Safety Zone; Lower Mississippi River, New Orleans, LA, 22225-22227 [2018-10188]
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amozie on DSK3GDR082PROD with PROPOSALS
Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules
withdrawing that part of the proposed
rule.
On September 20, 2002, FDA held a
meeting of the Nonprescription Drugs
Advisory Committee to discuss safety
issues related to the use of aspirin and
other OTC nonsteroidal antiinflammatory drugs (NSAIDs), including
ibuprofen.1 Safety issues discussed
included stomach bleeding. As a result
of this meeting and subsequent FDA
review of the data and additional
comments submitted to the public
docket (see Docket No. FDA–1977–N–
0025), all OTC ibuprofen products
marketed under NDAs and ANDAs bear
warnings about gastrointestinal
bleeding. Warnings state that the risk of
bleeding is higher in persons who are
age 60 or older, have stomach ulcers or
bleeding problems, take a blood
thinning (anticoagulant) or steroid drug,
take other drugs containing prescription
or nonprescription nonsteroidal antiinflammatory drugs (NSAIDs), have
three or more alcoholic drinks every
day, or who take more or for a longer
time than directed. These requirements
are codified under 21 CFR 201.326(a)(2).
On February 10 and 11, 2014, FDA
held a joint meeting of the Arthritis
Advisory Committee and the Drug
Safety and Risk Management Advisory
Committee to discuss cardiovascular
safety issues related to the use of
NSAIDS, including ibuprofen.2 Safety
issues included increased risk of heart
attack and stroke that may be worsened
with using too much NSAID or using
NSAIDs for longer than recommended.
Thus, FDA sent letters on August 18,
2016, to all manufacturers of ibuprofen
requesting supplements to their
applications to update labels with this
new safety information. All OTC
ibuprofen products now include label
warnings against increased risk of heart
attack and stroke with the use of
NSAIDs other than aspirin.
To help ensure the continued utility
of the consumer labeling as it relates to
the safety of nonprescription ibuprofen
drug products, FDA carefully monitors
adverse event reporting.
The safety issues that have arisen
subsequent to the 2002 proposed rule
have caused the Agency to question
whether ibuprofen can be ‘‘generally
recognized as safe and effective’’ for use
as an active ingredient in OTC IAAA
drug products. For this reason, the
Agency is withdrawing the 2002
proposed amendments to 21 CFR part
1 https://www.fda.gov/ohrms/dockets/ac/
cder02.htm#NonprescriptionDrugs.
2 https://wayback.archive-it.org/7993/20170404
145443/https://www.fda.gov/AdvisoryCommittees/
Calendar/ucm380871.htm.
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343. Our withdrawal of the 2002
proposed amendment to the IAAA TFM
has no effect on the continued approval
and marketing of the NDA and ANDA
OTC ibuprofen drug products. As noted
above, FDA has addressed the safety
issues associated with ibuprofen
through the NDA and ANDA safety
framework, which is different from the
safety framework for drugs marketed
under the OTC monograph framework.
FDA is not withdrawing those
portions of the 2002 proposed rule to
amend its regulations to include
consistent pregnancy and allergy
warnings for OTC IAAA drug products
containing nonsteroidal antiinflammatory active ingredients.
II. Partial Withdrawal of the Proposed
Rule
For the reasons described in this
document, FDA is withdrawing portions
of the 2002 proposed rule, which would
have amended the OTC IAAA TFM.
Dated: May 8, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–10194 Filed 5–11–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0348]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
New Orleans, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
certain navigable waters of the Lower
Mississippi River. This action is
necessary to provide for the safety of life
on these navigable waters near New
Orleans, LA, during a fireworks display
on August 25, 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 June 13, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0348 using the Federal
SUMMARY:
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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.
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Commander Benjamin Morgan, Sector
New Orleans Waterways Management
Division, U.S. Coast Guard; telephone
504–365–2231, email
Benjamin.P.Morgan@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 9, 2018, AFX Pro, LLC,
notified the Coast Guard that it would
be conducting a fireworks display from
9 p.m. through 10 p.m. on August 25,
2018, for the National Guard
Association of the United States Annual
Conference. The fireworks will be
launched from a barge in the
Mississippi River at approximate mile
marker (MM) 96.2 above Head of Passes,
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 8:45 p.m. through 10
p.m. on August 25, 2018. The safety
zone would cover all navigable waters
of the Mississippi River above Head of
Passes between mile markers (MM) 95.7
and 96.7. The duration of the zone is
intended to ensure the safety of vessels
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Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules
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 would have to 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.
amozie on DSK3GDR082PROD with PROPOSALS
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 and fifteen minutes on a onemile 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
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Jkt 244001
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 that under 5
U.S.C. 605(b) this proposed rule would
not have a significant economic impact
on a substantial number of small
entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this 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. 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
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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
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
and fifteen minutes that would prohibit
entry between mile marker 95.7 and
mile marker 96.7 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.
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Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Proposed Rules
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.
LA from mile marker (MM) 95.7 to MM
96.7 above Head of Passes.
(b) Effective period. This section is
effective from 8:45 p.m. through 10 p.m.
on August 25, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, 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 of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Broadcasts (MSIBs) as
appropriate.
Dated: May 9, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2018–10188 Filed 5–11–18; 8:45 am]
BILLING CODE 9110–04–P
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:
■
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2018–0026; FRL–9978–
02—Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; North
Dakota; Revisions to Air Pollution
Control Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
amozie on DSK3GDR082PROD with PROPOSALS
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.
AGENCY:
2. Add § 165.T08–0348 to read as
follows:
SUMMARY:
■
§ 165.T08–0348 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,
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The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
North Dakota on January 28, 2013, and
November 11, 2016. The EPA is
proposing to approve amendments to
North Dakota’s general provisions,
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22227
permit to construct, prevention of
significant deterioration (PSD) of air
quality, oil and gas, and fees
regulations. In addition, amendments to
the permit program include the
regulation of hazardous air pollutants
(HAPs), which may be regulated under
section 112 of the Clean Air Act (CAA).
Thus, the EPA is taking this action
pursuant to sections 110 and 112 of
CAA.
Comments: Written comments
must be received on or before June 13,
2018.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2018–0026, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. The EPA requests that if at
all possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
ADDRESSES:
E:\FR\FM\14MYP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Proposed Rules]
[Pages 22225-22227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10188]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0348]
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 Lower Mississippi River. This
action is necessary to provide for the safety of life on these
navigable waters near New Orleans, LA, during a fireworks display on
August 25, 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 June 13, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0348 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 Benjamin
Morgan, Sector New Orleans Waterways Management Division, U.S. Coast
Guard; telephone 504-365-2231, 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 9, 2018, AFX Pro, LLC, notified the Coast Guard that it
would be conducting a fireworks display from 9 p.m. through 10 p.m. on
August 25, 2018, for the National Guard Association of the United
States Annual Conference. The fireworks will be launched from a barge
in the Mississippi River at approximate mile marker (MM) 96.2 above
Head of Passes, 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 8:45 p.m. through
10 p.m. on August 25, 2018. The safety zone would cover all navigable
waters of the Mississippi River above Head of Passes between mile
markers (MM) 95.7 and 96.7. The duration of the zone is intended to
ensure the safety of vessels
[[Page 22226]]
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 would have to 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 and
fifteen minutes 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 that under 5 U.S.C. 605(b) this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this 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. 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
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
and fifteen minutes that would prohibit entry between mile marker 95.7
and mile marker 96.7 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.
[[Page 22227]]
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.T08-0348 to read as follows:
Sec. 165.T08-0348 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) 95.7 to MM 96.7 above Head of Passes.
(b) Effective period. This section is effective from 8:45 p.m.
through 10 p.m. on August 25, 2018.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, 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 of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs)
as appropriate.
Dated: May 9, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-10188 Filed 5-11-18; 8:45 am]
BILLING CODE 9110-04-P
