[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Proposed Rules]
[Pages 54744-54746]
[FR Doc No: 2015-22713]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0464; FRL-9933-63-Region 5]

Air Plan Approval; Wisconsin; Wisconsin State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve state implementation plan (SIP) submissions from Wisconsin
regarding the state board requirements under section 128 of the Clean
Air Act (CAA). EPA is also proposing to approve elements of SIP
submissions from Wisconsin regarding the infrastructure requirements of
section 110 relating to state boards for the 1997 ozone, 1997 fine
particulate (PM2.5), 2006 PM2.5, 2008 lead (Pb),
2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur
dioxide (SO2) National Ambient Air Quality Standards
(NAAQS).

DATES: Comments must be received on or before October 13, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0464, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2015-0464. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact

you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Eric Svingen, Environmental Engineer,
at<PHONE_NUMBER> before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What should I consider as I prepare my comments for EPA?
II. What is the background of these SIP submissions?
III. What guidance is EPA using to evaluate these SIP submissions?
IV. What is the result of EPA's review of these SIP submissions?
V. What action is EPA taking?
VI. Incorporation by Reference.
VII. Statutory and Executive Order Reviews.

I. What should I consider as I prepare my comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What is the background of these SIP submissions?

    This rulemaking addresses submissions from the Wisconsin Department
of Natural Resources (WDNR) dated July 2, 2015. These submissions are
intended to address CAA requirements relating to the state board
requirements under section 128, as well as infrastructure requirements
of section 110 relating to state boards for the 1997 ozone, 1997
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010
NO2, and 2010 SO2 NAAQS.
    The requirement for states to make infrastructure SIP submissions
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1),
states must make SIP submissions ``within 3 years (or such shorter
period as the Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any revision
thereof),'' and these SIP submissions are to provide for the
``implementation, maintenance, and enforcement'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions, and the requirement to make the submissions is not
conditioned upon EPA's taking any action other than promulgating a new
or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the
purpose of satisfying the requirements of CAA section 110(a)(1) and (2)
as ``infrastructure SIP'' submissions. Although the term
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to
distinguish this particular type of SIP submission from submissions
that are intended to satisfy other SIP requirements under the CAA. This
specific rulemaking is only taking action on the CAA 110(a)(2)(E)(ii)
element of these infrastructure SIP requirements, which is the only
infrastructure SIP element addressed in WDNR's submittal dated July 2,
2015.

III. What guidance is EPA using to evaluate these SIP submissions?

    EPA's guidance for these submissions is highlighted in an October
2, 2007, guidance document entitled ``Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM2.5 \1\ National Ambient Air Quality Standards'' (2007
Guidance). Further guidance is provided in a September 13, 2013,
document entitled ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013
Guidance).
---------------------------------------------------------------------------

    \1\ PM2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers, oftentimes
referred to as ``fine'' particles.
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IV. What is the result of EPA's review of these SIP submissions?

    Pursuant to section 110(a), states must provide reasonable notice
and opportunity for public hearing for all infrastructure SIP
submissions. WDNR provided notice of a public comment period on May 9,
2015, held a public hearing at WDNR State Headquarters on June 9, 2015,
and closed the public comment period on June 11, 2015. No comments were
received.
    Wisconsin provided a detailed synopsis of how various components of
its SIP meet each of the applicable requirements in section 128 and
110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS, as applicable. The following review evaluates the
state's submissions.

A. Section 128

    Section 128 of the CAA includes just one subsection labeled
``(a)'', which contains two explicit requirements: (1) That any board
or body which approves permits or enforcement orders under this chapter
shall have at least a majority of members who represent the public
interest and do not derive any significant portion of their income from
persons subject to permits and enforcement orders under this chapter,
and (2) that any potential conflicts of interest by members of such
board or body or the head of an executive agency with similar powers be
adequately disclosed.
    On July 2, 2015, WDNR submitted rules from Wisconsin Statutes (Wis.
Stats.) for incorporation into the SIP, pursuant to section 128 of the
CAA. Wisconsin maintains a state board, called the Wisconsin Natural
Resources

Board (NRB). However, the NRB's functions are purely regulatory,
advisory, and policy-making. Under Wis. Stats. 15.05, the
administrative powers and duties of the WDNR, including issuance of
permits and enforcement orders, are vested in the secretary. Under the
statutes that govern its operations, the NRB does not and cannot
approve permits or enforcement orders. Therefore, Wisconsin has no
further obligations under section 128(a)(1) of the CAA.
    Under section 128(a)(2) of the CAA, the head of the executive
agency with the power to approve permits or enforcement orders must
adequately disclose any potential conflicts of interest. In Wisconsin,
this power is vested in the Secretary of the WDNR. Wis. Stats. 19.45(2)
prevents financial gain of any public official, which addresses the
issue of deriving any significant portion of income from persons
subject to permits and enforcement orders. Additionally, Wis. Stats.
19.46 prevents a public official from taking actions where there is a
conflict of interest. As a public official under Wis. Stats. 19, the
Secretary of the WDNR is subject to these ethical obligations. As
requested in WDNR's submission, EPA is proposing to incorporate Wis.
Stats. 15.05, 19.45(2), and 19.46 into Wisconsin's SIP. EPA proposes
that these statutes satisfy all requirements under section 128 of the
CAA.

B. Section 110(a)(2)(E)(ii)

    Section 110(a)(2)(E)(ii) of the CAA also requires each SIP to
contain provisions that comply with the state board requirements of
section 128 of the CAA.
    In its submittal dated July 2, 2015, WDNR requested that Wis.
Stats. 15.05, 19.45(2), and 19.46 be applied not only to obligations
under section 128 of the CAA, but also to infrastructure SIP
requirements for the 1997 ozone, 1997 PM2.5, 2006
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS. EPA therefore proposes that Wisconsin has met the
infrastructure SIP requirements of this portion of section
110(a)(2)(E)(ii) with respect to the 1997 ozone, 1997 PM2.5,
2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and
2010 SO2 NAAQS.

V. What Action is EPA Taking?

    EPA is proposing to incorporate Wis. Stats. 15.05, 19.45(2), and
19.46 into Wisconsin's SIP. EPA is further proposing to approve these
submissions as meeting CAA obligations under section 128, as well as
110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS.

VI. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Wis. Stats. 15.05, effective July 2, 2013, Wis. Stats.
19.45(2), effective May 11, 1990, and Wis. Stats. 19.46, effective
February 17, 2007. EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.

    Dated: August 28, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-22713 Filed 9-10-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Page 3810]
[FR Doc No: 2016-01276]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4248-DR; Docket ID FEMA-2016-0001]

Mississippi; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Mississippi (FEMA-4248-DR), dated January 4, 2016, and
related determinations.

DATES: Effective Date: January 15, 2016.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Mississippi is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of January 4, 2016.

Panola County for Public Assistance. Coahoma and Quitman Counties
for Public Assistance (already designated for Individual
Assistance).

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-01276 Filed 1-21-16; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39882-39884]
[FR Doc No: 2018-17263]

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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.

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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<PHONE_NUMBER>,
email [email protected].

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
Sec.  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[deg]57'32'' N, 90[deg]03'05'' W) and MM 97 (29[deg]55'19''
N, 90[deg]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<PHONE_NUMBER>. 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

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 one-hour
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

0
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.

0
2. Add Sec.  165.845 above the center heading ``Ninth Coast Guard
District'' to read as follows:

Sec.  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[deg]57'32'' N, 90[deg]03'05'' W) to MM 97 (29[deg]55'19''
N, 90[deg]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
Sec.  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