Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA, 34092-34094 [2018-15439]
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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Proposed Rules
(i) A registered professional engineer
who is a qualified person with respect
to the equipment:
(A) Approves the procedure,
modification, addition, or repair, and
specifies the equipment configurations
to which that approval applies; and
(B) Modifies load charts, procedures,
instruction manuals, and instruction
plates, tags, and decals, as appropriate.
(ii) The employer uses the equipment
in accordance with all of the engineer’s
specifications and modifications.
(iii) The original safety factor of the
equipment is not reduced below 1.7 for
the structural boom, and 1.25 for
stability, unless the original safety factor
is lower.
(7) Other manufacturer guidance. The
requirements to follow the
manufacturer’s guidance, instructions,
procedures, prohibitions, limitations, or
specifications, set forth in
§§ 1926.1404(j), (m), or (q);
1926.1417(a), (r), (u), or (aa);
1926.1433(d)(l)(i); or 1926.1441 do not
apply when:
(i) A registered professional engineer
familiar with the type of equipment
involved determines the appropriate
limitations on the equipment in writing;
and
(ii) The employer does not exceed
those limitations.
[FR Doc. 2018–15285 Filed 7–18–18; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0619]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Mile Markers 94 to 95 Above Head of
Passes, 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
persons, vessels, and the marine
environment on these navigable waters
near New Orleans, LA, during a
fireworks display on October 6, 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.
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
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We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 20, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0619 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, U.S. Coast Guard;
telephone 504–365–2281, email
Benjamin.P.Morgan@uscg.mil.
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
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On May 9, 2018, Zito Company, LLC
notified the Coast Guard that it would
be conducting a fireworks display from
9 p.m. through 10 p.m. on October 6,
2018. The fireworks are to be launched
from a barge on the Lower Mississippi
River at approximate mile marker (MM)
94.5, above Head of Passes, off Algiers
Point, New Orleans, LA. Hazards from
firework displays include 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
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 persons, vessels,
and the marine environment on the
navigable waters within a one-mile
stretch around the fireworks barge
before, during, and after the scheduled
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
temporary safety zone from 9 p.m.
through 10 p.m. on October 6, 2018. The
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safety zone would cover all navigable
waters of the Lower Mississippi River
between MM 94 and MM 95, above
Head of Passes. The duration of the zone
is intended to ensure the safety of
persons, vessels, and the marine
environment on 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. 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.
The COTP or a designated
representative would 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. 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 short duration
of the safety zone, which would impact
a one-mile stretch of the Lower
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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Proposed Rules
Mississippi River for one hour on one
evening. In addition, vessel traffic
seeking to transit the area may seek
permission from the COTP or his
designated representative to do so.
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
temporary 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 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 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. 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.
sradovich on DSK3GMQ082PROD with PROPOSALS
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
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16:14 Jul 18, 2018
Jkt 244001
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
that would prohibit entry on one-mile
stretch of the Lower Mississippi River.
Normally such actions are categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A 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
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Fmt 4702
Sfmt 4702
34093
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:
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34094
Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Proposed Rules
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.
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VerDate Sep<11>2014
16:14 Jul 18, 2018
Jkt 244001
[NPS–AKRO–25874; PPAKAKROZ5,
PPMPRLE1Y.L00000]
RIN 1024–AE38
National Park Service, Interior.
Proposed rule; extension of
public comment period.
ACTION:
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River between mile
marker (MM) 94 and MM 95 above Head
of Passes, New Orleans, LA.
(b) Effective period. This rule is
effective from 9 p.m. through 10 p.m. on
October 6, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector New Orleans (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public 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.
BILLING CODE 9110–04–P
36 CFR Part 13
AGENCY:
§ 165.T08–0619 Safety Zone; Lower
Mississippi River, Mile Markers 94 to 95,
New Orleans, LA.
[FR Doc. 2018–15439 Filed 7–18–18; 8:45 am]
National Park Service
Alaska; Hunting and Trapping in
National Preserves—Extension of
Public Comment Period
2. Add § 165.T08–0619 to read as
follows:
■
Dated: July 12, 2018.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
DEPARTMENT OF THE INTERIOR
The National Park Service is
extending the public comment period
for the proposed rule to amend its
regulations for sport hunting and
trapping in National Preserves in
Alaska. Extending the comment period
for 45 days will allow more time for the
public to review the proposal and
submit comments.
DATES: The comment period for the
proposed rule published on May 22,
2018 (83 FR 23621), is extended.
Comments must be received by 11:59
p.m. EST on September 6, 2018.
ADDRESSES: You may submit comments,
identified by Regulation Identifier
Number (RIN) 1024–AE38, by either of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or hand deliver to: National
Park Service, Regional Director, Alaska
Regional Office, 240 West 5th Ave.,
Anchorage, AK 99501.
• Instructions: Comments will not be
accepted by fax, email, or in any way
other than those specified above. All
submissions received must include the
words ‘‘National Park Service’’ or
‘‘NPS’’ and must include the docket
number or RIN (1024–AE38) for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
• Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and enter ‘‘1024–
AE38’’ in the search box.
FOR FURTHER INFORMATION CONTACT:
Herbert C. Frost, Regional Director,
Alaska Regional Office, 240 West 5th
Ave., Anchorage, AK 99501. Phone
(907) 644–3510. Email: AKR_
Regulations@nps.gov.
SUPPLEMENTARY INFORMATION: On May
22, 2018, the National Park Service
(NPS) published in the Federal Register
(83 FR 23621) a proposed rule to amend
SUMMARY:
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Sfmt 4702
its regulations for sport hunting and
trapping in National Preserves in
Alaska. This proposed rule would
remove a regulatory provision issued by
the NPS in 2015 that prohibited certain
sport hunting practices that are
otherwise permitted by the State of
Alaska. These proposed changes are
consistent with Secretary of the Interior
Orders 3347 and 3356. The public
comment period for this proposal is
scheduled to close on July 23, 2018. In
order to give the public additional time
to review and comment on the proposal,
the NPS is extending the public
comment period for 45 days until
September 6, 2018. If you already
commented on the proposed rule you do
not have to resubmit your comments.
P. Daniel Smith,
Deputy Director, Exercising the Authority of
the Director.
[FR Doc. 2018–15420 Filed 7–18–18; 8:45 am]
BILLING CODE 4310–EJ–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0505; FRL–9981–
01—Region 10]
Air Plan Approval; Oregon; Interstate
Transport Requirements for the 2012
PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Clean Air Act (CAA)
requires each State Implementation Plan
(SIP) to contain adequate provisions
prohibiting emissions that will have
certain adverse air quality effects in
other states. On October 20, 2015, the
State of Oregon made a submission to
the Environmental Protection Agency
(EPA) to address these requirements.
The EPA is proposing to approve the
submission as meeting the requirement
that each SIP contain adequate
provisions to prohibit emissions that
will contribute significantly to
nonattainment or interfere with
maintenance of the 2012 annual fine
particulate matter (PM2.5) national
ambient air quality standard (NAAQS)
in any other state.
DATES: Comments must be received on
or before August 20, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2018–0505 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
SUMMARY:
E:\FR\FM\19JYP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Proposed Rules]
[Pages 34092-34094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15439]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0619]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above
Head of Passes, 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 persons, vessels, and
the marine environment on these navigable waters near New Orleans, LA,
during a fireworks display on October 6, 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 August 20, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0619 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, 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 May 9, 2018, Zito Company, LLC notified the Coast Guard that it
would be conducting a fireworks display from 9 p.m. through 10 p.m. on
October 6, 2018. The fireworks are to be launched from a barge on the
Lower Mississippi River at approximate mile marker (MM) 94.5, above
Head of Passes, off Algiers Point, New Orleans, LA. Hazards from
firework displays include 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 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 persons,
vessels, and the marine environment on the navigable waters within a
one-mile stretch around the fireworks barge before, during, and after
the scheduled 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 temporary safety zone from 9 p.m.
through 10 p.m. on October 6, 2018. The safety zone would cover all
navigable waters of the Lower Mississippi River between MM 94 and MM
95, above Head of Passes. The duration of the zone is intended to
ensure the safety of persons, vessels, and the marine environment on
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. 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. The
COTP or a designated representative would 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. 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 short
duration of the safety zone, which would impact a one-mile stretch of
the Lower
[[Page 34093]]
Mississippi River for one hour on one evening. In addition, vessel
traffic seeking to transit the area may seek permission from the COTP
or his designated representative to do so.
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
temporary 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 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 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. 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
that would prohibit entry on one-mile stretch of the Lower Mississippi
River. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A 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:
[[Page 34094]]
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.T08-0619 to read as follows:
Sec. 165.T08-0619 Safety Zone; Lower Mississippi River, Mile Markers
94 to 95, New Orleans, LA.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River between mile marker (MM) 94 and
MM 95 above Head of Passes, New Orleans, LA.
(b) Effective period. This rule is effective from 9 p.m. through 10
p.m. on October 6, 2018.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector New Orleans
(COTP) or designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector New
Orleans.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public 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: July 12, 2018.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-15439 Filed 7-18-18; 8:45 am]
BILLING CODE 9110-04-P
