Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Proposed Rules 28173 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Small Airplane 

Standards Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Mike Kiesov, 

Aerospace Engineer, FAA, Small Airplane 

Standards Branch, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone: 

(816) 329–4144; fax: (816) 329–4090; email: 

mike.kiesov@faa.gov. Before using any 

approved AMOC on any airplane to which 

the AMOC applies, notify your appropriate 

principal inspector (PI) in the FAA Flight 

Standards District Office (FSDO), or lacking 

a PI, your local FSDO. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, Standards Office, FAA; or 

the Civil Aviation Authority of New Zealand 

(CAA). 

(i) Special Flight Permit 

A special flight permit is prohibited until 

Part A of the ACCOMPLISHMENT 

INSTRUCTIONS in Pacific Aerospace 

Limited Mandatory Service Bulletin PACSB/ 

XL/068, Issue 6, dated January 8, 2018, is 

completed. Once Part A has been completed, 

a special flight permit is allowed for Part B 

of the ACCOMPLISHMENT INSTRUCTIONS 

in Pacific Aerospace Limited Mandatory 

Service Bulletin PACSB/XL/068, Issue 6, 

dated January 8, 2018. 

(j) Related Information 

Refer to MCAI CAA AD DCA/750XL/18B, 

dated February 28, 2018, for related 

information. You may examine the MCAI on 

the internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2018–0422. For service information related to 

this AD, contact Pacific Aerospace Limited, 

Airport Road, Hamilton, Private Bag 3027, 

Hamilton 3240, New Zealand; phone: +64 

7843 6144; fax: +64 843 6134; email: pacific@

aerospace.co.nz; internet: 

www.aerospace.co.nz. You may review this 

referenced service information at the FAA, 

Policy and Innovation Division, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

Issued in Kansas City, Missouri, on May 7, 

2018. 

Melvin J. Johnson, 

Deputy Director, Policy & Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2018–12886 Filed 6–15–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0580] 

RIN 100–AA08 

Special Local Regulations; Annual Les 

Cheneaux Islands Antique Wooden 

Boat Show; Hessel, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

add a special local regulation to increase 

safety in the navigable waters of 

Marquette Bay, Hessel, MI, during the 

annual Les Cheneaux Islands Antique 

Wooden Boat Show. The proposal will 

add a no wake zone to be enforced in 

the area around the show from 7 a.m. to 

7 p.m. on a date in mid-August. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 9, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0580 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. Type the docket 

number (USCG–2018–0580) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

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 on this rule, call or 

email Chief Steven Durden, Waterways 

Management, Coast Guard Sector Sault 

Sainte Marie, U.S. Coast Guard; 

telephone 906–635–3222, email 

Steven.E.Durden@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Les Cheneaux Antique Wooden 

Boat Show was founded in 1978 and the 

event is held every year in mid-August. 

During this event, a variety of vessel 

traffic is attracted to the area in and 

surrounding the Hessel Marina. A 

commercial ferry vessel, jet skis, kayaks, 

paddle boards, sail and power vessels 

all use this this waterway to view the 

show and to transit the area. This mix 

of vessels in close proximity to each 

other warrants additional safety 

measures. 

The legal basis for this proposed 

rulemaking is found at 33 U.S.C. 1233; 

33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 

0170.1. 

III. Discussion of Proposed Rule 

The Captain of the Port Sault Sainte 

Marie (COTP) has determined that 

adding the Annual Les Cheneaux 

Islands Antique Wooden Boat Show to 

the list of Special Local Regulations to 

establish a no wake zone in the 

navigable waters of Marquette Bay near 

Hessel, MI is the most practical way to 

ensure the safety of the boating public. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

has not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day for the no wake zone. 

Vessel traffic will be able to safely 

transit through the no wake zone which 

will impact a small designated area 

within the COTP zone for a short 

duration of time. Moreover, the Coast 

Guard will issue Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone. 

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 


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28174 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Proposed Rules 

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 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 no wake 

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. 

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 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 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 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 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 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 proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination that this 

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 creating a no wake zone for one 

day each year in a small area. Normally 

such actions are categorically excluded 

from further review under paragraph 

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 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 http://

www.regulations.gov. If your material 

cannot be submitted using http://

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 http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

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 http://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 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.922 to read as follows. 

§ 100.922 Special Local Regulations; 

Annual Les Cheneaux Islands Antique 

Wooden Boat Show; Hessel, MI 

(a) Regulated area. These Special 

Local Regulations apply to all U.S. 

navigable waters of Marquette Bay, 

Hessel, MI, within an area bordered by 

a line from the crib piles charted in 

position 45°59′59′′ N, 084°25′10′′ W to 

Red Buoy ‘‘8’’ charted in position 

45°59′46′′ N, 084°25′37′′ W to Red Buoy 

‘‘6’’ charted in position 45°59′58′′ N, 

084°25′53′′ W to Red Buoy ‘‘4’’ charted 


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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Proposed Rules 28175 

in position 45°59′57′′ N, 084°26′23′′ W to 

Green Buoy ‘‘5’’ charted in position 

46°00′13′′ N, 084°26′10′′ W to land in 

position 46°00′18′′ N, 084°26′04′′ W. 

(b) Enforcement Period. These special 

local regulations are effective for one 

day in mid-August. The Coast Guard 

will issue a notice of enforcement with 

the exact time and date this regulated 

area will be enforced. 

(c) Special Local Regulation. While in 

the regulated area all vessels will 

operate at a no wake speed and follow 

the directions of the on-scene patrol 

commander. 

Dated: June 12, 2018. 

M.R. Broz, 

Captain, U.S. Coast Guard, Captain of the 

Port Sault Sainte Marie. 

[FR Doc. 2018–12966 Filed 6–15–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0372] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile Markers 94 to 97 Above Head of 

Passes, New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a permanent safety zone for 

the navigable waters of the Lower 

Mississippi River between mile marker 

(MM) 94 and MM 97, above Head of 

Passes. This zone is necessary to 

provide for the safety of life on these 

navigable waters during firework 

displays. This proposed rulemaking 

would prohibit vessels from entering the 

safety zone before, during, and after the 

firework displays unless authorized by 

the Captain of the Port Sector New 

Orleans or a designated representative. 

This proposed safety zone would be 

enforced only as necessary by the 

Captain of the Port Sector New Orleans 

(COTP) through a Notice of Enforcement 

published in the Federal Register and 

announced through Vessel Traffic 

Service Advisories, Broadcast Notices to 

Mariners (BNMs), Local Notice to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. We invite your comments 

on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 18, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0372 using the Federal 

eRulemaking Portal at http://

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 504–365–2231, 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 

MM Mile marker 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Coast Guard Captain of the Port 

Sector New Orleans (COTP) proposes to 

establish a permanent safety zone on the 

Lower Mississippi River in order to 

better provide for the safety of life on 

navigable waters during firework 

displays. The COTP has determined that 

a large and increasing volume of the 

firework displays occurring within 

Sector New Orleans’ area of 

responsibility take place at locations 

between mile markers (MMs) 94 and 97 

above Head of Passes on the Lower 

Mississippi River. Many of these events 

recur annually and are listed in Table 5 

of 33 CFR 165.801 titled Sector New 

Orleans Annual and Recurring Safety 

Zones. However, a substantial and 

increasing number of these firework 

displays are one-time events associated 

with conventions, weddings, festivals, 

etc. By creating a permanent safety zone 

that can be enforced through a notice of 

enforcement, the COTP would be able to 

more efficiently provide for the safety of 

life. 

This notice of proposed rulemaking 

(NPRM) would reduce administrative 

costs associated with issuing separate 

proposed rules for each individual 

recurring safety zone. The number of 

one-time firework displays occurring in 

this three-mile stretch of the Lower 

Mississippi River has increased from 

approximately 6 or 7 events in the years 

2016 and 2017, up to approximately 11 

events by April of 2018. In addition, the 

Coast Guard has not received any 

comments, objections, or complaints for 

the previous 22 safety zones established 

over the past three years. Although the 

COTP expects the number of firework 

displays to increase each year, neither 

the COTP nor this proposed rule control 

the number of one-time firework 

displays occurring in any given year. 

Finally, due to the limited duration of 

each waterway closure associated with 

these firework displays, there is very 

little, if any, impact to vessel traffic on 

these waters of the Lower Mississippi 

River. Moreover, the proposed rule 

would allow vessels to seek permission 

to enter the safety zone on a case-bycase basis from the COTP or a 

designated representative. 

The COTP proposes this permanent 

safety zone in order to balance the 

administrative burden and the needs of 

the public. The purpose of this 

rulemaking is to ensure the safety of life 

on these navigable waters within this 

three-mile segment of the Lower 

Mississippi River before, during, and 

after firework displays. Potential 

hazards associated with firework 

displays include the accidental 

discharge of fireworks, dangerous 

projectiles, and falling embers or other 

debris. This safety zone covers a threemile stretch of the river that includes 

several launching locations where 

firework displays are most commonly 

located. However, the COTP has 

determined that potential hazards 

associated with each individual 

fireworks display is a safety concern for 

vessels navigating within a one-mile 

stretch of the Lower Mississippi River 

around a particular launch location. The 

Coast Guard proposes this rulemaking 

under authority in 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

permanent safety zone between mile 

marker (MM) 94 and MM 97 on the 

Lower Mississippi River. While this 

zone would encompass a three-mile 

section of the waterway, the COTP 

would limit the enforcement of the zone 

only to the areas necessary for the 

protection of life on these navigable 

waters before, during, and after the 

fireworks. No vessel or person would be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. A 

designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer of the U.S. Coast Guard 

assigned to units under the operational 

control of USCG Sector New Orleans. 

Persons and vessels requiring entry into 

this proposed safety zone must request 

permission from the COTP or a 


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