Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44077 

(COTP) or a COTP representative. 

However, any vessel that is granted 

permission by the COTP or a COTP 

representative must proceed through the 

area with caution and operate at a speed 

no faster than that speed necessary to 

maintain a safe course, unless otherwise 

required by the Navigation Rules. 

(2) Any person or vessel permitted to 

enter the safety zone shall comply with 

the directions and orders of the COTP 

or a COTP representative. Upon being 

hailed by a U.S. Coast Guard vessel by 

siren, radio, flashing lights, or other 

means, the operator of a vessel within 

the zone shall proceed as directed. Any 

person or vessel within the safety zone 

shall exit the zone when directed by the 

COTP or a COTP representative. 

(3) To obtain permissions required by 

this regulation, individuals may reach 

the COTP or a COTP representative via 

Channel 16 (VHF–FM) or (207) 741– 

5465 (Sector Northern New England 

Command Center). 

(d) Penalties. Those who violate this 

section are subject to the penalties set 

forth in 33 U.S.C. 1232. 

(e) Notification. Coast Guard Sector 

Northern New England will give notice 

through the Local Notice to Mariners 

and Broadcast Notice to Mariners for the 

purpose of enforcement of temporary 

safety zone. Sector Northern New 

England will also notify the public to 

the greatest extent possible of any 

period in which the Coast Guard will 

suspend enforcement of this safety zone. 

(f) COTP representative. A COTP 

representative may be any Coast Guard 

commissioned, or petty officer or any 

federal, state, or local law enforcement 

officer who has been designated by the 

COTP to act on the COTP’s behalf. A 

COTP representative may be on a Coast 

Guard vessel, a Coast Guard Auxiliary 

vessel, a state or local law enforcement 

vessel, or a location on shore. 

Dated: September 15, 2017. 

M.A. Baroody, 

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

Port, Sector Northern New England. 

[FR Doc. 2017–20068 Filed 9–20–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0731] 

RIN 1625–AA00 

Safety Zone; Mississippi River, New 

Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters on the Mississippi 

River between mile marker (MM) 96.0 

and MM 96.5. This action is necessary 

to provide for the safety of life on these 

navigable waters near New Orleans, LA, 

during a fireworks display. Entry of 

vessels or persons into this safety zone 

is prohibited unless authorized by the 

Captain of the Port Sector New Orleans 

(COTP) or a designated representative. 

DATES: This rule is effective from 7:50 

p.m. to 8:50 p.m. on October 28, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0731 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 (LCDR) Howard Vacco, 

Sector New Orleans, U.S. Coast Guard; 

at (504) 365–2281, email 

Howard.K.Vacco@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 Information and 

Regulatory History 

The Coast Guard preceded this final 

rule with a Notice of Proposed 

Rulemaking (NPRM). The NPRM was 

published in the Federal Register on 

August 23, 2017, (82 FR 39972). We 

invited comments on our proposed 

regulatory action related to work on 

power lines extending over the 

Mississippi River in New Orleans, LA. 

The NPRM listed dates and times of 

enforcement of the safety zone. During 

the comment period that ended 

September 7, 2017, we received one 

comment. 

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 

display from 7:50 p.m. to 8:50 p.m. on 

October 28, 2017 will present a safety 

concern for all navigable waters on the 

Mississippi River from mile marker 

(MM) 96.0 and MM 96.5. The purpose 

of this rule is to ensure safety of life and 

vessels on the navigable waters in the 

safety zone before, during, and after the 

scheduled event. 

IV. Discussion of Comments, Changes, 

and the Rule 

During the comment period, one 

comment was received. The commenter 

made a general statement that he or she 

was against ‘‘safe spaces’’. The 

commenter did not indicate if he or she 

was against the proposed safety zone or 

the reasons for it. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

The rule establishes a safety zone 

from 7:50 p.m. through 8:50 p.m. on 

October 28, 2017. The safety zone 

would cover all navigable waters 

between MM 96.0 and 96.5 on the 

Mississippi River in New Orleans, LA. 

The duration of the zone is intended to 

ensure the safety of life and vessels on 

these navigable waters before, during, 

and after the scheduled fireworks 

display. Entry into this safety zone is 

prohibited without obtaining 

permission from the COTP or a 

designated representative. 

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 


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44078 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 

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, duration, 

and time-of-year of the safety zone. This 

safety zone will be enforced for a period 

of one hour on one day on one half of 

one mile of navigable waters. Vessel 

traffic will be able to safely navigate 

through the affected area before and 

after the scheduled event. Entry into the 

safety zones established through this 

rulemaking may be requested from the 

COTP or a designated representative 

and will be considered on a case-bycase. 

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 

Management 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 

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 on one day 

extending one half of one mile that will 

prohibit entry on all navigable waters of 

the Mississippi River from mile marker 

(MM) 96.0 and MM 96.5. It is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. 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 

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.T08–0731 to read as 

follows: 

§ 165.T08–0731 Safety Zone; Mississippi 

River, New Orleans, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Mississippi River between mile marker 

(MM) 96.0 and MM 96.5. 

(b) Effective period. This section is 

effective from 7:50 p.m. through 8:50 

p.m. on October 28, 2017. 

(c) Definitions. As used in this 

section, a designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

Sector New Orleans, U.S. Coast Guard. 

(d) 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 


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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44079 

Sector New Orleans (COTP) or 

designated representative. 

(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. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners of any changes in 

the planned schedule. 

Dated: September 15, 2017. 

Wayne R. Arguin, 

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

Port New Orleans. 

[FR Doc. 2017–20109 Filed 9–20–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2016–0331; FRL–9959–81] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is promulgating 

significant new use rules (SNURs) under 

the Toxic Substances Control Act 

(TSCA) for 37 chemical substances 

which were the subject of 

premanufacture notices (PMNs). The 

applicable review periods for the PMNs 

submitted for these 37 chemical 

substances all ended prior to June 22, 

2016 (i.e., the date on which President 

Obama signed into law the Frank R. 

Lautenberg Chemical Safety for the 21st 

Century Act which amends TSCA). Six 

of these chemical substances are subject 

to TSCA section 5(e) consent orders 

issued by EPA. This action requires 

persons who intend to manufacture 

(defined by statute to include import) or 

process any of these 37 chemical 

substances for an activity that is 

designated as a significant new use by 

this rule to notify EPA at least 90 days 

before commencing that activity. The 

required notification initiates EPA’s 

evaluation of the intended use within 

the applicable review period. 

Manufacture and processing for the 

significant new use is unable to 

commence until EPA has conducted a 

review of the notice, made an 

appropriate determination on the notice, 

and take such actions as are required 

with that determination. 

DATES: This rule is effective on 

November 20, 2017. For purposes of 

judicial review, this rule shall be 

promulgated at 1 p.m. (e.s.t.) on October 

5, 2017. 

Written adverse or critical comments, 

or notice of intent to submit adverse or 

critical comments, on one or more of 

these SNURs must be received on or 

before October 23, 2017 (see Unit VI. of 

the SUPPLEMENTARY INFORMATION). If EPA 

receives written adverse or critical 

comments, or notice of intent to submit 

adverse or critical comments, on one or 

more of these SNURs before October 23, 

2017, EPA will withdraw the relevant 

sections of this direct final rule before 

its effective date. 

For additional information on related 

reporting requirement dates, see Units 

I.A., VI., and VII. of the SUPPLEMENTARY

INFORMATION. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2016–0331, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW. 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; email address: 

moss.kenneth @epa.gov. 

For general information contact: The 

TSCA–Hotline, ABVI–Goodwill, 422 

South Clinton Ave. Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or use the chemical substances 

contained in this rule. The following list 

of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Manufacturers or processors of one 

or more subject chemical substances 

(NAICS codes 325 and 324110), e.g., 

chemical manufacturing and petroleum 

refineries. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Chemical importers 

are subject to the TSCA section 13 (15 

U.S.C. 2612) import certification 

requirements promulgated at 19 CFR 

12.118 through 12.127 and 19 CFR 

127.28. Chemical importers must certify 

that the shipment of the chemical 

substance complies with all applicable 

rules and orders under TSCA. Importers 

of chemicals subject to these SNURs 

must certify their compliance with the 

SNUR requirements. The EPA policy in 

support of import certification appears 

at 40 CFR part 707, subpart B. In 

addition, any persons who export or 

intend to export a chemical substance 

that is the subject of this rule on or after 

October 23, 2017 are subject to the 

export notification provisions of TSCA 

section 12(b) (15 U.S.C. 2611(b)) (see 

§ 721.20), and must comply with the 

export notification requirements in 40 

CFR part 707, subpart D. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 


asabaliauskas on DSKBBXCHB2PROD with RULES