Safety Zone; Lower Mississippi River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA, 48375-48377 [2018-20794]
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Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
D&C Yellow No. 8 continues to be
necessary to protect the public health.
V. Public Disclosure
In accordance with § 71.15(a) (21 CFR
71.15(a)), the petition and the
documents that we considered and
relied upon in reaching our decision to
approve the petition will be made
available for public disclosure (see
ADDRESSES). As provided in § 71.15(b),
we will delete from the documents any
materials that are not available for
public disclosure.
VI. Analysis of Environmental Impact
We previously considered the
environmental effects of this rule, as
stated in the May 31, 2017, Federal
Register notice of filing for CAP 7C0311
(82 FR 24912). We stated that we had
determined, under 21 CFR 25.32(l), that
this action ‘‘is of a type that does not
individually or cumulatively have a
significant effect on the human
environment’’ such that neither an
environmental assessment nor an
environmental impact statement is
required. We have not received any new
information or comments that would
affect our previous determination.
daltland on DSKBBV9HB2PROD with RULES
VII. Paperwork Reduction Act of 1995
This final rule contains no collection
of information. Therefore, clearance by
the Office of Management and Budget
under the Paperwork Reduction Act of
1995 is not required.
VIII. Objections
This rule is effective as shown in the
DATES section, except as to any
provisions that may be stayed by the
filing of proper objections. If you will be
adversely affected by one or more
provisions of this regulation, you may
file electronic objections to this docket
at https://www.regulations.gov, or
written objections with the Dockets
Management Staff (see ADDRESSES). You
must separately number each objection,
and within each numbered objection
you must specify with particularity the
provision(s) to which you object, and
the grounds for your objection. Within
each numbered objection, you must
specifically state whether you are
requesting a hearing on the particular
provision that you specify in that
numbered objection. If you do not
request a hearing for any particular
objection, you waive the right to a
hearing on that objection. If you request
a hearing, your objection must include
a detailed description and analysis of
the specific factual information you
intend to present in support of the
objection in the event that a hearing is
held. If you do not include such a
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description and analysis for any
particular objection, you waive the right
to a hearing on the objection.
Any objections received in response
to the regulation may be seen in the
Dockets Management Staff office
between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to
the docket at https://
www.regulations.gov. We will publish
notice of the objections that we have
received or lack thereof in the Federal
Register.
IX. References
The following references are on
display with the Dockets Management
Staff (see ADDRESSES) and are available
for viewing by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday; they are also available
electronically at https://
www.regulations.gov.
1. Memorandum from H. Lee, Chemistry
Review Team, Division of Petition
Review, Office of Food Additive Safety
(OFAS), CFSAN, FDA to M. Harry,
Division of Petition Review, OFAS,
CFSAN, FDA, July 3, 2018.
2. Memorandum from A. Khan, Toxicology
Team, Division of Petition Review,
OFAS, CFSAN, FDA to M. Harry,
Division of Petition Review, OFAS,
CFSAN, FDA, July 12, 2018.
List of Subjects in 21 CFR Part 74
Color additives, Cosmetics, Drugs.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under the
authority delegated to the Commissioner
of the Food and Drugs, 21 CFR part 74
is amended as follows:
48375
lenses fluoresce a yellow-green color.
The contact lens solution colored with
D&C Yellow No. 8 is distributed by
prescription only and used in
accordance with the supplied directions
for use. Contact lens solutions
containing D&C Yellow No. 8 are
intended for use only for coloring
contact lenses that are worn for
infrequent, celebratory occasions, and
not for regular or daily use.
(2) Authorization for this use shall not
be construed as waiving any of the
requirements of sections 510(k), 515,
and 520(g) of the Federal Food, Drug,
and Cosmetic Act with respect to the
contact lens solution in which the color
additive is used.
(c) Labeling. The label of the color
additive shall conform to the
requirements of § 70.25 of this chapter.
(d) Certification. All batches of D&C
Yellow No. 8 shall be certified in
accordance with regulations in part 80
of this chapter.
Dated: September 18, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–20767 Filed 9–24–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0619]
RIN 1625–AA00
PART 74—LISTING OF COLOR
ADDITIVES SUBJECT TO
CERTIFICATION
Safety Zone; Lower Mississippi River,
Mile Markers 94 to 95 Above Head of
Passes, New Orleans, LA
1. The authority citation for part 74
continues to read as follows:
AGENCY:
■
Authority: 21 U.S.C. 321, 341, 342, 343,
348, 351, 352, 355, 361, 362, 371, 379e.
2. Add § 74.3708 to subpart D to read
as follows:
■
§ 74.3708
D&C Yellow No. 8.
(a) Identity and specifications. The
color additive D&C Yellow No. 8 shall
conform in identity and specifications
to the requirements of § 74.1708(a)(1)
and (b).
(b) Uses and restrictions. (1) D&C
Yellow No. 8 may be safely used for
coloring contact lens solution for
coloring disposable daily-wear
hydrogel-based soft (hydrophilic)
contact lenses at a level not to exceed
0.044 percent in the contact lens
solution. Following excitation by
ultraviolet light, the colored contact
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ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing 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 regulation prohibits persons and
vessels from being in the safety zone
unless authorized by the Captain of the
Port Sector New Orleans or a designated
representative.
DATES: This rule is effective from 9 p.m.
through 10 p.m. on October 6, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
SUMMARY:
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Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
www.regulations.gov, type USCG–2018–
0619 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
If
you have questions about this
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.
FOR FURTHER INFORMATION CONTACT:
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
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II. Background, Purpose, and Legal
Basis
The Coast Guard was notified that
Zito Company, LLC 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 will be a safety concern for
anyone within a one-mile stretch of the
river.
In response, on July 19, 2018, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Lower Mississippi River,
Mile Markers 94 to 95 Above Head of
Passes, New Orleans, LA (83 FR 34092).
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
this fireworks display. During the
comment period that ended August 20,
2018 we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
fireworks display.
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16:30 Sep 24, 2018
Jkt 244001
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector New Orleans
(COTP) is establishing a temporary
safety zone from 9 p.m. through 10 p.m.
on October 6, 2018. The safety zone
covers 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
July 19, 2018. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone
from 9 p.m. to 10 p.m. on October 6,
2018. The safety zone covers 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 is 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.
V. Regulatory Analyses
We developed this 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.
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A. Regulatory Planning and Review
Executive Orders 13563 (‘‘Improving
Regulation and Regulatory Review’’)
and 12866 (‘‘Regulatory Planning and
Review’’) 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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’) directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
‘‘Guidance Implementing Executive
Order 13771, Titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (April 5, 2017).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 Mississippi River
for one hour on one evening. In
addition, vessel traffic seeking to transit
the area may seek permission from the
COTP or a 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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule would not have a significant
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Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations
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
V.A above, this 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 (Public Law 104–
121), we want to assist small entities in
understanding this rule 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule would not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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 rule under that Order and
have determined that it is consistent
with the fundamental federalism
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16:30 Sep 24, 2018
Jkt 244001
principles and preemption requirements
described in Executive Order 13132.
Also, this 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 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 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 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 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 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 Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
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48377
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 amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0619 to read as
follows:
■
§ 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 section 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, 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: September 19, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2018–20794 Filed 9–24–18; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48375-48377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20794]
=======================================================================
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 regulation prohibits persons
and vessels from being in the safety zone unless authorized by the
Captain of the Port Sector New Orleans or a designated representative.
DATES: This rule is effective from 9 p.m. through 10 p.m. on October 6,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://
[[Page 48376]]
www.regulations.gov, type USCG-2018-0619 in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
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
The Coast Guard was notified that Zito Company, LLC 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 will be a safety concern for anyone within a one-
mile stretch of the river.
In response, on July 19, 2018, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zone; Lower Mississippi
River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA (83
FR 34092). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to this fireworks display.
During the comment period that ended August 20, 2018 we received no
comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector New Orleans (COTP) is establishing
a temporary safety zone from 9 p.m. through 10 p.m. on October 6, 2018.
The safety zone covers 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
July 19, 2018. There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM.
This rule establishes a safety zone from 9 p.m. to 10 p.m. on
October 6, 2018. The safety zone covers 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 is 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.
V. Regulatory Analyses
We developed this 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 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. As this
rule is not a significant regulatory action, this rule is exempt from
the requirements of Executive Order 13771. See OMB's Memorandum
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).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
Mississippi River for one hour on one evening. In addition, vessel
traffic seeking to transit the area may seek permission from the COTP
or a 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant
[[Page 48377]]
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 V.A above, this 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 (Public Law 104-121), we want to assist small
entities in understanding this rule 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This 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 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 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 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 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 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 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
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 Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.
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.
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 amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0619 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 section 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, 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: September 19, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-20794 Filed 9-24-18; 8:45 am]
BILLING CODE 9110-04-P
