Safety Zones; Coast Guard Sector New Orleans Annual and Recurring Safety Zones, 45584-45587 [2018-19588]
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules
FTC Rule 4.9(c), and the General
Counsel grants that request.
Visit the FTC website to read this
NPRM and the news release describing
it. The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
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information on the Commission’s
privacy policy, including routine uses
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privacy-policy.
List of Subjects in 16 CFR Part 18
Advertising, Nursery, Trade practices.
PART 18—[REMOVED]
For the reasons stated in the preamble,
and under the authority of 15 U.S.C. 45,
the Federal Trade Commission proposes
to remove 16 CFR part 18.
■
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2018–19227 Filed 9–7–18; 8:45 am]
BILLING CODE 6750–01–P
necessary to protect spectators,
participants, and vessels from the
hazards associated with annual marine
events. This proposed rulemaking
would prohibit entry into the safety
zones during the events 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 October 10, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0736 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.
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:
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
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0736]
RIN 1625–AA00
II. Background, Purpose, and Legal
Basis
Safety Zones; Coast Guard Sector New
Orleans Annual and Recurring Safety
Zones
The Captain of the Port Sector New
Orleans (COTP) proposes to amend
Table 5 of 33 CFR 165.801 to update the
table of annual firework displays and
other marine events in Coast Guard
Sector New Orleans. The current list of
annual and recurring safety zones in
Sector New Orleans is published in
Table 5 of 33 CFR 165.801. That most
recent table was created through the
interim final rule published on April 22,
2014 (79 FR 22398). The current Table
5 in 33 CFR 165.801 needs to be
amended to include new safety zones
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its safety zone regulations for
annual events in Coast Guard Sector
New Orleans’ area of responsibility.
This proposed rule would add four new
recurring safety zones and amend the
location or dates for two events already
listed in the table. This action is
daltland on DSKBBV9HB2PROD with PROPOSALS
SUMMARY:
Date
Saturday before Labor Day
July 4th ................................
VerDate Sep<11>2014
Baton Rouge Paddle Club
and Muddy water Paddle
Co./Big River Regional.
L’Auberge Casino Baton
Rouge/July 4th Celebration.
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III. Discussion of Proposed Rule
The COTP proposes to amend its
safety zone regulations for annual
events in Coast Guard Sector New
Orleans listed in Table 5 of 33 CFR
165.801. From time to time this section
needs to be amended to properly reflect
recurring safety zones in Sector New
Orleans’ area of responsibility. This rule
would add four new recurring safety
zones and amend the location or dates
of two safety zones already listed in the
current table. Other than the described
changes, the regulations of 33 CFR
165.801 and other provisions in Table 5
of § 165.801 would remain unchanged.
The Coast Guard proposes to revise
regulations in Table 5 of 33 CFR 165.801
by adding four new safety zones. The
safety zones being added to Table 5 are
below:
Sector New
Orleans
location
Sponsor/name
16:20 Sep 07, 2018
expected to recur annually and provide
new information on two existing safety
zones.
The proposed annually recurring
safety zones are necessary to provide for
the safety of life on navigable waters
during marine events. Based on the
nature of these marine events, large
numbers of participants and spectators,
and locations of the events, the COTP
has determined that the events listed in
this proposed rule could pose a risk to
participants or waterway users if the
normal vessel traffic were to interfere
with the events. Possible hazards
include risks of injury or death from
near or actual contact among participant
vessels and spectators or mariners
traversing through the safety zones. In
order to protect the safety of all
waterway users, including event
participants and spectators, this
proposed rule would establish safety
zones for the time and location of each
marine event.
This purpose of this proposed
rulemaking is to ensure the safety of
vessels on the navigable waters in the
safety zones during the scheduled
events. Vessels would not be permitted
to enter the safety zone unless
authorized by the COTP or a designated
representative. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
Safety zone
Baton Rouge, LA ...............
Mississippi River from mile marker 215 to 230.4,
Baton Rouge, LA.
Baton Rouge, LA ...............
Mississippi River from mile marker 216.0 to 217.5,
Baton Rouge, LA.
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules
Date
Safety zone
July 4th ................................
Madisonville Old Fashion
4th of July.
Madisonville, LA ................
Weekend before July 4th ....
Mandeville July 4th Celebration.
Mandeville, LA ...................
The Coast Guard also proposes to
revise regulations in Table 5 of 33 CFR
165.801 by amending two existing safety
zones listed in the table. The first safety
zone to be amended is tiled as St. John
the Baptist Parish Independence
Celebration Fireworks. This safety zone
is currently listed to occur at the
Tchefuncte
River,
at
approximate
position
30°24′11.63″ N 090°09′17.39 W, in front of the
Madisonville Town Hall.
Approximately 600′ off the shore of the Mandeville
Lakefront 30 21′12.03″ N 90 04′28.95″ W.
location of mile marker (MM) 175 to
MM 176 on the Lower Mississippi
River, above Head of Passes, Reserve,
LA. This location contains a typo,
which the Coast Guard proposes to
amend to reflect the correct location in
Reserve, LA. The second safety zone to
be amended is titled as Independence
Day Celebration, Main Street 4th of July
(Fireworks Display). The date for this
safety zone is currently listed as 4th of
July. The Coast Guard proposes to
amend the date format to conform to the
format of other dates listed in the table.
The proposed amendments are below:
Date
Sponsor/name
Sector New Orleans
location
Safety zone
2. July 3 .......................
St. John the Baptist Parish Independence
Celebration Fireworks.
Independence Day Celebration, Main Street
4th of July (Fireworks Display).
Reserve, LA ...............
Mississippi River from mile marker 137.5 to
138.5, Reserve, LA.
Morgan City Port Allen Route mile marker 0.0
to 1.0, Morgan City, LA.
5. July 4 .......................
The proposed amendments to these
safety zones are necessary to ensure the
safety of vessels, spectators, and
participants during annual events taking
place on or near the navigable waters in
Sector New Orleans’ area of
responsibility. Although this proposed
rule would be in effect year-round, the
specific safety zones listed in Table 5 of
33 CFR 165.801 would only be enforced
during a specified period of time
coinciding with the happening of the
annual events listed. In accordance with
the regulations listed in 33 CFR
165.801(a)–(d), entry into these safety
zones would be prohibited unless
authorized by the COTP or a designated
representative. The regulatory text of the
proposed updates to Table 5 of
§ 165.801 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.
daltland on DSKBBV9HB2PROD with PROPOSALS
Sector New
Orleans
location
Sponsor/name
45585
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
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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, location, and
duration of the safety zones. These
safety zones are limited in size and
duration, and are usually positioned
away from high vessel traffic zones.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zones, and the rule would allow vessels
to seek permission to enter the zones.
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 proposed
safety zones may be small entities, for
the reasons stated in section IV.A above,
this proposed rule would not have a
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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
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules
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.lD,
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
proposed 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 the establishment of safety
zones limiting access to certain areas in
Sector New Orleans’ area of
responsibility. 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
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 U.S. Coast Guard
proposes to amend 33 CFR part 165 as
follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 165.801, revise Table 5 to read
as follows:
■
TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES
Date
Sponsor/name
Sector New Orleans location
Safety zone
1. Monday before Mardi Gras ........
Riverwalk Marketplace/Lundi Gras
Fireworks Display.
St. John the Baptist/Independence Day celebration.
Riverfront Marketing Group/Independence Day Celebration.
Boomtown Casino/Independence
Day Celebration.
Independence Day Celebration,
Main Street 4th of July (Fireworks Display).
WBRZ—The Advocate 4th of July
Fireworks Display.
Mississippi River, New Orleans,
LA.
Mississippi River, Reserve, LA .....
Mississippi River mile marker 93.0
to 96.0, New Orleans, LA.
Mississippi River mile marker
137.5 to 138.5, Reserve, LA.
Mississippi River mile marker 94.3
to 95.3, New Orleans, LA.
Harvey Canal mile marker 4.0 to
5.0, Harvey, LA.
Morgan City Port Allen Route mile
marker 0.0 to 1.0, Morgan City,
LA.
In the vicinity of the USS Kidd,
the Lower Mississippi River
from mile marker 228.8 to
230.0, Baton Rouge, LA.
2. July 3rd ......................................
daltland on DSKBBV9HB2PROD with PROPOSALS
3. July 4th ......................................
4. July 4th ......................................
5. July 4th ......................................
6. July 4th ......................................
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Mississippi River, New Orleans,
LA.
Harvey Canal, Harvey, LA ............
Morgan City, LA ............................
Baton Rouge, LA ..........................
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules
45587
TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector New Orleans location
Safety zone
7. The Saturday before July 4th or
on July 4th if that day is a Saturday.
Independence Day Celebration/
Bridge Side Marine.
Grand Isle, LA ..............................
8. 1st Weekend of September .......
LA Shrimp and Petroleum Festival
Fireworks Display, LA Shrimp
and Petroleum Festival and Fair
Association.
Office of Mayor-President/Downtown Festival of Lights.
Morgan City, LA ............................
500 Foot Radius from the Pier located at Bridge Side Marine,
2012 LA Highway 1, Grand Isle,
LA (Lat: 29°12′14″ N; Long:
090°02′28.47″ W).
Atchafalaya River at mile marker
118.5, Morgan City, LA.
Crescent City Countdown Club/
New Year’s Celebration.
Boomtown Casino/New Year’s
Celebration.
USS Kidd Veterans Memorial/
Fourth of July Star-Spangled
Celebration.
Mississippi River, New Orleans,
LA.
Harvey Canal, Harvey, LA ............
Baton Rouge Paddle Club and
Muddy water Paddle Co./Big
River Regional.
L’Auberge Casino Baton Rouge/
July 4th Celebration.
Baton Rouge, LA ..........................
15. July 4th ....................................
Madisonville Old Fashion 4th of
July.
Madisonville, LA ...........................
16. Weekend before July 4th .........
Mandeville July 4th Celebration ...
Mandeville, LA ..............................
9.
1st Weekend in December
(Usually that Friday, subject to
change due to weather).
10. December 31st ........................
11. December 31st ........................
12. July 4th ....................................
13. Saturday before Labor Day .....
14. July 4th ....................................
Dated: August 10, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
BILLING CODE 9110–04–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1236
[FDMS No. NARA–18–0003; NARA–2018–
058]
RIN 3095–AB98
Electronic Records
National Archives and Records
Administration (NARA).
ACTION: Proposed rule.
daltland on DSKBBV9HB2PROD with PROPOSALS
AGENCY:
We are revising our electronic
records management regulation to
include standards for digitizing
temporary Federal records so that
agencies may dispose of the original
source records, where appropriate and
in accordance with the Federal Records
Act amendments of 2014.
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16:20 Sep 07, 2018
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Baton Rouge, LA ..........................
Baton Rouge, LA ..........................
Submit comments on or before
November 9, 2018.
ADDRESSES: You may submit comments
on this rule, identified by RIN 3095–
AB98, by any of the following methods:
D Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
D Email: Regulation_comments@
nara.gov. Include RIN 3095–AB98 in the
subject line of the message.
D Mail (for paper, disk, or CD–ROM
submissions): Send comments to:
Regulation Comments Desk (External
Policy Program, Strategy & Performance
Division (MP)); Suite 4100; National
Archives and Records Administration;
8601 Adelphi Road; College Park, MD
20740–6001.
Hand delivery or courier: Deliver
comments to front desk at 8601 Adelphi
Road, College Park, MD, addressed to:
Regulations Comments Desk, External
Policy Program; Suite 4100.
FOR FURTHER INFORMATION CONTACT:
Kimberly Keravuori, by email at
regulation_comments@nara.gov, or by
telephone at 301–837–3151. Contact
acps@nara.gov with any questions on
records management and digitization.
SUPPLEMENTARY INFORMATION:
DATES:
[FR Doc. 2018–19588 Filed 9–7–18; 8:45 am]
SUMMARY:
Baton Rouge, LA ..........................
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Located on Left Descending
Bank, Lower Mississippi River
north of the USS Kidd, at mile
marker 230, Baton Rouge, LA.
Mississippi River mile marker
93.5–96.5, New Orleans, LA.
Harvey Canal mile marker 4.0 to
5.0, Harvey, LA.
In the vicinity of the USS Kidd,
the Lower Mississippi River
from mile marker 228.8 to
230.0, Baton Rouge, LA.
Mississippi River from mile marker
215 to 230.4, Baton Rouge, LA
Mississippi River from mile marker
216.0 to 217.5, Baton Rouge,
LA
Tchefuncte River, at approximate
position
30°24′11.63″
N
090°09′17.39 W, in front of the
Madisonville Town Hall.
Approximately 600′ off the shore
of the Mandeville Lakefront 30
21′12.03″ N 90 04′28.95″ W
Background
In 2014, the Federal Records Act at 44
U.S.C. 3302 was amended by Public
Law 113–87 to require NARA to issue
standards for reproducing records
digitally ‘with a view toward the
disposal of original records.’ The
amendment applies to both temporary
and permanent records.
This rule proposes standards for
temporary records so that agencies may
establish appropriate processes for
digitizing temporary records. Temporary
records constitute the majority of
Federal records; agencies retain them for
a specific period of time, as established
by records schedules. At the end of the
scheduled retention period, temporary
records are then destroyed. Digitization
standards for temporary records ensure
that agencies can continue to use the
digital versions for the same purposes as
the original records for the duration of
that time period.
This rule would provide agencies
with guidance necessary to proceed
with significant digitization and
destruction projects for temporary
records. We are currently developing
standards for digitizing permanent
records, which we will publish as a
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]]>Agencies
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Proposed Rules]
[Pages 45584-45587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19588]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0736]
RIN 1625-AA00
Safety Zones; Coast Guard Sector New Orleans Annual and Recurring
Safety Zones
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend its safety zone regulations
for annual events in Coast Guard Sector New Orleans' area of
responsibility. This proposed rule would add four new recurring safety
zones and amend the location or dates for two events already listed in
the table. This action is necessary to protect spectators,
participants, and vessels from the hazards associated with annual
marine events. This proposed rulemaking would prohibit entry into the
safety zones during the events 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 October 10, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0736 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Captain of the Port Sector New Orleans (COTP) proposes to amend
Table 5 of 33 CFR 165.801 to update the table of annual firework
displays and other marine events in Coast Guard Sector New Orleans. The
current list of annual and recurring safety zones in Sector New Orleans
is published in Table 5 of 33 CFR 165.801. That most recent table was
created through the interim final rule published on April 22, 2014 (79
FR 22398). The current Table 5 in 33 CFR 165.801 needs to be amended to
include new safety zones expected to recur annually and provide new
information on two existing safety zones.
The proposed annually recurring safety zones are necessary to
provide for the safety of life on navigable waters during marine
events. Based on the nature of these marine events, large numbers of
participants and spectators, and locations of the events, the COTP has
determined that the events listed in this proposed rule could pose a
risk to participants or waterway users if the normal vessel traffic
were to interfere with the events. Possible hazards include risks of
injury or death from near or actual contact among participant vessels
and spectators or mariners traversing through the safety zones. In
order to protect the safety of all waterway users, including event
participants and spectators, this proposed rule would establish safety
zones for the time and location of each marine event.
This purpose of this proposed rulemaking is to ensure the safety of
vessels on the navigable waters in the safety zones during the
scheduled events. Vessels would not be permitted to enter the safety
zone unless authorized by the COTP or a designated representative. The
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to amend its safety zone regulations for annual
events in Coast Guard Sector New Orleans listed in Table 5 of 33 CFR
165.801. From time to time this section needs to be amended to properly
reflect recurring safety zones in Sector New Orleans' area of
responsibility. This rule would add four new recurring safety zones and
amend the location or dates of two safety zones already listed in the
current table. Other than the described changes, the regulations of 33
CFR 165.801 and other provisions in Table 5 of Sec. 165.801 would
remain unchanged.
The Coast Guard proposes to revise regulations in Table 5 of 33 CFR
165.801 by adding four new safety zones. The safety zones being added
to Table 5 are below:
----------------------------------------------------------------------------------------------------------------
Sector New Orleans
Date Sponsor/name location Safety zone
----------------------------------------------------------------------------------------------------------------
Saturday before Labor Day.......... Baton Rouge Paddle Baton Rouge, LA....... Mississippi River from mile
Club and Muddy water marker 215 to 230.4, Baton
Paddle Co./Big River Rouge, LA.
Regional.
July 4th........................... L'Auberge Casino Baton Baton Rouge, LA....... Mississippi River from mile
Rouge/July 4th marker 216.0 to 217.5,
Celebration. Baton Rouge, LA.
[[Page 45585]]
July 4th........................... Madisonville Old Madisonville, LA...... Tchefuncte River, at
Fashion 4th of July. approximate position
30[deg]24'11.63'' N
090[deg]09'17.39 W, in
front of the Madisonville
Town Hall.
Weekend before July 4th............ Mandeville July 4th Mandeville, LA........ Approximately 600' off the
Celebration. shore of the Mandeville
Lakefront 30 21'12.03'' N
90 04'28.95'' W.
----------------------------------------------------------------------------------------------------------------
The Coast Guard also proposes to revise regulations in Table 5 of
33 CFR 165.801 by amending two existing safety zones listed in the
table. The first safety zone to be amended is tiled as St. John the
Baptist Parish Independence Celebration Fireworks. This safety zone is
currently listed to occur at the location of mile marker (MM) 175 to MM
176 on the Lower Mississippi River, above Head of Passes, Reserve, LA.
This location contains a typo, which the Coast Guard proposes to amend
to reflect the correct location in Reserve, LA. The second safety zone
to be amended is titled as Independence Day Celebration, Main Street
4th of July (Fireworks Display). The date for this safety zone is
currently listed as 4th of July. The Coast Guard proposes to amend the
date format to conform to the format of other dates listed in the
table. The proposed amendments are below:
----------------------------------------------------------------------------------------------------------------
Sector New Orleans
Date Sponsor/name location Safety zone
----------------------------------------------------------------------------------------------------------------
2. July 3......................... St. John the Baptist Reserve, LA.......... Mississippi River from
Parish Independence mile marker 137.5 to
Celebration Fireworks. 138.5, Reserve, LA.
5. July 4......................... Independence Day Morgan City, LA...... Morgan City Port Allen
Celebration, Main Street Route mile marker 0.0 to
4th of July (Fireworks 1.0, Morgan City, LA.
Display).
----------------------------------------------------------------------------------------------------------------
The proposed amendments to these safety zones are necessary to
ensure the safety of vessels, spectators, and participants during
annual events taking place on or near the navigable waters in Sector
New Orleans' area of responsibility. Although this proposed rule would
be in effect year-round, the specific safety zones listed in Table 5 of
33 CFR 165.801 would only be enforced during a specified period of time
coinciding with the happening of the annual events listed. In
accordance with the regulations listed in 33 CFR 165.801(a)-(d), entry
into these safety zones would be prohibited unless authorized by the
COTP or a designated representative. The regulatory text of the
proposed updates to Table 5 of Sec. 165.801 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,
location, and duration of the safety zones. These safety zones are
limited in size and duration, and are usually positioned away from high
vessel traffic zones. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zones, and
the rule would allow vessels to seek permission to enter the zones.
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
proposed safety zones 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
[[Page 45586]]
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.lD, 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 proposed 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 the establishment of
safety zones limiting access to certain areas in Sector New Orleans'
area of responsibility. 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 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 U.S. 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. In Sec. 165.801, revise Table 5 to read as follows:
Table 5 of Sec. 165.801--Sector New Orleans Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
Sector New Orleans
Date Sponsor/name location Safety zone
----------------------------------------------------------------------------------------------------------------
1. Monday before Mardi Gras.......... Riverwalk Marketplace/ Mississippi River, New Mississippi River mile
Lundi Gras Fireworks Orleans, LA. marker 93.0 to 96.0,
Display. New Orleans, LA.
2. July 3rd.......................... St. John the Baptist/ Mississippi River, Mississippi River mile
Independence Day Reserve, LA. marker 137.5 to 138.5,
celebration. Reserve, LA.
3. July 4th.......................... Riverfront Marketing Mississippi River, New Mississippi River mile
Group/Independence Day Orleans, LA. marker 94.3 to 95.3,
Celebration. New Orleans, LA.
4. July 4th.......................... Boomtown Casino/ Harvey Canal, Harvey, Harvey Canal mile
Independence Day LA. marker 4.0 to 5.0,
Celebration. Harvey, LA.
5. July 4th.......................... Independence Day Morgan City, LA........ Morgan City Port Allen
Celebration, Main Route mile marker 0.0
Street 4th of July to 1.0, Morgan City,
(Fireworks Display). LA.
6. July 4th.......................... WBRZ--The Advocate 4th Baton Rouge, LA........ In the vicinity of the
of July Fireworks USS Kidd, the Lower
Display. Mississippi River from
mile marker 228.8 to
230.0, Baton Rouge,
LA.
[[Page 45587]]
7. The Saturday before July 4th or on Independence Day Grand Isle, LA......... 500 Foot Radius from
July 4th if that day is a Saturday. Celebration/Bridge the Pier located at
Side Marine. Bridge Side Marine,
2012 LA Highway 1,
Grand Isle, LA (Lat:
29[deg]12'14'' N;
Long:
090[deg]02'28.47'' W).
8. 1st Weekend of September.......... LA Shrimp and Petroleum Morgan City, LA........ Atchafalaya River at
Festival Fireworks mile marker 118.5,
Display, LA Shrimp and Morgan City, LA.
Petroleum Festival and
Fair Association.
9. 1st Weekend in December (Usually Office of Mayor- Baton Rouge, LA........ Located on Left
that Friday, subject to change due President/Downtown Descending Bank, Lower
to weather). Festival of Lights. Mississippi River
north of the USS Kidd,
at mile marker 230,
Baton Rouge, LA.
10. December 31st.................... Crescent City Countdown Mississippi River, New Mississippi River mile
Club/New Year's Orleans, LA. marker 93.5-96.5, New
Celebration. Orleans, LA.
11. December 31st.................... Boomtown Casino/New Harvey Canal, Harvey, Harvey Canal mile
Year's Celebration. LA. marker 4.0 to 5.0,
Harvey, LA.
12. July 4th......................... USS Kidd Veterans Baton Rouge, LA........ In the vicinity of the
Memorial/Fourth of USS Kidd, the Lower
July Star-Spangled Mississippi River from
Celebration. mile marker 228.8 to
230.0, Baton Rouge,
LA.
13. Saturday before Labor Day........ Baton Rouge Paddle Club Baton Rouge, LA........ Mississippi River from
and Muddy water Paddle mile marker 215 to
Co./Big River Regional. 230.4, Baton Rouge, LA
14. July 4th......................... L'Auberge Casino Baton Baton Rouge, LA........ Mississippi River from
Rouge/July 4th mile marker 216.0 to
Celebration. 217.5, Baton Rouge, LA
15. July 4th......................... Madisonville Old Madisonville, LA....... Tchefuncte River, at
Fashion 4th of July. approximate position
30[deg]24'11.63'' N
090[deg]09'17.39 W, in
front of the
Madisonville Town
Hall.
16. Weekend before July 4th.......... Mandeville July 4th Mandeville, LA......... Approximately 600' off
Celebration. the shore of the
Mandeville Lakefront
30 21'12.03'' N 90
04'28.95'' W
----------------------------------------------------------------------------------------------------------------
Dated: August 10, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-19588 Filed 9-7-18; 8:45 am]
BILLING CODE 9110-04-P
