39882 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 117.437 [Removed] 

■ 2. Remove § 117.437. 

Dated: July 30, 2018. 

Paul F. Thomas, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2018–17271 Filed 8–10–18; 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: Final rule. 

SUMMARY: The Coast Guard is 

establishing 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 action is necessary to 

provide for the safety of life on these 

navigable waters during firework 

displays. This regulation prohibits 

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. 

DATES: This rule is effective September 

12, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0372 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 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 Information and 

Regulatory History 

The Coast Guard Captain of the Port 

Sector New Orleans (COTP) is 

establishing a permanent safety zone on 

the Lower Mississippi River in order to 

better provide for the safety of life on 

these 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 can more 

efficiently provide for the safety of life 

on these navigable waters. Therefore, on 

June 18, 2018, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Lower Mississippi River, Mile Markers 

94 to 97 Above Head of Passes, New 

Orleans, LA (83 FR 28175). There we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to this 

fireworks display safety zone. During 

the comment period that ended on July 

18, 2018, we received two comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

COTP has determined that a permanent 

safety zone that can be enforced as 

necessary for fireworks displays will 

better allow the COTP to provide for the 

safety of life. A large and increasing 

number of marine events has been 

occurring on the Lower Mississippi 

River, with the bulk of the events 

occurring within the same three-mile 

stretch of river. This rule allows for 

more timely and efficient responses to 

these requests and will also greatly 

reduce the administrative burden the 

COTP encounters with establishing 

individual safety zones for these various 

events. 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 and other debris. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received two 

comments on our NPRM published on 

June 18, 2018. One comment was 

unrelated to the rule. The second 

comment requested that the regulatory 

text include geographic coordinates in 

degrees-minutes-seconds with an 

associated horizontal datum in order to 

accurately depict the safety zone 

boundaries on NOAA nautical charts. 

The Coast Guard agrees that the 

requested information would be helpful 

for NOAA and the public to identify the 

boundaries of the zone. The regulatory 

text of this final rule has been updated 

to include this information. 

This rule establishes a permanent 

safety zone between mile marker (MM) 

94 (29°57′32′′ N, 90°03′05′′ W) and MM 

97 (29°55′19′′ N, 90°04′00′′ W), NAD83 

datum, on the Lower Mississippi River, 

above Head of Passes. While this zone 

encompasses a three-mile section of the 

waterway, the COTP will limit the 

enforcement of the zone only to the 

areas necessary for the protection of life 

on these navigable waters before, 

during, and after firework displays. No 

vessel or person is 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 

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 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 will publish a notice of 

enforcement in the Federal Register as 

early as practicable. The COTP or a 

designated representative will inform 


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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39883 

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. 

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 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 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. 

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 

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 

establishing a safety zone on the Lower 

Mississippi River, mile marker (MM) 94 

to MM 97. While this zone will be 

permanent, it will only be subject to 

enforcement on an as-needed basis. 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 

■ 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 above the center 

heading ‘‘Ninth Coast Guard District’’ to 

read as follows: 


sradovich on DSK3GMQ082PROD with RULES
39884 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

§ 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 

(29°57′32′′ N, 90°03′05′′ W) to MM 97 

(29°55′19′′ N, 90°04′00′′ W), NAD83 

datum, on the Lower Mississippi River, 

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 a safety 

zone established under this section, the 

COTP will publish a notice of 

enforcement in the Federal Register as 

early as practicable. In addition, the 

COTP will also inform the public of the 

enforcement area and times of this 

section as indicated in paragraph (d) of 

this section. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, 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: August 6, 2018. 

K.M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–17263 Filed 8–10–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0718] 

RIN 1625–AA00 

Safety Zone; Allegheny River, Miles 

43.5 to 45.5, Kittanning, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Allegheny 

River, extending the entire width of the 

river, from mile marker (MM) 43.5 to 

MM 45.5. This safety zone is necessary 

to protect persons, property, and the 

marine environment from potential 

hazards associated with a boat race. 

Entry of persons or vessels into this 

zone is prohibited unless authorized by 

the Captain of the Port Marine Safety 

Unit Pittsburgh or a designated 

representative. 

DATES: This rule is effective each day 

from 9 a.m. to 8 p.m. from August 17, 

2018, through August 19, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0718 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 on this rule, call or 

email Petty Officer Charles Morris, 

Marine Safety Unit Pittsburgh, U.S. 

Coast Guard; telephone 412–221–0807, 

email Charles.F.Morris@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Marine Safety 

Unit Pittsburgh 

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 Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(3)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. This safety zone must be 

established by August 17, 2018 and we 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

this rule. The NPRM process would 

delay the establishment of the safety 

zone until after the date of the boat race 

and compromise public safety. 

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 this rule would be 

contrary to the public interest because 

immediate action is necessary to 

respond to the potential safety hazards 

associated with this boat race. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

Captain of the Port Marine Safety Unit 

Pittsburgh (COTP) has determined that 

potential hazards associated with this 

boat race will be a safety hazard for 

anyone within a two-mile stretch of the 

Allegheny River. The rule is needed to 

protect persons, property, and the 

marine environment in the navigable 

waters within the safety zone before, 

during, and after the boat race. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 a.m. on August 17, 2018 through 

8 p.m. on August 19, 2018. The safety 

zone will be enforced each day during 

the effective period from 9 a.m. through 

8 p.m. The safety zone will cover all 

navigable waters of the Allegheny River, 

extending the entire width of the river, 

from mile marker (MM) 43.5 to MM 

45.5. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters before, during, and 

after the boat race. 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 Marine 

Safety Unit Pittsburgh. Persons and 

vessels seeking entry into this safety 

zone must request permission from the 

COTP or a designated representative. 


sradovich on DSK3GMQ082PROD with RULES