83 FR 11881 - Special Local Regulation; Clinch River, Oak Ridge, TN
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 53 (March 19, 2018)
Coast Guard
Federal Register Volume 83, Issue 53 (March 19, 2018)
| Page Range | 11881-11883 | |
| FR Document | 2018-05461 |
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)] [Rules and Regulations] [Pages 11881-11883] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05461] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0096] RIN 1625-AA08 Special Local Regulation; Clinch River, Oak Ridge, TN AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary special local regulation for all navigable waters of the Clinch River, extending the entire width of the river, from mile marker (MM) 49.5 to MM 52.0. This special local regulation is necessary to provide for the safety of life on these navigable waters near Oak Ridge, TN during the Cardinal Invitational Regatta marine event. Entry into, transiting through, or anchoring within this regulated area is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. [[Page 11882]] DATES: This rule is effective from 6 a.m. on March 16, 2018 through 5 p.m. on March 18, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0096 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 on this rule, call or email Petty Officer Vera Max, Marine Safety Detachment Nashville, U.S. Coast Guard; telephone 615-736-5421, email MSDNashville@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio Valley 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 is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish this restricted area by March 16, 2018 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. The NPRM process would delay the establishment of the special local regulation until after the scheduled date of the marine event and jeopardize public safety. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying this rule would be impracticable and contrary to the public interest because immediate action is necessary to protect persons and property from the dangers associated with the marine event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Captain of the Port Sector Ohio Valley (COTP) has determined that potential hazards associated with the Oak Ridge Rowing Association Cardinal Invitational Regatta marine event, occurring from 6 a.m. through 5 p.m. each day from March 16, 2018 through March 18, 2018, will be a safety concern for all navigable waters on the Clinch River, extending the entire width of the river, from mile marker (MM) 49.5 to MM 52.0. The purpose of this rule is to ensure the safety of life and vessels on these navigable waters before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a special local regulation from 6 a.m. through 5 p.m. each day from March 16, 2018 through March 18, 2018 for all navigable waters of the Clinch River, extending the entire width of the river, from MM 49.5 to MM 52.0. Enforcement of the regulated area will occur from 6 a.m. to 5 p.m. daily. The duration of the special local regulation is intended to ensure the safety of life and vessels on these navigable waters before, during, and after the scheduled event. No vessel or person will be permitted to enter the special local regulated area without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Ohio Valley. They may be contacted on VHF-FM Channel 16 or by telephone at 1-800-253-7465. Persons and vessels permitted to enter this regulated area must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the 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 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-day of the special local regulation. The Coast Guard will issue written Local Notice to Mariners and Broadcast Notice to Mariners via VHF-FM marine channel 16 about the temporary special local regulation. 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 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 special local regulation, 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 [[Page 11883]] 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 above. 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, which guides 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 the establishment of a special local regulation lasting eleven hours on three days extending a distance of less than three miles that will prohibit entry on all navigable waters of the Clinch River from MM 49.5 to MM 52.0. It is categorically excluded from further review under paragraph L63(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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 0 2. Add Sec. 100.35T08-0096 to read as follows: Sec. 100.35T08-0096 Special Local Regulation; Clinch River, Oak Ridge, TN. (a) Location. The following area is a temporary special local regulation: All navigable waters of the Clinch River, extending the entire width of the river, between mile marker (MM) 49.5 and MM 52.0, Oak Ridge, TN. (b) Effective period. This section is effective from 6 a.m. on March 16, 2018 through 5 p.m. on March 18, 2018. (c) Special local regulations. (1) Entry into this area is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Ohio Valley. (2) Persons or vessels seeking to enter the regulated area must request permission from the COTP or a designated representative on VHF- FM channel 16 or by telephone at 1-800-253-7465. (3) Persons and vessels permitted to enter this regulated area must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. (d) Informational broadcasts. The COTP or a designated representative will inform the public through local notice to mariners and Broadcast Notices to Mariners of the enforcement period for the regulated area as well as any changes in the planned schedule. Dated: March 12, 2018. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2018-05461 Filed 3-16-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations 11881
PART 598—FOREIGN NARCOTICS Subpart G—Penalties Authority: 12 U.S.C. 1829b and 1951–
KINGPIN SANCTIONS REGULATIONS 1959; 31 U.S.C. 5311–5314 and 5316–5332;
§ 598.701 [Amended] title III, sec. 314, Pub. L. 107–56, 115 Stat.
■ 49. In the note to paragraph (a)(3) in 307; sec. 701. Pub. L. 114–74, 129 Stat. 599.
■ 48. The authority citation for part 598
continues to read as follows: § 598.701, remove ‘‘As of January 15, ■ 51. Amend § 1010.821 by revising
2017, the’’ and add in its place ‘‘The’’, Table 1 of § 1010.821 to read as follows:
Authority: 3 U.S.C. 301; 21 U.S.C. 1901– and remove ‘‘$1,437,153’’ and add in its
1908; 31 U.S.C. 321(b); Pub. L. 101–410, 104 place ‘‘$1,466,485’’. § 1010.821 Penalty adjustment and table.
Stat. 890 (28 U.S.C. 2461 note).
PART 1010—GENERAL PROVISIONS * * * * *
(b) * * *
■ 50. The authority citation for part
1010 continues to read as follows:
TABLE 1 OF § 1010.821—PENALTY ADJUSTMENT TABLE
New maximum New maximum
penalty penalty
amounts or amounts or
range of range of
minimum and minimum
maximum
Penalties as and
U.S. Code Civil monetary penalty penalty
last amended maximum
citation description amounts for
by statute penalty
penalties amounts for
assessed penalties
after assessed
8/1/2016 after
but before 1/15/2017
1/16/2017
12 U.S.C. 1829b(j) Relating to Recordkeeping Violations $10,000 $20,111 $20,521
For Funds Transfers.
12 U.S.C. 1955 ...... Willful or Grossly Negligent Record- 10,000 20,111 20,521
keeping Violations.
31 U.S.C. Failure to Terminate Correspondent Re- 10,000 13,603 13,881
5318(k)(3)(C). lationship with Foreign Bank.
31 U.S.C. General Civil Penalty Provision for Will- 25,000–100,000 54,789–219,156 55,907–223,629
5321(a)(1). ful Violations of Bank Secrecy Act Re-
quirements.
31 U.S.C. Foreign Financial Agency Transaction— 10,000 12,663 12,921
5321(a)(5)(B)(i).. Non-Willful Violation of Transaction.
31 U.S.C. Foreign Financial Agency Transaction— 100,000 126,626 129,210
5321(a)(5)(C). Willful Violation of Transaction.
31 U.S.C. Negligent Violation by Financial Institu- 500 1,096 1,118
5321(a)(6)(A). tion or Non-Financial Trade or Busi-
ness.
31 U.S.C. Pattern of Negligent Activity by Financial 50,000 85,236 86,976
5321(a)(6)(B). Institution or Non-Financial Trade or
Business.
31 U.S.C. Violation of Certain Due Diligence Re- 1,000,000 1,360,317 1,388,081
5321(a)(7). quirements, Prohibition on Cor-
respondent Accounts for Shell Banks,
and Special Measures.
31 U.S.C. 5330(e) .. Civil Penalty for Failure to Register as 5,000 8,084 8,249
Money Transmitting Business.
Ryan Brady, DEPARTMENT OF HOMELAND SUMMARY: The Coast Guard is
Executive Secretary. SECURITY establishing a temporary special local
[FR Doc. 2018–05550 Filed 3–16–18; 8:45 am] regulation for all navigable waters of the
Coast Guard Clinch River, extending the entire width
BILLING CODE 4810–35–P
of the river, from mile marker (MM) 49.5
33 CFR Part 100 to MM 52.0. This special local
regulation is necessary to provide for
[Docket Number USCG–2018–0096]
the safety of life on these navigable
waters near Oak Ridge, TN during the
nshattuck on DSK9F9SC42PROD with RULES
RIN 1625–AA08
Cardinal Invitational Regatta marine
Special Local Regulation; Clinch River, event. Entry into, transiting through, or
Oak Ridge, TN anchoring within this regulated area is
prohibited unless authorized by the
AGENCY: Coast Guard, DHS. Captain of the Port Sector Ohio Valley
ACTION: Temporary final rule. (COTP) or a designated representative.
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![Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations 11883
about this rule or any policy or action regulation lasting eleven hours on three (3) Persons and vessels permitted to
of the Coast Guard. days extending a distance of less than enter this regulated area must transit at
three miles that will prohibit entry on their slowest safe speed and comply
C. Collection of Information
all navigable waters of the Clinch River with all lawful directions issued by the
This rule will not call for a new from MM 49.5 to MM 52.0. It is COTP or the designated representative.
collection of information under the categorically excluded from further (d) Informational broadcasts. The
Paperwork Reduction Act of 1995 (44 review under paragraph L63(a) of COTP or a designated representative
U.S.C. 3501–3520). Appendix A, Table 1 of DHS Instruction will inform the public through local
D. Federalism and Indian Tribal Manual 023–01–001–01, Rev. 01. A notice to mariners and Broadcast
Governments Record of Environmental Consideration Notices to Mariners of the enforcement
supporting this determination is period for the regulated area as well as
A rule has implications for federalism available in the docket where indicated any changes in the planned schedule.
under Executive Order 13132, under ADDRESSES. Dated: March 12, 2018.
Federalism, if it has a substantial direct
effect on the States, on the relationship G. Protest Activities M.B. Zamperini,
between the national government and Captain, U.S. Coast Guard, Captain of the
The Coast Guard respects the First
the States, or on the distribution of Port Sector Ohio Valley.
Amendment rights of protesters.
power and responsibilities among the [FR Doc. 2018–05461 Filed 3–16–18; 8:45 am]
Protesters are asked to contact the
various levels of government. We have person listed in the FOR FURTHER BILLING CODE 9110–04–P
analyzed this rule under that Order and INFORMATION CONTACT section to
have determined that it is consistent coordinate protest activities so that your
with the fundamental federalism DEPARTMENT OF HOMELAND
message can be received without
principles and preemption requirements SECURITY
jeopardizing the safety or security of
described in Executive Order 13132. people, places or vessels.
Also, this rule does not have tribal Coast Guard
implications under Executive Order List of Subjects in 33 CFR Part 100
13175, Consultation and Coordination 33 CFR Part 165
Marine safety, Navigation (water),
with Indian Tribal Governments, Reporting and recordkeeping [Docket No. USCG–2018–0146]
because it does not have a substantial requirements, Waterways.
direct effect on one or more Indian For the reasons discussed in the Safety Zone; Pittsburgh Pirates
tribes, on the relationship between the preamble, the Coast Guard amends 33 Fireworks, Allegheny River, Pittsburgh,
Federal Government and Indian tribes, CFR part 100 as follows: PA
or on the distribution of power and AGENCY: Coast Guard, DHS.
responsibilities between the Federal PART 100—SAFETY OF LIFE ON ACTION: Notice of enforcement of
Government and Indian tribes. If you NAVIGABLE WATERS regulation.
believe this rule has implications for
federalism or Indian tribes, please ■ 1. The authority citation for part 100 SUMMARY: The Coast Guard will enforce
contact the person listed in the FOR continues to read as follows: safety zones for the Pittsburgh Pirates
FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1233. Fireworks on the Allegheny River,
above. ■ 2. Add § 100.35T08–0096 to read as extending the entire width of the river,
E. Unfunded Mandates Reform Act follows: from mile 0.2 to 0.8 in Pittsburgh, PA.
The safety zones are necessary to protect
The Unfunded Mandates Reform Act § 100.35T08–0096 Special Local vessels transiting the area and event
of 1995 (2 U.S.C. 1531–1538) requires Regulation; Clinch River, Oak Ridge, TN.
spectators from the hazards associated
Federal agencies to assess the effects of (a) Location. The following area is a with the Pittsburgh Pirates barge-based
their discretionary regulatory actions. In temporary special local regulation: All firework displays following certain
particular, the Act addresses actions navigable waters of the Clinch River, home games throughout the season.
that may result in the expenditure by a extending the entire width of the river, During the enforcement period, entry
State, local, or tribal government, in the between mile marker (MM) 49.5 and into, transiting, or anchoring in the
aggregate, or by the private sector of MM 52.0, Oak Ridge, TN. safety zones is prohibited to all vessels
$100,000,000 (adjusted for inflation) or (b) Effective period. This section is not registered with the sponsor as
more in any one year. Though this rule effective from 6 a.m. on March 16, 2018 participants or official patrol vessels,
will not result in such an expenditure, through 5 p.m. on March 18, 2018. unless specifically authorized by the
we do discuss the effects of this rule (c) Special local regulations. Captain of the Port Marine Safety Unit
elsewhere in this preamble. (1) Entry into this area is prohibited
Pittsburgh (COTP) or a designated
unless authorized by the Captain of the
F. Environment representative.
Port Sector Ohio Valley (COTP) or a
We have analyzed this rule under designated representative. A designated DATES: The regulations in 33 CFR
Department of Homeland Security representative is a commissioned, 165.801, Table 1, Line 1 will be
Directive 023–01, which guides the warrant, or petty officer of the U.S. enforced from 8 p.m. through 11:59 p.m.
Coast Guard in complying with the Coast Guard assigned to units under the each day on April 7, April 28, May 18,
National Environmental Policy Act of operational control of USCG Sector June 22, July 28, August 18, and
nshattuck on DSK9F9SC42PROD with RULES
1969 (42 U.S.C. 4321–4370f), and have Ohio Valley. September 21, 2018, unless the firework
determined that this action is one of a (2) Persons or vessels seeking to enter displays are postponed because of
category of actions that do not the regulated area must request adverse weather, in which case, this
individually or cumulatively have a permission from the COTP or a rule will be enforced within 48 hours of
significant effect on the human designated representative on VHF–FM each scheduled date.
environment. This rule involves the channel 16 or by telephone at 1–800– FOR FURTHER INFORMATION CONTACT: If
establishment of a special local 253–7465. you have questions about this notice of
VerDate Sep<11>2014 14:37 Mar 16, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\19MRR1.SGM 19MRR1](https://thefederalregister.org/doc/83_FR_11934/page/3.svg)
Document Created: 2018-03-17 04:24:53
Document Modified: 2018-03-17 04:24:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 6 a.m. on March 16, 2018 through 5 p.m. on March 18, 2018. | |
| Contact | If you have questions on this rule, call or email Petty Officer Vera Max, Marine Safety Detachment Nashville, U.S. Coast Guard; telephone 615-736-5421, email [email protected] | |
| FR Citation | 83 FR 11881 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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