Special Local Regulation; Lake Pontchartrain, New Orleans, LA, 6989-6992 [2019-03645]

Download as PDF Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Proposed Rules FOR FURTHER INFORMATION CONTACT: NATIONAL MEDIATION BOARD Concerning the proposed regulations, Jeffrey P. Cowan, Office of Associate Chief Counsel (International) at (202) 317–4924 (not a toll-free number); concerning information on the hearing Regina Johnson at (202) 317–6901 (not toll-free numbers) and/or to be placed on the building access list to attend the hearing, email Regina.L.Johnson@ IRSCOUNSEL.TREAS.GOV). The notice of proposed rulemaking appeared in the Federal Register on Friday, December 7, 2018 (83 FR 63200). The subject of the public hearing concerns proposed regulations that provide guidance related to the Foreign Tax Credit, including guidance implementing changes made by the Tax Cuts and Jobs Act. The public comment period for these regulations ended on February 5, 2019. The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons who wish to present oral comments at the hearing that submitted written comments by February 5, 2019, must submit an outline of the topics to be addressed and the amount of time to be devoted to each topic by Friday, March 8, 2019. A period of 10 minutes is allotted to each person for presenting oral comments. After the deadline for receiving outlines has passed, the IRS will prepare an agenda containing the schedule of speakers. Copies of the agenda will be made available, free of charge, at the hearing or by contacting the Publications and Regulations Branch at (202) 317–6901 (not a toll-free number) or emailing Regina.L.Johnson@ IRSCOUNSEL.TREAS.GOV). Because of access restrictions, the IRS will not admit visitors beyond the immediate entrance area more than 30 minutes before the hearing starts. For information about having your name placed on the building access list to attend the hearing, see the FOR FURTHER INFORMATION CONTACT section of this document. jbell on DSK30RV082PROD with PROPOSALS SUPPLEMENTARY INFORMATION: Martin V. Franks, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. 2019–03769 Filed 2–27–19; 11:15 am] BILLING CODE 4830–01–P VerDate Sep<11>2014 17:12 Feb 28, 2019 Jkt 247001 29 CFR Part 1206 [Docket No. C–7198] RIN 3140–AA01 Representation Procedures and Rulemaking Authority National Mediation Board. Proposed rule; notice of public hearing. AGENCY: ACTION: SUMMARY: The National Mediation Board (NMB or Board) extends an invitation to interested parties to attend an open public hearing with the Board and its staff on March 28, 2019. The hearing will be held in Training Rooms 2 & 3 located on the 1st Floor of the Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005. During the hearing, the NMB invites interested persons to share their views on the proposed rules changes related to the decertification of representatives. The hearing will be held on Thursday, March 28, 2019 from 10 a.m. to 4 p.m. Due to time and seating considerations, individuals desiring to attend the hearing, or to make a presentation before the Board, must notify the NMB staff, no later than 4 p.m. EDT on Friday, March 22, 2019. ADDRESSES: The hearing will be held in the Training Rooms 2 & 3 located on the 1st Floor of the Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington, DC 20005. Requests to attend the hearing must be addressed to Mary Johnson, General Counsel, National Mediation Board, 1301 K Street NW, Suite 250-East, Washington, DC 20005. Written requests may also be made electronically to legal@nmb.gov. All communications must include Docket No. C–7198. FOR FURTHER INFORMATION CONTACT: Mary Johnson, General Counsel, National Mediation Board, 202–692– 5050, legal@nmb.gov. SUPPLEMENTARY INFORMATION: The National Mediation Board will hold an open public hearing on Thursday, March 28, 2019, from 10 a.m. until 4 p.m. The purpose of the hearing will be to solicit views of interested persons concerning proposed rule changes. On Thursday, January 31, 2019, the NMB issued a Notice of Proposed Rulemaking (NPRM) (84 FR 612), proposing to amend its rules in relation to decertifying representatives. These rule changes are proposed to be codified at 29 CFR part 1206. In addition to the comment procedure outlined in the DATES: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 6989 NPRM, the NMB is providing another opportunity for interested persons to provide their views to the Board on this important matter. Individuals desiring to attend the hearing must notify the NMB staff, in writing, at the above listed physical or email address no later than 4p.m. EDT on March 22, 2019. If the individual desires to make a presentation to the Board at the hearing, he or she is required to submit a brief outline of the presentation when making the request. In addition, a full written statement must be submitted no later than 4 p.m. on Friday, March 22, 2019. In lieu of making an oral presentation, individuals may submit a written statement for the record. To attend the hearing, all potential attendees must include in their request: (1) Their full name and (2) organizational affiliation (if any). Attendees are reminded to bring a photo identification card with them to the public hearing in order to gain admittance to the building. Due to the time and potential space limitations in the hearing room, the NMB will notify individuals of their attendance and/or speaking status (i.e., preliminary time for their presentation) prior to the hearing. Individuals should be prepared to summarize their written statements at the hearing. Agenda: The hearing will be limited to issues related to the NMB’s proposed rule changes appearing in the Federal Register on January 31, 2019 at 84 FR 612. Dated: February 26, 2019. Mary Johnson, General Counsel, National Mediation Board. [FR Doc. 2019–03710 Filed 2–28–19; 8:45 am] BILLING CODE 7550–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2019–0058] RIN 1625–AA08 Special Local Regulation; Lake Pontchartrain, New Orleans, LA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposed to establish a temporary special local regulation for certain navigable waters of Lake Pontchartrain in New Orleans, LA. This action is necessary to protect E:\FR\FM\01MRP1.SGM 01MRP1 6990 Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Proposed Rules persons and vessels from potential hazards created by the Kenner Super Boat Grand Prix Race. Entry of vessels or persons into this zone would be prohibited 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 April 1, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2019–0058 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 jbell on DSK30RV082PROD with PROPOSALS II. Background, Purpose, and Legal Basis On January 19, 2019, Super Boat International Productions (SBIP) notified the Coast Guard that it would be conducting the Kenner Super Boat Grand Prix boat race from 10 a.m. to 5 p.m. on June 23, 2019. The race will take place on Lake Pontchartrain within the following coordinates: 30°03.056′ N/ 090°15.489′ W to 30°02.500′ N/ 090°13.547′ W to 30°02.717′ N/ 090°13.460′ W to 30°03.252′ N/ 090°15.374′ W. The Captain of the Port Sector New Orleans (COTP) has determined that potential hazards associated with the race would be a safety concern for anyone within the aforementioned coordinates. The Coast Guard proposes this rulemaking under authority in 46 U.S.C. 70041(a). III. Discussion of Proposed Rule The COTP proposes to establish a temporary special regulation in the specified area from 10 a.m. to 5 p.m. on June 23, 2019. The race zone would VerDate Sep<11>2014 17:12 Feb 28, 2019 Jkt 247001 cover all navigable waters within the following coordinates on Lake Pontchartrain in New Orleans, LA: 30°03.056′ N/090°15.489′ W to 30°02.500′ N/090°13.547′ W to 30°02.717′ N/090°13.460′ W to 30°03.252′ N/090°15.374′ W. The duration of the area is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled marine event. Only predesignated vessel(s) or person(s) would be permitted within the safety zone. The sponsor would designate a spectator zone on the north side of the race zone, as defined by the aforementioned coordinates, for vessels. No additional vessel(s) or person(s) would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector New Orleans. Vessels requiring entry into this regulated area must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67 or by telephone at (504) 365–2200. Persons and vessels permitted to enter this regulated area must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. No spectator vessel would be allowed to anchor, block, loiter, or impede the through transit of participants or a designated patrol vessel in the regulated area during the effective dates and times, unless cleared for entry by the COTP or the designated representative. Any spectator vessel may anchor outside the regulated area. Spectator vessels might be moored to a waterfront facility within the regulated area in such a way that they would not interfere with the progress of the event. Such mooring would have to be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event. The COTP or a designated representative might forbid and control the movement of all vessels in the regulated area. When hailed or signaled by a designated patrol vessel, a vessel would come to an immediate stop and comply with the directions given. Failure to do so might result in expulsion from the area, citation for failure to comply, or both. The COTP or a designated representative might terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 property. The COTP or a designated representative would terminate enforcement of the special local regulations at the conclusion of the event. The COTP or a designated representative would inform the public of the effective period for the safety zone as well as any changes in the dates and times of enforcement through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. The regulatory text we are proposing appears at the end of this document. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size and duration of the temporary special local regulation. The regulated area would cover a small area of the navigable waters within the following coordinates on Lake Pontchartrain in New Orleans, LA: 30°03.056′ N/090°15.489′ W to 30°02.500′ N/090°13.547′ W to 30°02.717′ N/090°13.460′ W to 30°03.252′ N/090°15.374′ W. The duration of the regulated area would be seven hours on one day and would not be expected to significantly affect the vessel traffic on Lake Pontchartrain. The COTP would allow entry into the area on a case-by-case basis. Moreover, the Coast Guard would issue a Local Notice to Mariners (LNM), Marine Safety Information Bulletins (MSIBs), and/or Broadcast Notice to Mariners (BNM) via VHF–FM marine channel 16 about the zone. This would allow waterway users to plan accordingly for transits during this restriction. E:\FR\FM\01MRP1.SGM 01MRP1 Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Proposed Rules B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the temporary regulated area 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). jbell on DSK30RV082PROD with PROPOSALS D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental VerDate Sep<11>2014 17:12 Feb 28, 2019 Jkt 247001 federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a temporary specially regulated area lasting seven hours that would prohibit entry into the area within the following coordinates: 30°03.056′ N/ 090°15.489′ W to 30°02.500′ N/ 090°13.547′ W to 30°02.717′ N/ 090°13.460′ W to 30° 03.252′ N/ 090°15.374′ W. This action is categorically excluded from further review under L61 of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 6991 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 is amended to read as follows: ■ E:\FR\FM\01MRP1.SGM 01MRP1 6992 Federal Register / Vol. 84, No. 41 / Friday, March 1, 2019 / Proposed Rules Authority: 46 U.S.C. 70041(a). 2. Add § 100.T08–0058 to read as follows: ■ jbell on DSK30RV082PROD with PROPOSALS § 100.T08–0058 Special Local Regulation; Lake Pontchartrain, New Orleans, LA. (a) Location. The following area is a special local regulation: 30°03.056′ N/ 090°15.489′ W to 30°02.500′ N/ 090°13.547′ W to 30°02.717′ N/0 90°13.460′ W to 30°03.252′ N/090°′ 15.374′ W. (b) Effective period. This section is effective from 10 a.m. through 5 p.m. on June 23, 2019. (c) Regulations. (1) In accordance with the general regulations in § 100.35 of this part, entry into or remaining within this regulated area is prohibited unless 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 regulated area must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67 or by telephone at (504) 365–2200. (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. (4) No spectator vessel is allowed to anchor, block, loiter, or impede the through transit of participants or a designated patrol vessel in the regulated area during the effective dates and times, unless cleared for entry by the COTP or the designated representative. (5) Any spectator vessel may anchor outside the regulated area. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they do not interfere with the progress of the event. Such mooring have to be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event. (6) The COTP or a designated representative may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by a designated patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (7) The COTP or a designated representative may terminate the event or the operation of any vessel at any time it is deemed necessary for the VerDate Sep<11>2014 17:12 Feb 28, 2019 Jkt 247001 protection of life or property. The COTP or a designated representative will terminate enforcement of the special local regulations at the conclusion of the event. (d) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this regulated area through Broadcast Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as appropriate. Thorogood, Bridge Administration Branch Fifth District, Coast Guard, telephone 757–398–6557, email Michael.R.Thorogood@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations FR Federal Register NPRM Notice of Proposed Rulemaking § Section U.S.C. United States Code Comments and related material must reach the Coast Guard on or before April 1, 2019. The Coast Guard anticipates that this proposed rule will be effective from 8 a.m. on February 15, 2019, through 7:59 a.m. on September 17, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2018–0228 using Federal eRulemaking Portal at https://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. II. Background, Purpose and Legal Basis On April 26, 2018, the Coast Guard published a temporary deviation entitled ‘‘Drawbridge Operation Regulation; Delaware River, Burlington, NJ and Bristol, PA’’ in the Federal Register (83 FR 18226). This temporary deviation was to facilitate bridge maintenance and painting of the vertical lift span of the drawbridge from May 1, 2018, through September 30, 2018. During the planned maintenance period, a work platform would have reduced one half of the bridge span vertical clearance to approximately 58 feet above mean high water in the closed position and approximately 132 feet above mean high water in the open position. On August 9, 2018, the Coast Guard published a cancellation of the temporary deviation entitled ‘‘Drawbridge Operation Regulation; Delaware River, Burlington NJ and Bristol, PA’’ in the Federal Register (83 FR 18226), in the Federal Register (83 FR 39361). The temporary deviation was cancelled due to delays in performing bridge maintenance outside the navigation span, thereby eliminating the need for a temporary deviation to facilitate bridge maintenance in the navigation span. Due to the cancellation of the work, the platform was not installed and the bridge is operating under its regular operating schedule in 33 CFR 117.716 (a). In accordance with 33 CFR 117.35(e), the drawbridge was returned to its regular operating schedule upon publication of the cancellation. The Burlington County Bridge Commission, who owns and operates the SR 413/Burlington-Bristol Bridge across the Delaware River, mile 117.8, between Burlington, NJ and Bristol, PA, has requested this modification to allow the drawbridge to be maintained in the closed-to-navigation position to facilitate maintenance and painting of the vertical lift span of the drawbridge. If you have questions on this proposed rule, call or email Mr. Michael III. Discussion of Proposed Rule The SR 413/Burlington-Bristol Bridge across the Delaware River, mile 117.8, Dated: February 22, 2019. K.M. Luttrell, Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans. [FR Doc. 2019–03645 Filed 2–28–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0228] RIN 1625–AA09 Drawbridge Operation Regulation; Delaware River, Burlington, NJ and Bristol, PA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to modify the operating schedule that governs the SR 413/Burlington-Bristol Bridge across the Delaware River, mile 117.8, between Burlington, NJ and Bristol, PA. This proposed modification will allow the drawbridge to be maintained in closed-to-navigation and is necessary to accommodate bridge maintenance. DATES: FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\01MRP1.SGM 01MRP1

Agencies

[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Proposed Rules]
[Pages 6989-6992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03645]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0058]
RIN 1625-AA08


Special Local Regulation; Lake Pontchartrain, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposed to establish a temporary special 
local regulation for certain navigable waters of Lake Pontchartrain in 
New Orleans, LA. This action is necessary to protect

[[Page 6990]]

persons and vessels from potential hazards created by the Kenner Super 
Boat Grand Prix Race. Entry of vessels or persons into this zone would 
be prohibited 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 April 1, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0058 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Commander Benjamin 
Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, 
email Benjamin.P.Morgan@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 19, 2019, Super Boat International Productions (SBIP) 
notified the Coast Guard that it would be conducting the Kenner Super 
Boat Grand Prix boat race from 10 a.m. to 5 p.m. on June 23, 2019. The 
race will take place on Lake Pontchartrain within the following 
coordinates: 30[deg]03.056' N/090[deg]15.489' W to 30[deg]02.500' N/
090[deg]13.547' W to 30[deg]02.717' N/090[deg]13.460' W to 
30[deg]03.252' N/090[deg]15.374' W. The Captain of the Port Sector New 
Orleans (COTP) has determined that potential hazards associated with 
the race would be a safety concern for anyone within the aforementioned 
coordinates. The Coast Guard proposes this rulemaking under authority 
in 46 U.S.C. 70041(a).

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary special regulation in 
the specified area from 10 a.m. to 5 p.m. on June 23, 2019. The race 
zone would cover all navigable waters within the following coordinates 
on Lake Pontchartrain in New Orleans, LA: 30[deg]03.056' N/
090[deg]15.489' W to 30[deg]02.500' N/090[deg]13.547' W to 
30[deg]02.717' N/090[deg]13.460' W to 30[deg]03.252' N/090[deg]15.374' 
W. The duration of the area is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the scheduled 
marine event. Only predesignated vessel(s) or person(s) would be 
permitted within the safety zone. The sponsor would designate a 
spectator zone on the north side of the race zone, as defined by the 
aforementioned coordinates, for vessels. No additional vessel(s) or 
person(s) would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Sector New Orleans. Vessels requiring entry into this regulated area 
must request permission from the COTP or a designated representative. 
They may be contacted on VHF-FM Channel 16 or 67 or by telephone at 
(504) 365-2200. Persons and vessels permitted to enter this regulated 
area must transit at their slowest safe speed and comply with all 
lawful directions issued by the COTP or the designated representative. 
No spectator vessel would be allowed to anchor, block, loiter, or 
impede the through transit of participants or a designated patrol 
vessel in the regulated area during the effective dates and times, 
unless cleared for entry by the COTP or the designated representative. 
Any spectator vessel may anchor outside the regulated area. Spectator 
vessels might be moored to a waterfront facility within the regulated 
area in such a way that they would not interfere with the progress of 
the event. Such mooring would have to be complete at least 30 minutes 
prior to the establishment of the regulated area and remain moored 
through the duration of the event.
    The COTP or a designated representative might forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by a designated patrol vessel, a vessel would come to an 
immediate stop and comply with the directions given. Failure to do so 
might result in expulsion from the area, citation for failure to 
comply, or both. The COTP or a designated representative might 
terminate the event or the operation of any vessel at any time it is 
deemed necessary for the protection of life or property. The COTP or a 
designated representative would terminate enforcement of the special 
local regulations at the conclusion of the event.
    The COTP or a designated representative would inform the public of 
the effective period for the safety zone as well as any changes in the 
dates and times of enforcement through Local Notice to Mariners (LNMs), 
Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information 
Bulletins (MSIBs) as appropriate.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size and 
duration of the temporary special local regulation. The regulated area 
would cover a small area of the navigable waters within the following 
coordinates on Lake Pontchartrain in New Orleans, LA: 30[deg]03.056' N/
090[deg]15.489' W to 30[deg]02.500' N/090[deg]13.547' W to 
30[deg]02.717' N/090[deg]13.460' W to 30[deg]03.252' N/090[deg]15.374' 
W. The duration of the regulated area would be seven hours on one day 
and would not be expected to significantly affect the vessel traffic on 
Lake Pontchartrain. The COTP would allow entry into the area on a case-
by-case basis. Moreover, the Coast Guard would issue a Local Notice to 
Mariners (LNM), Marine Safety Information Bulletins (MSIBs), and/or 
Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16 about 
the zone. This would allow waterway users to plan accordingly for 
transits during this restriction.

[[Page 6991]]

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
temporary regulated area may be small entities, for the reasons stated 
in section IV.A above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves a temporary specially 
regulated area lasting seven hours that would prohibit entry into the 
area within the following coordinates: 30[deg]03.056' N/090[deg]15.489' 
W to 30[deg]02.500' N/090[deg]13.547' W to 30[deg]02.717' N/
090[deg]13.460' W to 30[deg] 03.252' N/090[deg]15.374' W. This action 
is categorically excluded from further review under L61 of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 is amended to read as follows:


[[Page 6992]]


    Authority:  46 U.S.C. 70041(a).

0
2. Add Sec.  100.T08-0058 to read as follows:


Sec.  100.T08-0058   Special Local Regulation; Lake Pontchartrain, New 
Orleans, LA.

    (a) Location. The following area is a special local regulation: 
30[deg]03.056' N/090[deg]15.489' W to 30[deg]02.500' N/090[deg]13.547' 
W to 30[deg]02.717' N/0 90[deg]13.460' W to 30[deg]03.252' N/090[deg]' 
15.374' W.
    (b) Effective period. This section is effective from 10 a.m. 
through 5 p.m. on June 23, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, entry into or remaining within this 
regulated area is prohibited unless 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 regulated area must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67 or by telephone at (504) 365-2200.
    (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.
    (4) No spectator vessel is allowed to anchor, block, loiter, or 
impede the through transit of participants or a designated patrol 
vessel in the regulated area during the effective dates and times, 
unless cleared for entry by the COTP or the designated representative.
    (5) Any spectator vessel may anchor outside the regulated area. 
Spectator vessels may be moored to a waterfront facility within the 
regulated area in such a way that they do not interfere with the 
progress of the event. Such mooring have to be complete at least 30 
minutes prior to the establishment of the regulated area and remain 
moored through the duration of the event.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by a designated patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, citation for failure to comply, 
or both.
    (7) The COTP or a designated representative may terminate the event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life or property. The COTP or a designated 
representative will terminate enforcement of the special local 
regulations at the conclusion of the event.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
regulated area through Broadcast Notices to Mariners (BNMs), Local 
Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins 
(MSIBs), as appropriate.

    Dated: February 22, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-03645 Filed 2-28-19; 8:45 am]
 BILLING CODE 9110-04-P
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