Safety Zones; Coast Guard Sector New Orleans Annual and Recurring Safety Zones Update, 55488-55491 [2018-24230]
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55488
Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Rules and Regulations
fiduciary before the transaction occurs,
instead of having an ERISA Special
Entity represent in writing that any
recommendation it receives from the
SBS Dealer involving a security-based
swap transaction will be evaluated by a
fiduciary before the transaction is
entered into.17
C. Safe Harbor for SBS Dealers and
Major SBS Participants Acting as
Counterparties to Special Entities
Rule 15Fh–5(b) provides a safe harbor
for SBS Entities acting as counterparties
to a special entity other than an ERISA
Special Entity. As set forth in Rule
15Fh–5(b)(1)(ii)(B), to avail itself of the
safe harbor the SBS Entity must among
other things, obtain written
representations from the representative
of the special entity (the ‘‘qualified
independent representative’’) that such
representative: (1) Meets the
independence test as required by Rule
15Fh–5(a)(1)(vii); (2) has the knowledge
required under Rule 15Fh–5(a)(1)(i); (3)
is not subject to a statutory
disqualification under Rule 15Fh–
5(a)(1)(ii); (4) undertakes a duty to act in
the best interests of the special entity as
required by Rule 15Fh–5(a)(1)(iii); and
(5) is subject to the requirements
regarding political contributions, as
applicable, under Rule 15Fh–5(a)(1)(vi).
It would not provide a basis for an
enforcement action with respect to
relying on the safe harbor in Rule 15Fh–
5(b)(1)(ii)(B) if, during the five years in
which this Commission position is in
effect, instead of obtaining these written
representations, an SBS Entity relies on
a written representation from the
qualified independent representative
that the representative has written
policies and procedures reasonably
designed to ensure that the
representative satisfies the requirements
for acting as a qualified independent
representative.18 This position is
applicable only to the written
representations set forth in Rule 15Fh–
5(b)(1)(ii)(B) and is only applicable
where the SBS Entity meets all other
Commission requirements as set forth in
Rule 15Fh–5(b).
By the Commission.
Dated: October 31, 2018.
Brent J. Fields,
Secretary.
D. Reliance on Previously-Obtained
Written Representations
SUMMARY:
Finally, Rule 15Fh–1(b), as noted
above, permits an SBS Entity to rely on
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written representations from the
counterparty or its representative to
satisfy its due diligence requirements
under Rules 15Fh–1 through 15Fh–6,
unless the SBS Entity has information
that would cause a reasonable person to
question the accuracy of the
representation. As the Commission
stated when adopting the rule, the
question of whether reliance on
representations that had been obtained
with respect to the CFTC’s Business
Conduct Rules would satisfy an SBS
Entity’s obligations under the SEC’s
Business Conduct Rules will depend on
the facts and circumstances of the
particular matter.19 The Commission’s
position is that, for purposes of Rule
15Fh–1(b), it would not provide a basis
for an enforcement action if, during the
five years in which this Commission
position is in effect, an SBS Dealer relies
on representations from a counterparty
or representative that were previously
provided in relation to swaps if the SBS
Dealer is not aware of information that
would cause a reasonable person to
question the accuracy of the
representation if the representation were
given in relation to security-based
swaps.20
17 See Rule 15Fh–2(a)(1)(iii)(B). This written
representation mirrors the requirement set forth in
CFTC Regulation 23.440(b), the analogous provision
to Rule 15Fh–2(a)(1)(iii)(B).
18 The Commission notes that this written
representation is already required by Rule 15Fh–
5(b)(1)(ii)(A), and mirrors the analogous
requirement set forth in CFTC Regulation at 17 CFR
23.450(d)(1)(ii)(A).
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BILLING CODE 8011–01–P
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 Update
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
its safety zone regulations for annual
events in Coast Guard Sector New
Orleans’ area of responsibility. This rule
adds four new recurring safety zones
and amends the location or dates for
two events already listed in the table.
This action is necessary to protect
19 See
Adopting Release, 81 FR at 29976.
position applies equally to the written
representations addressed in Sections II.B. and C.,
supra.
20 This
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spectators, participants, and vessels
from the hazards associated with annual
marine events. This 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.
DATES: This rule is effective December 6,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0736 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 rule, 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
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Captain of the Port Sector New
Orleans (COTP) is amending 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’ area of responsibility. 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 will
be amended to include new safety zones
expected to recur annually and provide
new information on two existing safety
zones.
On September 10, 2018, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zones;
Coast Guard Sector New Orleans
Annual and Recurring Safety Zones (83
FR 45584). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this change to the
annual and reoccurring safety zones
listed in Table 5 of 33 CFR 165.801.
During the comment period that ended
on October 10, 2018, we received no
comments.
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Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Rules and Regulations
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) has determined that it is
necessary 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’ area of responsibility. 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
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
September 10, 2018. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule amends the 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 will 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 revises 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:
Date
Sponsor/name
Sector New Orleans
location
Safety zone
Saturday before Labor
Day.
July 4th ........................
Baton Rouge Paddle Club and Muddy water
Paddle Co./Big River Regional.
L’Auberge Casino Baton Rouge/July 4th
Celebration.
Madisonville Old Fashioned 4th of July ..........
Baton Rouge, LA ........
Mandeville July 4th Celebration ......................
Mandeville, 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.
July 4th ........................
Weekend before July
4th.
The Coast Guard revises 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
Baton Rouge, LA ........
Madisonville, LA .........
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 amends 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 amends the date format to
conform to the format of other dates
listed in the table. The 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 .......................
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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.
55489
The 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 rule will be in effect year-round, the
specific safety zones listed in Table 5 of
33 CFR 165.801 will 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) through (d), entry into these
safety zones is prohibited unless
authorized by the COTP or a designated
representative. The regulatory text of the
updates to Table 5 of § 165.801 appears
at the end of this document.
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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 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 rule has not
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been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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.
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55490
Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Rules and Regulations
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 will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zones may be small entities, for the
reasons stated in section IV.A above,
this rule would not have a significant
economic impact on any vessel owner
or operator.
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 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 will 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 does 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.
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined 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 the
establishment of safety zones limiting
access to certain areas in Sector New
Orleans’ area of responsibility. 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.
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
will 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
§ 165.801 Annual fireworks displays and
other events in the Eighth Coast Guard
District requiring safety zones.
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. In § 165.801, revise Table 5 to read
as follows:
■
*
*
*
*
*
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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.
Mississippi River, New Orleans, LA.
Mississippi River, Reserve,
LA.
Mississippi River, New Orleans, LA.
Harvey Canal, Harvey, 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.
2. July 3rd ..............................
3. July 4th ..............................
4. July 4th ..............................
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Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / Rules and Regulations
55491
TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector New Orleans location
Safety zone
5. July 4th ..............................
Independence Day Celebration, Main
Street 4th of July (Fireworks Display).
Morgan City, LA ...................
6. July 4th ..............................
WBRZ—The Advocate 4th of July Fireworks Display.
Baton Rouge, LA ..................
7. The Saturday before July
4th or on July 4th if that
day is a Saturday.
Independence Day
Side Marine.
Celebration/Bridge
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 ...................
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.
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, LA ..................
15. July 4th ............................
Baton Rouge Paddle Club and Muddy
Water Paddle Co./Big River Regional.
L’Auberge Casino Baton Rouge/July 4th
Celebration.
Madisonville Old Fashioned 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: October 31, 2018.
W.E. Watson,
Captain, U.S. Coast Guard, Acting Captain
of the Port Sector New Orleans.
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0538; FRL–9982–75]
Fludioxonil; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
khammond on DSK30JT082PROD with RULES
AGENCY:
This regulation establishes
revised tolerances for residues of
fludioxonil in or on beet, sugar, roots at
4.0 parts per million. Syngenta Crop
Protection, LLC requested this tolerance
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
VerDate Sep<11>2014
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Baton Rouge, LA ..................
Baton Rouge, LA ..................
This regulation is effective
November 6, 2018. Objections and
requests for hearings must be received
on or before January 7, 2019, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0538, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
DATES:
[FR Doc. 2018–24230 Filed 11–5–18; 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.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
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]]>Agencies
[Federal Register Volume 83, Number 215 (Tuesday, November 6, 2018)]
[Rules and Regulations]
[Pages 55488-55491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24230]
=======================================================================
-----------------------------------------------------------------------
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 Update
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending its safety zone regulations for
annual events in Coast Guard Sector New Orleans' area of
responsibility. This rule adds four new recurring safety zones and
amends 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
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.
DATES: This rule is effective December 6, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0736 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 rule,
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 Information and Regulatory History
The Captain of the Port Sector New Orleans (COTP) is amending 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' area of
responsibility. 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
will be amended to include new safety zones expected to recur annually
and provide new information on two existing safety zones.
On September 10, 2018, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zones; Coast Guard Sector New
Orleans Annual and Recurring Safety Zones (83 FR 45584). There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this change to the annual and reoccurring
safety zones listed in Table 5 of 33 CFR 165.801. During the comment
period that ended on October 10, 2018, we received no comments.
[[Page 55489]]
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) has determined
that it is necessary 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' area of responsibility. 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
September 10, 2018. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule amends the 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 will 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 revises 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:
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Sector New Orleans
Date Sponsor/name location Safety zone
----------------------------------------------------------------------------------------------------------------
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.
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.
July 4th............................. Madisonville Old Madisonville, LA....... Tchefuncte River, at
Fashioned 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
Celebration. the shore of the
Mandeville Lakefront
30[deg]21'12.03'' N
90[deg]04' 28.95'' W.
----------------------------------------------------------------------------------------------------------------
The Coast Guard revises 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 amends 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 amends the date format to conform to
the format of other dates listed in the table. The 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 Route mile marker 0.0
Street 4th of July to 1.0, Morgan City,
(Fireworks Display). LA.
----------------------------------------------------------------------------------------------------------------
The 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 rule will be in effect year-
round, the specific safety zones listed in Table 5 of 33 CFR 165.801
will 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) through (d), entry into these
safety zones is prohibited unless authorized by the COTP or a
designated representative. The regulatory text of the updates to Table
5 of Sec. 165.801 appears at the end of this document.
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 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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.
[[Page 55490]]
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 will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zones may be small entities, for the reasons stated in section
IV.A above, this rule would not have a significant economic impact on
any vessel owner or operator.
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 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 will 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 does 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 will 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 determined 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
the establishment of safety zones limiting access to certain areas in
Sector New Orleans' area of responsibility. 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. In Sec. 165.801, revise Table 5 to read as follows:
Sec. 165.801 Annual fireworks displays and other events in the
Eighth Coast Guard District requiring safety zones.
* * * * *
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.
[[Page 55491]]
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.
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
Fashioned 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[deg]21'12.03'' N
90[deg]04' 28.95'' W.
----------------------------------------------------------------------------------------------------------------
Dated: October 31, 2018.
W.E. Watson,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector New
Orleans.
[FR Doc. 2018-24230 Filed 11-5-18; 8:45 am]
BILLING CODE 9110-04-P
