Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations 40455 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0348] 

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 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. This regulation 

prohibits persons and vessels from 

being in the safety zone unless 

authorized by the Captain of the Port 

Sector New Orleans or a designated 

representative. 

DATES: This rule is effective from 8:45 

p.m. through 10 p.m. on August 25, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0348 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 rule, call 

or email Lieutenant Commander 

Benjamin Morgan, Sector New Orleans 

Waterways Management Division, 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 

On April 9, 2018, AFX Pro, LLC, 

notified the Coast Guard that it would 

be conducting a fireworks display from 

9 p.m. through 10 p.m. on August 25, 

2018, for the National Guard 

Association of the United States Annual 

Conference. The fireworks will be 

launched from a barge in the 

Mississippi River at the approximate 

mile marker (MM) 96.2 above Head of 

Passes, New Orleans, LA. In response, 

on May 14, 2018, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Lower Mississippi River, New Orleans, 

LA (83 FR 22225). 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 

June 13, 2018, 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 contrary to public 

interest because immediate action is 

necessary to protect persons, vessels, 

and the marine environment from the 

potential hazards associated with the 

fireworks display. 

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 Sector New Orleans 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in this August 25, 2018 display 

will be a safety concern for anyone 

within a one-mile section of the river. 

The purpose of this rule is to ensure 

safety of vessels on the navigable waters 

in the safety zone before, during, and 

after the fireworks display. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published on 

May 14, 2018. There are no changes in 

the regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone 

from 8:45 p.m. through 10 p.m. on 

August 25, 2018. The safety zone will 

cover all navigable waters on the Lower 

Mississippi River, between mile markers 

(MMs) 95.7 and 96.7 above Head of 

Passes. The duration of the zone is 

intended to ensure the safety of vessels 

and these navigable waters before, 

during, and after the scheduled 9 p.m. 

to 10 p.m. 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. 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. 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 a designated representative. 

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. 

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 13563 (‘‘Improving 

Regulation and Regulatory Review’’) 

and 12866 (‘‘Regulatory Planning and 

Review’’) 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 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 13771 (‘‘Reducing Regulation and 

Controlling Regulatory Costs’’) directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, OMB has not reviewed it. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See OMB’s Memorandum 

‘‘Guidance Implementing Executive 

Order 13771, Titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (April 5, 2017). 


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40456 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations 

This regulatory action determination 

is based on the size and duration of the 

safety zone. This safety zone is for only 

one hour and fifteen minutes on a onemile section of the waterway. Moreover, 

the Coast Guard will issue a Broadcast 

Notice to Mariners (BNM) via VHF–FM 

marine channel 16 about the zone, and 

the rule allows vessels to seek 

permission to enter 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 

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 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 

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 one hour and fifteen 

minutes that will prohibit entry between 

MM 95.7 and MM 96.7 on the Lower 

Mississippi River above Head of Passes. 

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.T08–0348 to read as 

follows: 

§ 165.T08–0348 Safety Zone; Lower 

Mississippi River, 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) 95.7 to MM 

96.7 above Head of Passes. 

(b) Effective period. This section is 

effective from 8:45 p.m. through 10 p.m. 

on August 25, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into 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) 365–2200. 


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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations 40457 

(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: August 10, 2018. 

K.M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–17595 Filed 8–14–18; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 10–90; FCC 14–54, 16–64, 

and 18–5] 

Connect America Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, an 

information collection associated with 

the rules for the Connect America Fund 

Phase II auction contained in the 

Commission’s Connect America Fund 

Orders, FCC 14–54, FCC 16–64, and 

FCC 18–5. This document is consistent 

with the Connect America Fund Orders, 

which stated that the Commission 

would publish a document in the 

Federal Register announcing the 

effective date of the new information 

collection requirements. 

DATES: The amendment to 

§ 54.315(c)(1)(ii) published at 83 FR 

15982, April 13, 2018 is effective 

August 15, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Minard, Wireline 

Competition Bureau at (202) 418–7400 

or TTY (202) 418–0484. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements contact Nicole Ongele at 

(202) 418–2991 or via email at 

Nicole.Ongele@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission submitted new information 

collection requirements for review and 

approval by OMB, as required by the 

Paperwork Reduction Act (PRA) of 

1995, on June 7, 2018. OMB approved 

the new information collection 

requirements on July 31, 2018. The 

information collection requirements are 

contained in the Commission’s Connect 

America Fund Orders, FCC 14–54, 

published at 79 FR 39164, July 9, 2014, 

FCC 16–64, published at 81 FR 44414, 

July 7, 2016 and FCC 18–5, published at 

83 FR 15982, April 13, 2018. The OMB 

Control Number is 3060–1256. The 

Commission publishes this document as 

an announcement of the effective date of 

the rules published on July 7, 2016 and 

April 13, 2018. If you have any 

comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Nicole Ongele, Federal 

Communications Commission, Room 1– 

A620, 445 12th Street SW, Washington, 

DC 20554. Please include the OMB 

Control Number, 3060–1256, in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. To request materials in 

accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on July 

31, 2018, for the information collection 

requirements contained in 47 CFR 

54.315(b) and (c) and the amendment to 

47 CFR 54.315(c)(1)(ii) published at 81 

FR 44414, July 7, 2016 and 83 FR 15982, 

April 13, 2018. Under 5 CFR part 1320, 

an agency may not conduct or sponsor 

a collection of information unless it 

displays a current, valid OMB Control 

Number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1256. The foregoing notice is 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13, 

October 1, 1995, and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1256. 

OMB Approval Date: July 31, 2018. 

OMB Expiration Date: July 31, 2021. 

Title: Application for Connect 

America Fund Phase II Auction 

Support—FCC Form 683. 

Form Number: FCC Form 683. 

Type of Review: New information 

collection. 

Respondents: Business or other forprofit entities, Not-for-profit 

institutions, and State, Local or Tribal 

Governments. 

Number of Respondents and 

Responses: 400 respondents; 800 

responses. 

Estimated Time per Response: 2–12 

hours (on average). 

Frequency of Response: Annual 

reporting requirements, on occasion 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

47 U.S.C. 154, 254 and 303(r) of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 5,600 hours. 

Total Annual Cost(s): No Cost. 

Nature and Extent of Confidentiality: 

Although most of the information 

collected in FCC Form 683 will be made 

available for public inspection, the 

Commission will withhold certain 

information collected in FCC Form 683 

from routine public inspection. 

Specifically, the Commission will treat 

certain financial and technical 

information submitted in FCC Form 683 

as confidential. In addition, an 

applicant may use the abbreviated 

process under 47 CFR 0.459(a)(4) to 

request confidential treatment of the 

audited financial statements that are 

submitted during the post-selection 

review process. However, if a request for 

public inspection for this technical or 

financial information is made under 47 

CFR 0.461, and the applicant has any 

objections to disclosure, the applicant 

will be notified and will be required to 

justify continued confidential treatment. 

To the extent that an applicant seeks to 

have other information collected in FCC 

Form 683 or during the post-selection 

review process withheld from public 

inspection, the applicant may request 

confidential treatment pursuant to 47 

CFR 0.459. 

Privacy Act Impact Assessment: No 

impact(s). 

Needs and Uses: The Commission 

will use the information collected under 

this information collection to determine 

whether Connect America Fund Phase II 

auction winning bidders are eligible to 

receive Phase II auction support. In its 

USF/ICC Transformation Order and 

Further Notice of Proposed Rulemaking, 

FCC 11–161, 76 FR 78385, December 16, 

2011, the Commission comprehensively 

reformed and modernized the high-cost 


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