Safety Zone; Lower Mississippi River, New Orleans, LA, 16817-16819 [2018-07908]
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Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules
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 preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
amozie on DSK30RV082PROD with PROPOSALS
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
VerDate Sep<11>2014
17:36 Apr 16, 2018
Jkt 244001
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 proposes to
amend 33 CFR part 165 as follows:
16817
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0331]
RIN 1625–AA00
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Safety Zone; Lower Mississippi River,
New Orleans, LA
1. The authority citation for part 165
continues to read as follows:
AGENCY:
■
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.T08–0332 to read as
follows:
■
§ 165.T08–0332 Safety Zone; Tchefuncte
River, New Orleans, LA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Tchefuncte River, 100-yards around a
barge at approximate position
30°24′11.63″ N 090°09′17.39″ W, in
front of the Madisonville Town Hall in
Madisonville, LA.
(b) Effective period. This section is
effective from 6:45 p.m. through 7:45
p.m. on July 4, 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 or by
telephone at (504) 365–2200.
(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: April 11, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2018–07909 Filed 4–16–18; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
establish a temporary safety zone for
certain navigable waters of the
Mississippi River from mile marker
(MM) 94 to MM 95 above Head of
Passes. This action is necessary to
provide for the safety of life on these
navigable waters near Algiers Point,
New Orleans, LA, during a fireworks
display on June 30, 2018. This proposed
rulemaking would prohibit persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Sector New Orleans or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 17, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0331 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Commander Howard Vacco, Sector New
Orleans, U.S. Coast Guard; telephone
504–365–2281, email Howard.K.Vacco@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector New
Orleans
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 4, 2018, AFX Pro, LLC,
notified the Coast Guard that it would
E:\FR\FM\17APP1.SGM
17APP1
16818
Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules
be conducting a fireworks display from
10 p.m. through 10:45 p.m. on June 30,
2018, for a wedding celebration. The
fireworks are to be launched from a
barge in the Mississippi River at
approximate mile marker (MM) 95.5
above Head of Passes near Algiers Point,
New Orleans, LA. Hazards from
firework displays include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. The Captain of the Port
Sector New Orleans (COTP) has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within a one-mile
stretch of the river.
The purpose of this rulemaking is to
ensure the safety of vessels on the
navigable waters within a one-mile
stretch of the river before, during, and
after the fireworks display. The Coast
Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
amozie on DSK30RV082PROD with PROPOSALS
The COTP proposes to establish a
safety zone from 9:45 p.m. through 11
p.m. on June 30, 2018. The safety zone
would cover all navigable waters of the
Mississippi River above Head of Passes
between mile markers (MM) 94 and 95.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled fireworks display.
No vessel or person would 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.
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 or by telephone at
(504) 365–2200. 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 a designated
representative. The regulatory text we
are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
VerDate Sep<11>2014
17:36 Apr 16, 2018
Jkt 244001
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size and duration of the
safety zone. This safety zone is for only
one hour on a one-mile section of the
waterway. Moreover, the Coast Guard
would issue a Broadcast Notice to
Mariners (BNM) via VHF–FM marine
channel 16 about the zone, and the rule
would allow 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 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rulemaking would economically
affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rulemaking would affect your small
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
E:\FR\FM\17APP1.SGM
17APP1
Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules
Security Directive 023–01 and
Commandant Instruction M16475.1D,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a safety zone lasting one hour
that would prohibit entry between mile
marker 95 and mile marker 94 on the
Lower Mississippi River above Head of
Passes. 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
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
amozie on DSK30RV082PROD with PROPOSALS
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
VerDate Sep<11>2014
17:36 Apr 16, 2018
Jkt 244001
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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.T08–0331 to read as
follows:
■
§ 165.T08–0331 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 from mile marker (MM) 94 to MM
95 above Head of Passes.
(b) Effective period. This section is
effective from 9:45 p.m. through 11 p.m.
on June 30, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless 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 or by
telephone at (504) 365–2200.
(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
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
16819
Notices to Mariners of any changes in
the planned schedule.
Dated: April 11, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2018–07908 Filed 4–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings for Two
Species
Fish and Wildlife Service,
Interior.
ACTION: Notice of petition findings and
initiation of a status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce 90day findings on two petitions to list,
reclassify, or delist wildlife or plants
under the Endangered Species Act of
1973, as amended (Act). Based on our
review, we find that one petition
presents substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
Therefore, with the publication of this
document, we announce that we plan to
initiate a review of the status of that
species to determine if the petitioned
action is warranted. To ensure that this
status review is comprehensive, we are
requesting scientific and commercial
data and other information regarding
this species. Based on the status review,
we will issue a 12-month finding on the
petition, which will address whether or
not the petitioned action is warranted,
in accordance with the Act. We also
find that one petition does not present
substantial scientific or commercial
information indicating that the
petitioned action may be warranted.
Therefore, we are not initiating a status
review of this species in response to that
petition. We refer to this finding as a
‘‘not substantial’’ petition finding.
DATES: These findings were made on
April 17, 2018. As we commence work
on the status review, we seek any new
information concerning the status of, or
threats to, the species or its habitat. Any
information received during our work
on the status review will be considered.
ADDRESSES:
Supporting documents: Summaries of
the bases for the petition findings
contained in this document are
SUMMARY:
E:\FR\FM\17APP1.SGM
17APP1
]]>Agencies
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16817-16819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07908]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0331]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain navigable waters of the Mississippi River from mile marker
(MM) 94 to MM 95 above Head of Passes. This action is necessary to
provide for the safety of life on these navigable waters near Algiers
Point, New Orleans, LA, during a fireworks display on June 30, 2018.
This proposed rulemaking would prohibit persons and vessels from being
in the safety zone unless authorized by the Captain of the Port Sector
New Orleans or a designated representative. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 17, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0331 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Howard Vacco,
Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 4, 2018, AFX Pro, LLC, notified the Coast Guard that it
would
[[Page 16818]]
be conducting a fireworks display from 10 p.m. through 10:45 p.m. on
June 30, 2018, for a wedding celebration. The fireworks are to be
launched from a barge in the Mississippi River at approximate mile
marker (MM) 95.5 above Head of Passes near Algiers Point, New Orleans,
LA. Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Sector New Orleans (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a one-
mile stretch of the river.
The purpose of this rulemaking is to ensure the safety of vessels
on the navigable waters within a one-mile stretch of the river before,
during, and after the fireworks display. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a safety zone from 9:45 p.m. through
11 p.m. on June 30, 2018. The safety zone would cover all navigable
waters of the Mississippi River above Head of Passes between mile
markers (MM) 94 and 95. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters before, during, and
after the scheduled fireworks display. No vessel or person would 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.
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 or by telephone at (504) 365-2200.
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 a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size and
duration of the safety zone. This safety zone is for only one hour on a
one-mile section of the waterway. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16 about
the zone, and the rule would allow 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
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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rulemaking would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rulemaking would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
[[Page 16819]]
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a safety zone lasting one hour
that would prohibit entry between mile marker 95 and mile marker 94 on
the Lower Mississippi River above Head of Passes. 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 preliminary Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0331 to read as follows:
Sec. 165.T08-0331 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 from mile marker
(MM) 94 to MM 95 above Head of Passes.
(b) Effective period. This section is effective from 9:45 p.m.
through 11 p.m. on June 30, 2018.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
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 or by telephone at (504) 365-2200.
(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: April 11, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-07908 Filed 4-16-18; 8:45 am]
BILLING CODE 9110-04-P
