■
§ 165.T08–0104 Safety Zone; Lower
Mississippi River, New Orleans, LA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River, New Orleans,
LA between Mile Markers (MMs) 94.5
and 95.5 above Head of Passes.
(b) Effective period. This section is
effective from 7:30 p.m. through 8:30
p.m. on April 15, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 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 through Broadcast
Notices to Mariners of any changes in
the planned schedule.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2018–06075 Filed 3–26–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0930]
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
all navigable waters on the Lower
Mississippi River from mile marker
(MM) 94 to MM 95, above Head of
Passes. The safety zone is needed to
protect personnel, vessels, and the
SUMMARY:
E:\FR\FM\27MRR1.SGM
27MRR1
Agencies
[Federal Register Volume 83, Number 59 (Tuesday, March 27, 2018)]
[Rules and Regulations]
[Pages 13108-13109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06075]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0104]
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
all navigable waters of the Lower Mississippi River from Mile Marker
(MM) 94.5 to MM 95.5, above Head of Passes. The safety zone is needed
to protect persons and vessels 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
Sector New Orleans (COTP) or a designated representative.
DATES: This rule is effective from 7:30 p.m. through 8:30 p.m. on April
15, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0104 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 (LCDR) Howard Vacco,
Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port Sector New Orleans
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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)
because it is impracticable. It is impracticable to publish an NPRM
because we must establish this safety zone on April 15, 2018 to prevent
injury to persons and vessels and lack sufficient time to provide a
reasonable 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 impracticable because urgent action is necessary to
protect the public and vessels from the 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 potential hazards associated with a fireworks display on April 15,
2018, will be a safety concern for anyone within a one-mile range of
the Lower Mississippi River above Head of Passes. This rule is needed
to protect persons and vessels in the navigable waters within the
safety zone from the hazards associated with a fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:30 p.m. through 8:30
p.m. on April 15, 2018. The safety zone will cover all navigable waters
between Mile Markers (MMs) 94.5 and 95.5 on the Lower Mississippi River
above Head of Passes. The duration of the zone is intended to protect
persons and vessels in these navigable waters from the hazards
associated with a fireworks display. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector New
Orleans.
The COTP or a designated representative 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.
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 this rule only
encompassing a one-mile stretch of river for one hour in the evening.
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
[[Page 13109]]
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
Directive 023-01, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves a safety zone lasting only one
hour that will prohibit entry within a one-mile stretch of the Lower
Mississippi River above Head of Passes. It is categorically excluded
from further review under paragraph L60 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.T08-0104 to read as follows:
Sec. 165.T08-0104 Safety Zone; Lower Mississippi River, New Orleans,
LA.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River, New Orleans, LA between Mile
Markers (MMs) 94.5 and 95.5 above Head of Passes.
(b) Effective period. This section is effective from 7:30 p.m.
through 8:30 p.m. on April 15, 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 through Broadcast Notices to Mariners of any
changes in the planned schedule.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-06075 Filed 3-26-18; 8:45 am]
BILLING CODE 9110-04-P