34092 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Proposed Rules 

(i) A registered professional engineer 

who is a qualified person with respect 

to the equipment: 

(A) Approves the procedure, 

modification, addition, or repair, and 

specifies the equipment configurations 

to which that approval applies; and 

(B) Modifies load charts, procedures, 

instruction manuals, and instruction 

plates, tags, and decals, as appropriate. 

(ii) The employer uses the equipment 

in accordance with all of the engineer’s 

specifications and modifications. 

(iii) The original safety factor of the 

equipment is not reduced below 1.7 for 

the structural boom, and 1.25 for 

stability, unless the original safety factor 

is lower. 

(7) Other manufacturer guidance. The 

requirements to follow the 

manufacturer’s guidance, instructions, 

procedures, prohibitions, limitations, or 

specifications, set forth in 

§§ 1926.1404(j), (m), or (q); 

1926.1417(a), (r), (u), or (aa); 

1926.1433(d)(l)(i); or 1926.1441 do not 

apply when: 

(i) A registered professional engineer 

familiar with the type of equipment 

involved determines the appropriate 

limitations on the equipment in writing; 

and 

(ii) The employer does not exceed 

those limitations. 

[FR Doc. 2018–15285 Filed 7–18–18; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0619] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile Markers 94 to 95 Above Head of 

Passes, New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for 

certain navigable waters of the Lower 

Mississippi River. This action is 

necessary to provide for the safety of 

persons, vessels, and the marine 

environment on these navigable waters 

near New Orleans, LA, during a 

fireworks display on October 6, 2018. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in the safety zone 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 August 20, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0619 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 504–365–2281, 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 

MM Mile marker 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On May 9, 2018, Zito Company, LLC 

notified the Coast Guard that it would 

be conducting a fireworks display from 

9 p.m. through 10 p.m. on October 6, 

2018. The fireworks are to be launched 

from a barge on the Lower Mississippi 

River at approximate mile marker (MM) 

94.5, above Head of Passes, off Algiers 

Point, New Orleans, LA. Hazards from 

firework displays include discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. The 

Captain of the Port Sector New Orleans 

(COTP) has determined that potential 

hazards associated with the fireworks 

display would be a safety concern for 

anyone within a one-mile stretch of the 

river. 

The purpose of this rulemaking is to 

ensure the safety of persons, vessels, 

and the marine environment on the 

navigable waters within a one-mile 

stretch around the fireworks barge 

before, during, and after the scheduled 

fireworks display. 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 

temporary safety zone from 9 p.m. 

through 10 p.m. on October 6, 2018. The 

safety zone would cover all navigable 

waters of the Lower Mississippi River 

between MM 94 and MM 95, above 

Head of Passes. The duration of the zone 

is intended to ensure the safety of 

persons, vessels, and the marine 

environment on these navigable waters 

before, during, and after the scheduled 

fireworks display. 

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 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 safety zone 

must request permission from the COTP 

or a designated representative. They 

may be contacted on VHF–FM Channel 

16 or 67. 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. 

The COTP or a designated 

representative would 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 Broadcasts 

(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 short duration 

of the safety zone, which would impact 

a one-mile stretch of the Lower 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Proposed Rules 34093 

Mississippi River for one hour on one 

evening. In addition, vessel traffic 

seeking to transit the area may seek 

permission from the COTP or his 

designated representative to do so. 

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 safety zone 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 safety zone lasting one hour 

that would prohibit entry on one-mile 

stretch of 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 

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 proposes to 

amend 33 CFR part 165 as follows: 


sradovich on DSK3GMQ082PROD with PROPOSALS
34094 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Proposed Rules 

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.T08–0619 to read as 

follows: 

§ 165.T08–0619 Safety Zone; Lower 

Mississippi River, Mile Markers 94 to 95, 

New Orleans, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River between mile 

marker (MM) 94 and MM 95 above Head 

of Passes, New Orleans, LA. 

(b) Effective period. This rule is 

effective from 9 p.m. through 10 p.m. on 

October 6, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless specifically 

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. 

(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 Broadcasts (MSIBs) as 

appropriate. 

Dated: July 12, 2018. 

Kristi M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–15439 Filed 7–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 13 

[NPS–AKRO–25874; PPAKAKROZ5, 

PPMPRLE1Y.L00000] 

RIN 1024–AE38 

Alaska; Hunting and Trapping in 

National Preserves—Extension of 

Public Comment Period 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: The National Park Service is 

extending the public comment period 

for the proposed rule to amend its 

regulations for sport hunting and 

trapping in National Preserves in 

Alaska. Extending the comment period 

for 45 days will allow more time for the 

public to review the proposal and 

submit comments. 

DATES: The comment period for the 

proposed rule published on May 22, 

2018 (83 FR 23621), is extended. 

Comments must be received by 11:59 

p.m. EST on September 6, 2018. 

ADDRESSES: You may submit comments, 

identified by Regulation Identifier 

Number (RIN) 1024–AE38, by either of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or hand deliver to: National 

Park Service, Regional Director, Alaska 

Regional Office, 240 West 5th Ave., 

Anchorage, AK 99501. 

• Instructions: Comments will not be 

accepted by fax, email, or in any way 

other than those specified above. All 

submissions received must include the 

words ‘‘National Park Service’’ or 

‘‘NPS’’ and must include the docket 

number or RIN (1024–AE38) for this 

rulemaking. Comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. 

• Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov and enter ‘‘1024– 

AE38’’ in the search box. 

FOR FURTHER INFORMATION CONTACT: 

Herbert C. Frost, Regional Director, 

Alaska Regional Office, 240 West 5th 

Ave., Anchorage, AK 99501. Phone 

(907) 644–3510. Email: AKR_

Regulations@nps.gov. 

SUPPLEMENTARY INFORMATION: On May 

22, 2018, the National Park Service 

(NPS) published in the Federal Register 

(83 FR 23621) a proposed rule to amend 

its regulations for sport hunting and 

trapping in National Preserves in 

Alaska. This proposed rule would 

remove a regulatory provision issued by 

the NPS in 2015 that prohibited certain 

sport hunting practices that are 

otherwise permitted by the State of 

Alaska. These proposed changes are 

consistent with Secretary of the Interior 

Orders 3347 and 3356. The public 

comment period for this proposal is 

scheduled to close on July 23, 2018. In 

order to give the public additional time 

to review and comment on the proposal, 

the NPS is extending the public 

comment period for 45 days until 

September 6, 2018. If you already 

commented on the proposed rule you do 

not have to resubmit your comments. 

P. Daniel Smith, 

Deputy Director, Exercising the Authority of 

the Director. 

[FR Doc. 2018–15420 Filed 7–18–18; 8:45 am] 

BILLING CODE 4310–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0505; FRL–9981– 

01—Region 10] 

Air Plan Approval; Oregon; Interstate 

Transport Requirements for the 2012 

PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Clean Air Act (CAA) 

requires each State Implementation Plan 

(SIP) to contain adequate provisions 

prohibiting emissions that will have 

certain adverse air quality effects in 

other states. On October 20, 2015, the 

State of Oregon made a submission to 

the Environmental Protection Agency 

(EPA) to address these requirements. 

The EPA is proposing to approve the 

submission as meeting the requirement 

that each SIP contain adequate 

provisions to prohibit emissions that 

will contribute significantly to 

nonattainment or interfere with 

maintenance of the 2012 annual fine 

particulate matter (PM2.5) national 

ambient air quality standard (NAAQS) 

in any other state. 

DATES: Comments must be received on 

or before August 20, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2018–0505 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 


sradovich on DSK3GMQ082PROD with PROPOSALS