Safety Zone; Lower Mississippi River, New Orleans, LA, 24389-24391 [2019-11005]
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
(m) Compliance with reporting
obligations—(1) In general. A CPEO
must agree to make reports to the IRS
and to its clients as provided in section
3511(g) and § 31.3511–1 of this chapter,
including filing all federal employment
tax returns and information returns as
required.
(2) Filing on magnetic media. A CPEO
must file all returns, schedules, reports,
and other forms and documents on
magnetic media when required by
section 3511(g) and § 31.3511–1 of this
chapter, other Treasury regulations, or
other guidance.
(n) Suspension and revocation—(1) In
general. The IRS may suspend or revoke
the certification of any CPEO, in the
time and manner and under the
circumstances prescribed by the
Commissioner in this section and in
further guidance, as a result of one or
more failures to meet any of the
requirements for CPEOs described in
this section, section 3511(g), § 31.3511–
1 of this chapter, and any further
guidance and will suspend or revoke
certification if the IRS determines, in its
sole discretion, that such failure(s)
present a material risk to the IRS’s
collection of federal employment taxes.
See paragraph (b) of this section for the
factors the IRS will consider in
determining whether one or more
failures to meet any of the requirements
described in this section presents a
material risk to the IRS’s collection of
federal employment taxes.
(2) Suspension. Section 3511 will not
apply to any contract described in
section 7705(e)(2) into which the CPEO
enters while its certification is
suspended.
(3) Revocation. If an organization’s
certification as a CPEO is revoked, the
organization will not be considered a
CPEO for purposes of section 3511
unless and until it again applies to be
certified as a CPEO in accordance with
paragraph (a) of this section and is again
certified by the IRS as meeting the
requirements of this section. An
organization whose certification as a
CPEO has been revoked may not reapply
to be certified as a CPEO until one year
has passed after the effective date of its
revocation.
(4) Disclosure of suspension and
revocation—(i) Notification by the
CPEO. An organization whose
certification as a CPEO has been
suspended or revoked must notify its
customers of such suspension or
revocation in the time and manner
prescribed by the Commissioner in
further guidance.
(ii) Disclosure by the IRS. If the IRS
suspends or revokes an organization’s
certification as a CPEO, the IRS will
VerDate Sep<11>2014
16:03 May 24, 2019
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make available to the public the fact of
such suspension or revocation in the
time and manner described in further
guidance. The IRS may also separately
notify the organization’s customers of
such suspension or revocation.
(o) Applicability date. The rules in
this section apply on and after May 3,
2019.
§ 301.7705–1T
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0243]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
New Orleans, LA
[Removed]
Par. 5. Section 301.7705–1T is
removed.
AGENCY:
§ 301.7705–2T
SUMMARY:
■
ACTION:
[Removed]
Par. 6. Section 301.7705–2T is
removed.
■
PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 7. The authority citation for part
602 continues to read as follows:
■
Authority: 26 U.S.C. 7805.
Par. 8. In § 602.101, paragraph (b) is
amended by adding entries in numerical
order for ‘‘31.3511–1,’’ ‘‘301.7705–1,’’
and ‘‘301.7705–2’’ and removing the
entries for ‘‘301.7705–1T’’ and
‘‘301.7705–2T’’ to read as follows:
■
§ 602.101
*
OMB Control numbers.
*
*
(b) * * *
*
*
CFR part or section where
identified and described
Current OMB
control No.
*
*
*
31.3511–1 .............................
*
*
1545–2266
*
*
*
301.7705–1 ...........................
301.7705–2 ...........................
*
*
1545–2266
1545–2266
*
*
*
*
*
*
*
*
*
*
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
Approved: May 7, 2019.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2019–10856 Filed 5–23–19; 11:15 am]
BILLING CODE 4830–01–P
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Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone
between mile marker (MM) 99.5 and
MM 100.5 Above Head of Passes, Lower
Mississippi River, New Orleans, LA.
This action is necessary to provide for
the safety of life on these navigable
waters near New Orleans, LA, during a
fireworks display on June 20, 2019. This
rule prohibits persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
New Orleans or a designated
representative.
This rule is effective from 8:45
p.m. through 9:45 p.m. on June 20,
2019.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0243 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
Benjamin.P.Morgan@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
On April 11, 2019, MIP Inc. notified
the Coast Guard that they would be
conducting a fireworks display at 9:45
on June 20, 2019. The fireworks are to
be launched from a barge at the
approximate mile maker (MM) 100
Above Head of Passes, Lower
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
Mississippi River, New Orleans, LA. In
response, on April 19, 2019, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Lower Mississippi River; New Orleans,
LA (84 FR 16419). 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
May 20, 2019, 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 impracticable and
against the public interest because
immediate action is needed to respond
to the potential safety hazards
associated with the fireworks display.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector New Orleans
(COTP) has determined that a temporary
safety zone is necessary to provide for
the safety of life and vessels transiting
the area where the fireworks will be
launched. The fireworks display is
scheduled to take place at 9:15 p.m. on
June 20, 2019, in the navigable waters
of the Lower Mississippi River at New
Orleans, LA. The purpose of this rule is
to ensure safety of vessels and the
navigable waters in the safety zone
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
April 19, 2019. There is only one minor
change in the regulatory text of this rule
from the proposed rule in the NPRM, in
which the new event start time has
changed from 9:30 p.m. to 8:45 p.m. and
the end time from 10:30 p.m. to 9:45
p.m. on June 20, 2019.
This rule establishes a safety zone
from 8:45 p.m. through 9:45 p.m. on
June 20, 2019. The safety zone will
cover all navigable waters between MM
99.5 and 100.5 Above Head of Passes,
Lower Mississippi River, New Orleans,
LA. The duration of the zone is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the scheduled
fireworks display. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. A designated
representative is a commissioned,
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16:03 May 24, 2019
Jkt 247001
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans.
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 location, time, and
duration of the safety zone. The safety
zone will only be enforced for a one
hour period on the evening of June 20,
2019 between MMs 99.5 and 100.5
Above Head of Passes, Lower
Mississippi River, New Orleans, LA.
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
temporary safety zone may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
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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
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
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 a safety
zone lasting only one hour that will
prohibit entry between mile marker
(MM) 99.5 and 100.5 Above Head of
Passes, Lower Mississippi River, New
Orleans, LA. It is 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:
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BILLING CODE 9110–04–P
[Docket No. USCG–2019–0370]
Safety Zones; Fireworks Displays in
the Fifth Coast Guard District
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
16:03 May 24, 2019
[FR Doc. 2019–11005 Filed 5–24–19; 8:45 am]
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
VerDate Sep<11>2014
Dated: May 21, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
Coast Guard
■
2. Add § 165.T08–0243 to read as
follows:
(a) Location. The following area is a
safety zone: All navigable waters
between mile marker (MM) 99.5 and
100.5 Above Head of Passes (AHP),
Lower Mississippi River, New Orleans,
LA.
(b) Effective period. This section is
effective from 8:45 p.m. through 9:45
p.m. on June 20, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into or remaining within this zone 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
safety zone 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) 365–2544.
(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 Bulletins (MSIBs) as
appropriate.
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
§ 165.T08–0243 Safety Zone; Lower
Mississippi River, New Orleans, LA.
ACTION:
The Coast Guard will enforce
the Penn’s Landing, Delaware River,
Philadelphia, PA, safety zone as
described in agency regulations on
SUMMARY:
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24391
various dates from late May 2019
through the end of July 2019. This
action is necessary to ensure safety of
life on the navigable waters of the
United States immediately prior to,
during, and immediately after the
fireworks displays. During the
enforcement periods, vessels may not
enter, remain in, or transit through the
safety zones during these enforcement
periods unless authorized by the
Captain of the Port or designated Coast
Guard patrol personnel on scene.
The safety zone in section (a),
row (16) of the table to 33 CFR 165.506
will be enforced from 8:30 p.m. through
10:00 p.m. on each of the following
dates in 2019: May 25th, May 30th, June
29th, and July 1st (with July 2nd or July
3rd as alternate dates for inclement
weather).
DATES:
If
you have questions about this notice of
enforcement, you may call or email
Petty Officer Thomas Welker, U.S. Coast
Guard, Sector Delaware Bay, Waterways
Management Division, telephone 215–
271–4814, email Thomas.J.Welker@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the safety zone as
described in section (a), row (16) of the
table to 33 CFR 165.506 from 8:30 p.m.
through 10:00 p.m. on each of the
following dates in 2019: May 25th, May
30th, June 29th, and July 1st (with July
2nd or July 3rd as alternate dates for
inclement weather). This action is
necessary to ensure safety of life on the
navigable waters of the United States
immediately prior to, during, and
immediately after the fireworks
displays. Our regulation for safety zones
of fireworks displays within the Fifth
Coast Guard District, table to § 165.506,
section (a), row (16), specifies the
location of the regulated area as all
waters of the Delaware River adjacent to
Penn’s Landing, Philadelphia, PA,
within 500 yards of a fireworks launch
site at approximate position latitude
39°56′49″ N, longitude 075°08′11″ W. As
reflected in § 165.506(d), vessels may
not enter, remain in, or transit through
the safety zone during the enforcement
period unless authorized by the Captain
of the Port or designated Coast Guard
patrol personnel on scene.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide notification of
the enforcement periods via broadcast
notice to mariners.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24389-24391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11005]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0243]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, New Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
between mile marker (MM) 99.5 and MM 100.5 Above Head of Passes, Lower
Mississippi River, New Orleans, LA. This action is necessary to provide
for the safety of life on these navigable waters near New Orleans, LA,
during a fireworks display on June 20, 2019. This rule prohibits
persons and vessels from entering the safety zone unless authorized by
the Captain of the Port New Orleans or a designated representative.
DATES: This rule is effective from 8:45 p.m. through 9:45 p.m. on June
20, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0243 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 11, 2019, MIP Inc. notified the Coast Guard that they
would be conducting a fireworks display at 9:45 on June 20, 2019. The
fireworks are to be launched from a barge at the approximate mile maker
(MM) 100 Above Head of Passes, Lower
[[Page 24390]]
Mississippi River, New Orleans, LA. In response, on April 19, 2019, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Lower Mississippi River; New Orleans, LA (84 FR 16419).
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 May 20, 2019, 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 impracticable and against 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 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector New
Orleans (COTP) has determined that a temporary safety zone is necessary
to provide for the safety of life and vessels transiting the area where
the fireworks will be launched. The fireworks display is scheduled to
take place at 9:15 p.m. on June 20, 2019, in the navigable waters of
the Lower Mississippi River at New Orleans, LA. The purpose of this
rule is to ensure safety of vessels and the navigable waters in the
safety zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
19, 2019. There is only one minor change in the regulatory text of this
rule from the proposed rule in the NPRM, in which the new event start
time has changed from 9:30 p.m. to 8:45 p.m. and the end time from
10:30 p.m. to 9:45 p.m. on June 20, 2019.
This rule establishes a safety zone from 8:45 p.m. through 9:45
p.m. on June 20, 2019. The safety zone will cover all navigable waters
between MM 99.5 and 100.5 Above Head of Passes, Lower Mississippi
River, New Orleans, LA. The duration of the zone is intended to ensure
the safety of vessels and these navigable waters before, during, and
after the scheduled fireworks display. No vessel or person will 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.
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 location,
time, and duration of the safety zone. The safety zone will only be
enforced for a one hour period on the evening of June 20, 2019 between
MMs 99.5 and 100.5 Above Head of Passes, Lower Mississippi River, New
Orleans, LA.
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
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will 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
[[Page 24391]]
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 a
safety zone lasting only one hour that will prohibit entry between mile
marker (MM) 99.5 and 100.5 Above Head of Passes, Lower Mississippi
River, New Orleans, LA. It is 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: 46 U.S.C. 70034, 70051; 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.T08-0243 to read as follows:
Sec. 165.T08-0243 Safety Zone; Lower Mississippi River, New Orleans,
LA.
(a) Location. The following area is a safety zone: All navigable
waters between mile marker (MM) 99.5 and 100.5 Above Head of Passes
(AHP), Lower Mississippi River, New Orleans, LA.
(b) Effective period. This section is effective from 8:45 p.m.
through 9:45 p.m. on June 20, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into or remaining within this zone 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 safety zone 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) 365-2544.
(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 Bulletins (MSIBs)
as appropriate.
Dated: May 21, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-11005 Filed 5-24-19; 8:45 am]
BILLING CODE 9110-04-P
