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 


amozie on DSK3GDR082PROD with PROPOSALS1
28176 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Proposed Rules 

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 

the proposed safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

In accordance with 33 CFR 165.7, for 

each enforcement of the safety zone 

established under this proposed rule, 

the COTP would publish a notice of 

enforcement in the Federal Register as 

early as is practicable. The COTP or a 

designated representative would inform 

the public of the enforcement area and 

period of this safety zone through Vessel 

Traffic Service Advisories, Broadcast 

Notices to Mariners (BNMs), Local 

Notice to Mariners (LNMs), 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, duration, and 

location of the safety zone. While this 

zone would be permanent, it would 

only be enforced on an as needed basis 

to better regulate marine events in the 

area. This typically encompasses onehour operations for a one-mile portion 

of the waterway. 

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. 

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 establishing a permanent safety 

zone on the Lower Mississippi River. 

Normally such actions are categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A 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 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Proposed Rules 28177 

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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.845 to read as follows: 

§ 165.845 Safety Zone; Lower Mississippi 

River, mile markers 94 to 97 above Head of 

Passes, New Orleans, LA 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River, New Orleans, 

LA from mile marker (MM) 94 to MM 

97 above Head of Passes. 

(b) Enforcement period. The safety 

zone established by this section will be 

enforced only upon notice of the 

Captain of the Port Sector New Orleans 

(COTP). In accordance with 33 CFR 

165.7, for each enforcement of the safety 

zone established under this section, the 

COTP will publish a notice of 

enforcement in the Federal Register as 

early as is practicable. In addition, the 

COTP will also inform the public of the 

enforcement area and times of this 

section as indicated in paragraph (d) 

Information broadcasts. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited to all vessels 

and persons except vessels authorized 

by the COTP or 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 

Sector New Orleans. 

(2) Persons and 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) 365–2200. 

(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. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

period of this safety zone through Vessel 

Traffic Service Advisories, Broadcast 

Notices to Mariners (BNMs), Local 

Notice to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate. 

Dated: June 11, 2018. 

Wayne R. Arguin, 

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

Port Sector New Orleans. 

[FR Doc. 2018–13025 Filed 6–15–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

[Docket ID ED–2017–OPE–0090] 

Program Integrity: Gainful Employment 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Announcement of applicable 

dates; request for comments. 

SUMMARY: On January 6 and January 19, 

2017, the Department announced dates 

by which institutions subject to the 

Department’s gainful employment (GE) 

regulations must comply with certain 

disclosure requirements in the GE 

regulations. On July 5, 2017, the 

Department announced that it was 

allowing additional time, until July 1, 

2018, to comply with those provisions. 

This document announces that the 

Department allows additional time, 

until July 1, 2019, for institutions to 

comply with those disclosure 

requirements in the GE regulations and 

invites comment on this action. 

DATES: The Department is allowing 

additional time—until July 1, 2019—for 

institutions to comply with 34 CFR 

668.412(d) and (e). We must receive 

your comments on or before July 18, 

2018. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or by email or those 

submitted after the comment period. To 

ensure that we do not receive duplicate 

copies, please submit your comments 

only once. In addition, please include 

the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Help.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments, address them to JeanDidier Gaina, U.S. Department of 

Education, 400 Maryland Ave. SW, 

Room 290–34, Washington, DC 20202. 

Privacy Note: The Department’s 

policy for comments received from 

members of the public (including 

comments submitted by mail, 

commercial delivery, or hand delivery) 

is to make these submissions available 

for public viewing in their entirety on 

the Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available on the internet. 

FOR FURTHER INFORMATION CONTACT: 

Scott Filter, U.S. Department of 

Education, 400 Maryland Ave. SW, 

Room 290–42, Washington, DC 20202. 

Telephone: (202) 453–7249. Email at: 

Scott.Filter@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: Under 34 

CFR 668.412(d) and (e), institutions 

subject to the GE regulations would be 

required to include a disclosure 

template with information specified by 

the Department, or a link thereto, in 

their GE program promotional materials 


amozie on DSK3GDR082PROD with PROPOSALS1