45584 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 

FTC Rule 4.9(c), and the General 

Counsel grants that request. 

Visit the FTC website to read this 

NPRM and the news release describing 

it. The FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding, as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before November 5, 2018. For 

information on the Commission’s 

privacy policy, including routine uses 

permitted by the Privacy Act, see 

https://www.ftc.gov/site-information/ 

privacy-policy. 

List of Subjects in 16 CFR Part 18 

Advertising, Nursery, Trade practices. 

PART 18—[REMOVED] 

■ For the reasons stated in the preamble, 

and under the authority of 15 U.S.C. 45, 

the Federal Trade Commission proposes 

to remove 16 CFR part 18. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2018–19227 Filed 9–7–18; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0736] 

RIN 1625–AA00 

Safety Zones; Coast Guard Sector New 

Orleans Annual and Recurring Safety 

Zones 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend its safety zone regulations for 

annual events in Coast Guard Sector 

New Orleans’ area of responsibility. 

This proposed rule would add four new 

recurring safety zones and amend the 

location or dates for two events already 

listed in the table. This action is 

necessary to protect spectators, 

participants, and vessels from the 

hazards associated with annual marine 

events. This proposed rulemaking 

would prohibit entry into the safety 

zones during the events 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 October 10, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0736 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 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Captain of the Port Sector New 

Orleans (COTP) proposes to amend 

Table 5 of 33 CFR 165.801 to update the 

table of annual firework displays and 

other marine events in Coast Guard 

Sector New Orleans. The current list of 

annual and recurring safety zones in 

Sector New Orleans is published in 

Table 5 of 33 CFR 165.801. That most 

recent table was created through the 

interim final rule published on April 22, 

2014 (79 FR 22398). The current Table 

5 in 33 CFR 165.801 needs to be 

amended to include new safety zones 

expected to recur annually and provide 

new information on two existing safety 

zones. 

The proposed annually recurring 

safety zones are necessary to provide for 

the safety of life on navigable waters 

during marine events. Based on the 

nature of these marine events, large 

numbers of participants and spectators, 

and locations of the events, the COTP 

has determined that the events listed in 

this proposed rule could pose a risk to 

participants or waterway users if the 

normal vessel traffic were to interfere 

with the events. Possible hazards 

include risks of injury or death from 

near or actual contact among participant 

vessels and spectators or mariners 

traversing through the safety zones. In 

order to protect the safety of all 

waterway users, including event 

participants and spectators, this 

proposed rule would establish safety 

zones for the time and location of each 

marine event. 

This purpose of this proposed 

rulemaking is to ensure the safety of 

vessels on the navigable waters in the 

safety zones during the scheduled 

events. Vessels would not be permitted 

to enter the safety zone unless 

authorized by the COTP or a designated 

representative. The Coast Guard 

proposes this rulemaking under 

authority in 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

The COTP proposes to amend its 

safety zone regulations for annual 

events in Coast Guard Sector New 

Orleans listed in Table 5 of 33 CFR 

165.801. From time to time this section 

needs to be amended to properly reflect 

recurring safety zones in Sector New 

Orleans’ area of responsibility. This rule 

would add four new recurring safety 

zones and amend the location or dates 

of two safety zones already listed in the 

current table. Other than the described 

changes, the regulations of 33 CFR 

165.801 and other provisions in Table 5 

of § 165.801 would remain unchanged. 

The Coast Guard proposes to revise 

regulations in Table 5 of 33 CFR 165.801 

by adding four new safety zones. The 

safety zones being added to Table 5 are 

below: 

Date Sponsor/name 

Sector New 

Orleans 

location 

Safety zone 

Saturday before Labor Day Baton Rouge Paddle Club 

and Muddy water Paddle 

Co./Big River Regional.

Baton Rouge, LA ............... Mississippi River from mile marker 215 to 230.4, 

Baton Rouge, LA. 

July 4th ................................ L’Auberge Casino Baton 

Rouge/July 4th Celebration.

Baton Rouge, LA ............... Mississippi River from mile marker 216.0 to 217.5, 

Baton Rouge, LA. 


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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 45585 

Date Sponsor/name 

Sector New 

Orleans 

location 

Safety zone 

July 4th ................................ Madisonville Old Fashion 

4th of July.

Madisonville, LA ................ Tchefuncte River, at approximate position 

30°24′11.63′′ N 090°09′17.39 W, in front of the 

Madisonville Town Hall. 

Weekend before July 4th .... Mandeville July 4th Celebration.Mandeville, LA ................... Approximately 600′ off the shore of the Mandeville 

Lakefront 30 21′12.03′′ N 90 04′28.95′′ W. 

The Coast Guard also proposes to 

revise regulations in Table 5 of 33 CFR 

165.801 by amending two existing safety 

zones listed in the table. The first safety 

zone to be amended is tiled as St. John 

the Baptist Parish Independence 

Celebration Fireworks. This safety zone 

is currently listed to occur at the 

location of mile marker (MM) 175 to 

MM 176 on the Lower Mississippi 

River, above Head of Passes, Reserve, 

LA. This location contains a typo, 

which the Coast Guard proposes to 

amend to reflect the correct location in 

Reserve, LA. The second safety zone to 

be amended is titled as Independence 

Day Celebration, Main Street 4th of July 

(Fireworks Display). The date for this 

safety zone is currently listed as 4th of 

July. The Coast Guard proposes to 

amend the date format to conform to the 

format of other dates listed in the table. 

The proposed amendments are below: 

Date Sponsor/name Sector New Orleans 

location Safety zone 

2. July 3 ....................... St. John the Baptist Parish Independence 

Celebration Fireworks.

Reserve, LA ............... Mississippi River from mile marker 137.5 to 

138.5, Reserve, LA. 

5. July 4 ....................... Independence Day Celebration, Main Street 

4th of July (Fireworks Display).

Morgan City, LA ......... Morgan City Port Allen Route mile marker 0.0 

to 1.0, Morgan City, LA. 

The proposed amendments to these 

safety zones are necessary to ensure the 

safety of vessels, spectators, and 

participants during annual events taking 

place on or near the navigable waters in 

Sector New Orleans’ area of 

responsibility. Although this proposed 

rule would be in effect year-round, the 

specific safety zones listed in Table 5 of 

33 CFR 165.801 would only be enforced 

during a specified period of time 

coinciding with the happening of the 

annual events listed. In accordance with 

the regulations listed in 33 CFR 

165.801(a)–(d), entry into these safety 

zones would be prohibited unless 

authorized by the COTP or a designated 

representative. The regulatory text of the 

proposed updates to Table 5 of 

§ 165.801 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, location, and 

duration of the safety zones. These 

safety zones are limited in size and 

duration, and are usually positioned 

away from high vessel traffic zones. 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zones, and the rule would allow vessels 

to seek permission to enter the zones. 

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 proposed 

safety zones 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 


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45586 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 

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.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 

proposed 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 the establishment of safety 

zones limiting access to certain areas in 

Sector New Orleans’ area of 

responsibility. 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 

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 U.S. Coast Guard 

proposes to amend 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. In § 165.801, revise Table 5 to read 

as follows: 

TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Sector New Orleans location Safety zone 

1. Monday before Mardi Gras ........ Riverwalk Marketplace/Lundi Gras 

Fireworks Display.

Mississippi River, New Orleans, 

LA.

Mississippi River mile marker 93.0 

to 96.0, New Orleans, LA. 

2. July 3rd ...................................... St. John the Baptist/Independence Day celebration.Mississippi River, Reserve, LA ..... Mississippi River mile marker 

137.5 to 138.5, Reserve, LA. 

3. July 4th ...................................... Riverfront Marketing Group/Independence Day Celebration.Mississippi River, New Orleans, 

LA.

Mississippi River mile marker 94.3 

to 95.3, New Orleans, LA. 

4. July 4th ...................................... Boomtown Casino/Independence 

Day Celebration.

Harvey Canal, Harvey, LA ............ Harvey Canal mile marker 4.0 to 

5.0, Harvey, LA. 

5. July 4th ...................................... Independence Day Celebration, 

Main Street 4th of July (Fireworks Display).

Morgan City, LA ............................ Morgan City Port Allen Route mile 

marker 0.0 to 1.0, Morgan City, 

LA. 

6. July 4th ...................................... WBRZ—The Advocate 4th of July 

Fireworks Display.

Baton Rouge, LA .......................... In the vicinity of the USS Kidd, 

the Lower Mississippi River 

from mile marker 228.8 to 

230.0, Baton Rouge, LA. 


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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 45587 

TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES—Continued 

Date Sponsor/name Sector New Orleans location Safety zone 

7. The Saturday before July 4th or 

on July 4th if that day is a Saturday.

Independence Day Celebration/ 

Bridge Side Marine.

Grand Isle, LA .............................. 500 Foot Radius from the Pier located at Bridge Side Marine, 

2012 LA Highway 1, Grand Isle, 

LA (Lat: 29°12′14′′ N; Long: 

090°02′28.47′′ W). 

8. 1st Weekend of September ....... LA Shrimp and Petroleum Festival 

Fireworks Display, LA Shrimp 

and Petroleum Festival and Fair 

Association.

Morgan City, LA ............................ Atchafalaya River at mile marker 

118.5, Morgan City, LA. 

9. 1st Weekend in December 

(Usually that Friday, subject to 

change due to weather).

Office of Mayor-President/Downtown Festival of Lights.Baton Rouge, LA .......................... Located on Left Descending 

Bank, Lower Mississippi River 

north of the USS Kidd, at mile 

marker 230, Baton Rouge, LA. 

10. December 31st ........................ Crescent City Countdown Club/ 

New Year’s Celebration.

Mississippi River, New Orleans, 

LA.

Mississippi River mile marker 

93.5–96.5, New Orleans, LA. 

11. December 31st ........................ Boomtown Casino/New Year’s 

Celebration.

Harvey Canal, Harvey, LA ............ Harvey Canal mile marker 4.0 to 

5.0, Harvey, LA. 

12. July 4th .................................... USS Kidd Veterans Memorial/ 

Fourth of July Star-Spangled 

Celebration.

Baton Rouge, LA .......................... In the vicinity of the USS Kidd, 

the Lower Mississippi River 

from mile marker 228.8 to 

230.0, Baton Rouge, LA. 

13. Saturday before Labor Day ..... Baton Rouge Paddle Club and 

Muddy water Paddle Co./Big 

River Regional.

Baton Rouge, LA .......................... Mississippi River from mile marker 

215 to 230.4, Baton Rouge, LA 

14. July 4th .................................... L’Auberge Casino Baton Rouge/ 

July 4th Celebration.

Baton Rouge, LA .......................... Mississippi River from mile marker 

216.0 to 217.5, Baton Rouge, 

LA 

15. July 4th .................................... Madisonville Old Fashion 4th of 

July.

Madisonville, LA ........................... Tchefuncte River, at approximate 

position 30°24′11.63′′ N 

090°09′17.39 W, in front of the 

Madisonville Town Hall. 

16. Weekend before July 4th ......... Mandeville July 4th Celebration ... Mandeville, LA .............................. Approximately 600′ off the shore 

of the Mandeville Lakefront 30 

21′12.03′′ N 90 04′28.95′′ W 

Dated: August 10, 2018. 

K.M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–19588 Filed 9–7–18; 8:45 am] 

BILLING CODE 9110–04–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1236 

[FDMS No. NARA–18–0003; NARA–2018– 

058] 

RIN 3095–AB98 

Electronic Records 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Proposed rule. 

SUMMARY: We are revising our electronic 

records management regulation to 

include standards for digitizing 

temporary Federal records so that 

agencies may dispose of the original 

source records, where appropriate and 

in accordance with the Federal Records 

Act amendments of 2014. 

DATES: Submit comments on or before 

November 9, 2018. 

ADDRESSES: You may submit comments 

on this rule, identified by RIN 3095– 

AB98, by any of the following methods: 

D Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

D Email: Regulation_comments@

nara.gov. Include RIN 3095–AB98 in the 

subject line of the message. 

D Mail (for paper, disk, or CD–ROM 

submissions): Send comments to: 

Regulation Comments Desk (External 

Policy Program, Strategy & Performance 

Division (MP)); Suite 4100; National 

Archives and Records Administration; 

8601 Adelphi Road; College Park, MD 

20740–6001. 

Hand delivery or courier: Deliver 

comments to front desk at 8601 Adelphi 

Road, College Park, MD, addressed to: 

Regulations Comments Desk, External 

Policy Program; Suite 4100. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Keravuori, by email at 

regulation_comments@nara.gov, or by 

telephone at 301–837–3151. Contact 

acps@nara.gov with any questions on 

records management and digitization. 

SUPPLEMENTARY INFORMATION: 

Background 

In 2014, the Federal Records Act at 44 

U.S.C. 3302 was amended by Public 

Law 113–87 to require NARA to issue 

standards for reproducing records 

digitally ‘with a view toward the 

disposal of original records.’ The 

amendment applies to both temporary 

and permanent records. 

This rule proposes standards for 

temporary records so that agencies may 

establish appropriate processes for 

digitizing temporary records. Temporary 

records constitute the majority of 

Federal records; agencies retain them for 

a specific period of time, as established 

by records schedules. At the end of the 

scheduled retention period, temporary 

records are then destroyed. Digitization 

standards for temporary records ensure 

that agencies can continue to use the 

digital versions for the same purposes as 

the original records for the duration of 

that time period. 

This rule would provide agencies 

with guidance necessary to proceed 

with significant digitization and 

destruction projects for temporary 

records. We are currently developing 

standards for digitizing permanent 

records, which we will publish as a 


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