[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Page 35207]
[FR Doc No: 2015-15146]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 200, 230, 232, 239, 240, 249 and 260

[Release Nos. 33-9741B; 34-74578B; 39-2501B; File No. S7-11-13]
RIN 3235-AL39

Amendments for Small and Additional Issues Exemptions Under the
Securities Act (Regulation A)

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; correction.

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SUMMARY: This document corrects the designation of a paragraph in Item
6 of Part I to Form 1-A in a final rule published in the Federal
Register of April 20, 2015, regarding the Amendments for Small and
Additional Issues Exemptions under the Securities Act (Regulation A).

DATES: This correction is effective June 19, 2015.

FOR FURTHER INFORMATION CONTACT: Linda Cullen, Office of the Secretary
at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In FR Document No. 2015-07305 beginning on
page 21806 for Monday, April 20, 2015, the following correction is
made:

Form 1-A [Corrected]

    On page 21906, in the first column, third line, paragraph (e) of
Form 1-A is redesignated as paragraph (d).

    Dated: June 16, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-15146 Filed 6-18-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: March 4, 2008 (Volume 73, Number 43)]
[Rules and Regulations]
[Page 11529-11531]
[DOCID:fr04mr08-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0215; Directorate Identifier 2007-NM-216-AD;
Amendment 39-15407; AD 2008-05-13]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to certain Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes. The existing AD currently requires
inspecting contactors 1K4XD, 2K4XD, and K4XA to determine the type of
terminal base plate, and applying sealant on the terminal base plates
if necessary. This AD requires an inspection to determine if certain
alternating current (AC) service and utility bus contactors have a
terminal base plate made from non-G9 melamine material, and corrective
actions if necessary; or re-identification of the mounting tray of the
contactors; as applicable. This AD also limits the applicability of the
existing AD. This AD results from incidents of short circuit failures
of certain AC contactors located in the avionics bay. We are issuing
this AD to prevent short circuit failures of certain AC contactors,
which could result in arcing and consequent smoke or fire.

DATES: This AD becomes effective April 8, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of April 8,
2008.
    On August 9, 2006 (71 FR 45364, August 9, 2006), the Director of
the Federal Register approved the incorporation by reference of
Bombardier Service Bulletin 601R-24-122, Revision A, dated July 13,
2006.

ADDRESSES: For service information identified in this AD, contact
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station
Centre-ville, Montreal, Quebec H3C 3G9, Canada.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2006-17-14, amendment
39-14735 (71 FR 49337, August 23, 2006). The existing AD applies to
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. That NPRM was published in the Federal Register on November
21, 2007 (72 FR 65474). That NPRM proposed to require inspecting
contactors 1K4XD, 2K4XD, and K4XA to determine the type of terminal
base plate, and applying sealant on the terminal base plates, if
necessary. That NPRM also proposed to require an inspection to
determine if certain alternating current (AC) service and utility bus
contactors have a terminal base plate made from non-G9 melamine
material, and corrective actions if necessary; or re-identification of
the mounting tray of the contactors; as applicable.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received from one commenter.

Request To Give Credit for Actions Already Done

    The commenter, Larry Nelson, requests that the phrase ``unless
already accomplished'' be added to paragraph (h) of the NPRM after the
compliance time. The commenter notes that Canadian airworthiness
directive CF-2006-17R1, dated May 30, 2007 (referred to in the NPRM as
related information), states, ``Within 12 months from the effective
date of this directive, unless already accomplished.''
    We do not agree. A similar phrase is already in paragraph (e) of
this AD. Paragraph (e) states, ``You are responsible for having the
actions required by this AD performed within the compliance times
specified, unless the actions have already been done.'' We have not
changed the AD in this regard.

Request To Allow Earlier Revisions of Service Bulletin

    The commenter, Larry Nelson, requests that Bombardier Service
Bulletin 601R-24-123, dated November 13, 2006; or Revision A, dated
December 7, 2006; be considered acceptable for compliance with the
actions specified in paragraph (h) of the NPRM. The commenter states
that the technical content in Bombardier Service Bulletin 601R-24-123,
Revision B, dated February 16, 2007 (referred to in the NPRM as the
appropriate source of service information for doing the proposed
actions) did not change.
    We do not agree. Bombardier Service Bulletin 601R-24-123, Revision
B, includes additional actions (i.e., a general visual inspection, re-
identification, and applicable corrective actions, as identified as
Part C in the service bulletin) beyond those in earlier revisions of
the service bulletin. Also, Canadian airworthiness directive CF-2006-
17R1, which this AD parallels, refers to Revision B or later revisions
of the service bulletin as the appropriate source of service
information for doing the required actions. However, this AD does not
refer to ``or later revisions'' of the service bulletin. Affected
operators may request approval to use a later revision of the
referenced service bulletin as an alternative method of compliance,
under the provisions of paragraph (j) of the AD. We have not changed
the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the
comment that has been received, and determined that air safety and the
public interest require adopting the AD as proposed.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                                                                   Average                                 U.S.-
                Action                        Work hours          labor rate     Cost per  airplane      registered               Fleet cost
                                                                   per hour                              airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection (required by AD 2006-17-    3.......................          $80  $240....................          739  $177,360.
 14).
New actions (depending on the          1 or 2..................           80  $80 or $160.............          739  Between $59,120 and $118,240.
 airplane configuration).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14735 (71 FR 49337, August 23, 2006) and adding
the following new airworthiness directive (AD):

2008-05-13 Bombardier, Inc. (Formerly Canadair): Amendment 39-15407.
Docket No. FAA-2007-0215; Directorate Identifier 2007-NM-216-AD.

Effective Date

    (a) This AD becomes effective April 8, 2008.

Affected ADs

    (b) This AD supersedes AD 2006-17-14.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional
Jet Series 100 and 440) airplanes, certificated in any category;
serial numbers 7003 through 7990 inclusive, and 8000 through 8070
inclusive.

Unsafe Condition

    (d) This AD results from incidents of short circuit failures of
certain alternating current (AC) contactors located in the avionics
bay. We are issuing this AD to prevent short circuit failures of
certain AC contactors, which could result in arcing and consequent
smoke or fire.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

REQUIREMENTS OF AD 2006-17-14

Inspection and Corrective Action

    (f) Within 800 flight hours or four months after September 7,
2006 (the effective date of AD 2006-17-14), whichever occurs first:
Do a general visual inspection of AC bus contactors 1K4XD and 2K4XD,
part number (P/N) D-18ZZA, and the bus contactor K4XA, P/N D-7GRZ,
to determine which contactors have an Ultem 2200 terminal base plate
(i.e., the plate is made from a black molded thermal plastic
material), and apply RTV sealant to the terminal base plate, as
applicable, by doing all the actions specified in the Accomplishment
Instructions of Bombardier Service Bulletin 601R-24-122, Revision A,
dated July 13, 2006. Do all applicable applications of sealant
before further flight.

    Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''

Previous Actions Accomplished According to Other Service Information

    (g) Actions accomplished before September 7, 2006, in accordance
with Bombardier Drawing Number K601R50180, dated June 2, 2006; or
Bombardier Service Bulletin 601R-24-122, dated June 27, 2006; are
considered acceptable for compliance with the actions specified in
paragraph (f) of this AD.

NEW REQUIREMENTS OF THIS AD

Inspection and Corrective Action

    (h) Within 12 months after the effective date of this AD, do a
general visual inspection, re-identification, and corrective
actions, as applicable, by doing all the applicable actions
specified in the Accomplishment Instructions of Bombardier Service
Bulletin 601R-24-123, Revision B, dated February 16, 2007. Do the
applicable corrective action before further flight. Accomplishment
of these actions constitutes terminating action for the requirements
of this AD.

Parts Installation

    (i) As of the effective date of this AD, no person may install
any AC contactor 1K4XD, 2K4XD, or K4XA, having a non-G9 melamine
terminal base plate, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, New York Aircraft Certification Office, FAA,
has the authority to

approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Related Information

    (k) Canadian airworthiness directive CF-2006-17R1, dated May 30,
2007, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Bombardier Service Bulletin 601R-24-122,
Revision A, dated July 13, 2006; and Bombardier Service Bulletin
601R-24-123, Revision B, dated February 16, 2007, to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of Bombardier Service Bulletin 601R-24-
123, Revision B, dated February 16, 2007, in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) On August 9, 2006 (71 FR 45364, August 9, 2006), the
Director of the Federal Register approved the incorporation by
reference of Bombardier Service Bulletin 601R-24-122, Revision A,
dated July 13, 2006.
    (3) Contact Bombardier, Inc., Canadair, Aerospace Group, P.O.
Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada,
for a copy of this service information. You may review copies at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 25, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-3982 Filed 3-3-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70227-70228]
[FR Doc No: 2010-28922]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

November 4, 2010.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC11-14-000.
    Applicants: Front Range Power Company, LLC.
    Description: Application for authorization for disposition of
jurisdictional facilities and request for expedited and privileged
treatment of Exhibit I re Front Range Power Company.
    Filed Date: 10/26/2010.
    Accession Number: 20101027-0201.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 16, 2010.

    Docket Numbers: EC11-16-000.
    Applicants: Cedar Creek II, LLC, Cedar Creek Wind Energy, LLC.
    Description: Application of Cedar Creek Wind Energy, LLC, and Cedar
Creek II, LLC, for Transaction Approval Per Federal Power Act.
    Filed Date: 11/03/2010.
    Accession Number: 20101103-5116.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 24, 2010.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG11-8-000.
    Applicants: Cedar Creek II, LLC.
    Description: Self-Certification of EWG Status of Cedar Creek II,
LLC.
    Filed Date: 11/03/2010.
    Accession Number: 20101103-5101.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 24, 2010.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER98-4336-016; ER00-1814-012; ER99-1435-024.
    Applicants: Spokane Energy LLC; Avista Corporation; Avista Turbine
Power, Inc.
    Description: Avista Corporation's et al., submits Tables 8.1a
through 8.1f of the Generation Market Power Analysis revised for the
correct format specified in Order 697-A.
    Filed Date: 10/29/2010.
    Accession Number: 20101101-0007.
    Comment Date: 5 p.m. Eastern Time on Friday, November 19, 2010.

    Docket Numbers: ER10-2664-001.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.17(b): Resubmission of Revised SGIA and SA for
FlexEnergy's Lamb Canyon Project to be effective 11/16/2010.
    Filed Date: 11/04/2010.
    Accession Number: 20101104-5017.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER10-2815-001.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.17(b): Resubmission of Revised City of Banning Wholesale
Dist Load IFA for 3rd 33kV Line to be effective 11/22/2010.
    Filed Date: 11/04/2010.
    Accession Number: 20101104-5018.
    Comment Date: 5 p.m. Eastern Time on Friday, November 26, 2010.

    Docket Numbers: ER11-25-001.
    Applicants: Avista Corporation.
    Description: Avista Corporation submits the OATT Service Agreement
No. T-1084 to be effective 12/31/9998.
    Filed Date: 11/04/2010.
    Accession Number: 20101104-5088.
    Comment Date: 5 p.m. Eastern Time on Friday, November 26, 2010.

    Docket Numbers: ER11-2025-000.
    Applicants: Safe Harbor Water Power Corporation.
    Description: Safe Harbor Water Power Corporation submits request
for a continued extension to 12/31/10 to file its baseline electronic
tariffs, pursuant to Order 714.
    Filed Date: 11/03/2010.
    Accession Number: 20101103-0202.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 24, 2010.

    Docket Numbers: ER11-2026-000.
    Applicants: KCP&L Greater Missouri Operations Company.
    Description: KCP&L Greater Missouri Operations Company submits
tariff filing per 35: GMO Order 739 Compliance Filing (Section 23.1) to
be effective 10/1/2010.
    Filed Date: 11/03/2010.
    Accession Number: 20101103-5086.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 24, 2010.

    Docket Numbers: ER11-2027-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35.13(a)(2)(iii):
City of Nephi Vickers POD Construction Agreement to be effective 11/4/
2010.
    Filed Date: 11/03/2010.
    Accession Number: 20101103-5091.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 24, 2010.

    Docket Numbers: ER11-2028-000.
    Applicants: EDF Industrial Power Services (IL), LLC.

    Description: EDF Industrial Power Services (IL), LLC submits tariff
filing per 35.13(a)(2)(iii): Market Based Rate to be effective 11/3/
2010.
    Filed Date: 11/03/2010.
    Accession Number: 20101103-5097.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 24, 2010.

    Docket Numbers: ER11-2029-000.
    Applicants: Cedar Creek II, LLC.
    Description: Cedar Creek II, LLC submits tariff filing per 35.12:
MBR Application of Cedar Creek II, LLC to be effective 12/16/2010.
    Filed Date: 11/03/2010.
    Accession Number: 20101103-5105.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 24, 2010.

    Docket Numbers: ER11-2030-000.
    Applicants: Hinson Power Company, LLC.
    Description: Hinson Power Company, LLC submits baseline tariff,
Electric Sales Rate Schedule No. 1, to be effective 11/3/2010.
    Filed Date: 11/04/2010.
    Accession Number: 20101104-5001.
    Comment Date: 5 p.m. Eastern Time on Friday, November 26, 2010.

    Docket Numbers: ER11-2031-000.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Company submits tariff
filing per 35.13(a)(2)(iii): 2010--11--4--Coversheet--612-SPS to be
effective 11/1/2010 under ER11-02031-000 Filing Type: 10.
    Filed Date: 11/04/2010.
    Accession Number: 20101104-5083.
    Comment Date: 5 p.m. Eastern Time on Friday, November 26, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-28922 Filed 11-16-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Proposed Rules]
[Pages 58147-58149]
[FR Doc No: 2017-26559]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0929]
RIN 1625-AA00

Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for the navigable waters of the Lower Mississippi River between mile
marker (MM) 94 and MM 95, above Head of Passes. This action is
necessary to provide for the safety of life on these navigable waters
near New Orleans, LA, during a fireworks display on April 21, 2018.
This proposed rulemaking would prohibit persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
Sector New Orleans (COTP) 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 February 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0930 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 (LCDR) Howard
Vacco, 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On September 14, 2017, New Orleans Convention Company, Inc.
notified the Coast Guard that it will be conducting a fireworks display
from 7:30 p.m. to 8:30 p.m. on April 21, 2018. The fireworks are to be
launched from a barge on the Lower Mississippi River at approximate
mile marker (MM) 94.5, above Head of Passes, off Algiers Point, New
Orleans, LA. Hazards from firework displays include discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Sector New Orleans (COTP) has
determined that potential hazards associated with the fireworks would
be a safety concern for anyone within a one-mile length of the river.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a one-mile range of the fireworks barge
before, during, and after the scheduled event. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 7:30 p.m. through
8:30 p.m. on April 21, 2018. The safety zone would cover all navigable
waters of the Lower Mississippi River between MM 94 and MM 95, 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 fireworks display. No vessel or person would be permitted
to enter the safety zone without obtaining permission from the COTP or
a designated representative. The regulatory text we are proposing
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 and short
duration of the waterway closure, which will remain in effect for one
hour on a one-mile section of the waterway. In addition, vessel traffic
seeking to transit the area may seek permission from the COTP or his
designated representative to do so.

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
safety zone 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 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 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 made
a preliminary determination 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 proposed rule involves a safety
zone lasting one hour that would prohibit entry within a one mile
section of the Lower Mississippi River. Normally such actions are
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 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 Web site'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

    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.T08-0929 to read as follows:

Sec.  165.T08-0929   Safety Zone; Mississippi River, New Orleans, LA

    (a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River between mile marker (MM) 94 and
MM 95 above Head of Passes, New Orleans, LA.
    (b) Effective period. This rule is effective from 7:30 p.m. through
8:30 p.m. on April 21, 2018.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
specifically 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.
    (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 through Broadcast Notices to Mariners of any
changes in the planned schedule.

    Dated: December 4, 2017.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2017-26559 Filed 12-8-17; 8:45 am]
 BILLING CODE 9110-04-P