Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA, 34092-34094 [2018-15439]

Download as PDF 34092 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: VerDate Sep<11>2014 16:14 Jul 18, 2018 Jkt 244001 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 http:// 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 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 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 E:\FR\FM\19JYP1.SGM 19JYP1 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 VerDate Sep<11>2014 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 PO 00000 Frm 00024 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 http:// www.regulations.gov. If your material cannot be submitted using http:// 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 http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// 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 http://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: E:\FR\FM\19JYP1.SGM 19JYP1 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. sradovich on DSK3GMQ082PROD with PROPOSALS 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: http:// 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 http:// www.regulations.gov, including any personal information provided. • Docket: For access to the docket to read background documents or comments received, go to http:// 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: PO 00000 Frm 00025 Fmt 4702 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 19JYP1

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 http://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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://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