83_FR_42941 83 FR 42776 - Safety Zone; Lower Mississippi River, Mile Markers 230.4 to 215, Baton Rouge, LA

83 FR 42776 - Safety Zone; Lower Mississippi River, Mile Markers 230.4 to 215, Baton Rouge, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 165 (August 24, 2018)

Page Range42776-42778
FR Document2018-18390

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Lower Mississippi River from mile marker (MM) 230.4 to MM 215, above Head of Passes. This safety zone is necessary to protect persons, vessels, and the marine environment from potential safety hazards associated with the Big River Regional 2018 Paddle Board Race. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans or a designated representative.

Federal Register, Volume 83 Issue 165 (Friday, August 24, 2018)
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42776-42778]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18390]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0744]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Markers 230.4 to 215, 
Baton Rouge, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Lower Mississippi River from mile marker 
(MM) 230.4 to MM 215, above Head of Passes. This safety zone is 
necessary to protect persons, vessels, and the marine environment from 
potential safety hazards associated with the Big River Regional 2018 
Paddle Board Race. Entry of persons or vessels into this safety zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector New Orleans or a designated representative.

DATES: This rule is effective from 7:30 a.m. through noon on September 
1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0744 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 Lieutenant Justin Maio, Marine Safety Unit Baton Rouge, 
U.S. Coast Guard; telephone 225-298-5400, ext. 230, 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 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)(3)(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 safety zone by September 1, 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 safety zone until after the date of the paddle 
board race and compromise 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 
contrary to the public interest of ensuring the safety of spectators 
and vessels during the event because immediate action is necessary to 
respond to the potential safety hazards associated with the paddle 
board race.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector New Orleans (COTP) has determined 
that potential hazards associated with the paddle board race occurring 
over a fifteen and half mile stretch of the Lower Mississippi River 
will be a safety concern. The purpose of this rule is to ensure the 
safety of life and vessels on the navigable waters in the safety zone 
before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 7:30 a.m. 
through noon on September 1, 2018. The safety zone will cover all 
navigable waters of the Lower Mississippi River from MM 230.4 to MM 
215, above Head of Passes. The duration of the zone is intended to 
ensure the safety of persons, vessels, and the marine environment on 
these navigable waters before, during, and after the scheduled paddle 
board race.
    No vessel or person will be permitted to enter the safety zone 
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 New Orleans. A designated 
representative may be a Patrol Commander (PATCOM). The PATCOM may be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM 
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''. 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 through USCG Marine Safety 
Unit Baton Rouge at 225-281-4789. All persons and vessels permitted to 
enter this safety zone must transit at the slowest safe speed and 
comply with all lawful directions issued by the COTP or the designated 
representative. The COTP or a designated representative will inform the 
public of the enforcement times and date for this safety zone through 
Broadcast Notices to Mariners (BNMs), Local Notices 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 13563 (``Improving Regulation and Regulatory 
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic, 
environmental, public health and safety

[[Page 42777]]

effects, distributive impacts, and equity). Executive Order 13563 
emphasizes the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. 
Executive Order 13771 (``Reducing Regulation and Controlling Regulatory 
Costs'') directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. As this 
rule is not a significant regulatory action, this rule is exempt from 
the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. The safety zone 
will prohibit entry on a fifteen and a half miles stretch of the Lower 
Mississippi River for four and a half hours on one morning. Moreover, 
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule allows vessels to seek 
permission to enter the zone.

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 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section 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 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 
a safety zone that will prohibit entry on a fifteen and a half mile 
stretch of the Lower Mississippi River for four and a half hours on one 
morning. 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.T08-0744 to read as follows:

[[Page 42778]]

Sec.  165.T08-0744  Safety Zone; Lower Mississippi River, Mile Markers 
230.4 to 215, Baton Rouge, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River from mile markers (MM) 230.4 to 
MM 215 above Head of Passes, Baton Rouge, LA.
    (b) Effective period. This section is effective from 07:30 a.m. 
through noon on September 1, 2018.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port Sector New Orleans (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 New Orleans. A designated 
representative may be a Patrol Commander (PATCOM). The PATCOM may be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM 
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''.
    (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, or through the Marine Safety Unit 
Baton Rouge Officer of the Day at 225-281-4789.
    (3) All persons and vessels permitted to enter this safety zone 
must transit at the 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 of the enforcement times and date 
for this safety zone through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs), as appropriate.

    Dated: August 17, 2018.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-18390 Filed 8-23-18; 8:45 am]
 BILLING CODE 9110-04-P



                                              42776              Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations

                                              that section to exercise all of the power and           Safety Unit Baton Rouge, U.S. Coast                   IV. Discussion of the Rule
                                              authority vested in the Attorney General                Guard; telephone 225–298–5400, ext.
                                              under Section 4102 of title 18, U.S. Code,                                                                       This rule establishes a temporary
                                                                                                      230, email Justin.P.Maio@uscg.mil.                    safety zone from 7:30 a.m. through noon
                                              which has not been delegated to the Director
                                              of the Bureau of Prisons, including                     SUPPLEMENTARY INFORMATION:                            on September 1, 2018. The safety zone
                                              specifically the authority to find the transfer         I. Table of Abbreviations                             will cover all navigable waters of the
                                              of offenders to or from a foreign country                                                                     Lower Mississippi River from MM 230.4
                                              under a treaty as referred to in Public Law             CFR Code of Federal Regulations                       to MM 215, above Head of Passes. The
                                              95–44 appropriate or inappropriate, is hereby           COTP Captain of the Port Sector New                   duration of the zone is intended to
                                              re-delegated to the Deputy Assistant                        Orleans
                                                                                                      DHS Department of Homeland Security
                                                                                                                                                            ensure the safety of persons, vessels,
                                              Attorneys General for the Criminal Division
                                              and to the Director, Deputy Directors, and the          FR Federal Register                                   and the marine environment on these
                                              Associate Director supervising the                      NPRM Notice of proposed rulemaking                    navigable waters before, during, and
                                              International Prisoner Transfer Unit of the             § Section                                             after the scheduled paddle board race.
                                              Office of International Affairs.                        U.S.C. United States Code                                No vessel or person will be permitted
                                                Dated: August 15, 2018.                                                                                     to enter the safety zone without
                                                                                                      II. Background Information and
                                              Brian A. Benczkowski,                                                                                         obtaining permission from the COTP or
                                                                                                      Regulatory History
                                              Assistant Attorney General, Criminal
                                                                                                                                                            a designated representative. A
                                              Division.                                                  The Coast Guard is issuing this                    designated representative is a
                                                                                                      temporary rule without prior notice and               commissioned, warrant, or petty officer
                                              [FR Doc. 2018–17949 Filed 8–23–18; 8:45 am]
                                                                                                      opportunity to comment pursuant to                    of the U.S. Coast Guard assigned to
                                              BILLING CODE 4410–14–P                                  authority under section 4(a) of the                   units under the operational control of
                                                                                                      Administrative Procedure Act (APA) (5                 USCG Sector New Orleans. A
                                                                                                      U.S.C. 553(b)). This provision                        designated representative may be a
                                              DEPARTMENT OF HOMELAND                                  authorizes an agency to issue a rule                  Patrol Commander (PATCOM). The
                                              SECURITY                                                without prior notice and opportunity to               PATCOM may be aboard either a Coast
                                                                                                      comment when the agency for good                      Guard or Coast Guard Auxiliary vessel.
                                              Coast Guard                                             cause finds that those procedures are                 The PATCOM may be contacted on
                                                                                                      ‘‘impracticable, unnecessary, or contrary             Channel 16 VHF–FM (156.8 MHz) by
                                              33 CFR Part 165                                         to the public interest.’’ Under 5 U.S.C.              the call sign ‘‘PATCOM’’. Vessels
                                              [Docket Number USCG–2018–0744]                          553(b)(3)(B), the Coast Guard finds that              requiring entry into this safety zone
                                                                                                      good cause exists for not publishing a                must request permission from the COTP
                                              RIN 1625–AA00
                                                                                                      notice of proposed rulemaking (NPRM)                  or a designated representative. They
                                              Safety Zone; Lower Mississippi River,                   with respect to this rule because it is               may be contacted on VHF–FM Channel
                                              Mile Markers 230.4 to 215, Baton                        impracticable. We must establish this                 16 or 67, or through USCG Marine
                                              Rouge, LA                                               safety zone by September 1, 2018, and                 Safety Unit Baton Rouge at 225–281–
                                                                                                      lack sufficient time to provide a                     4789. All persons and vessels permitted
                                              AGENCY:    Coast Guard, DHS.                            reasonable comment period and then                    to enter this safety zone must transit at
                                              ACTION:   Temporary final rule.                         consider those comments before issuing                the slowest safe speed and comply with
                                                                                                      this rule. The NPRM process would                     all lawful directions issued by the COTP
                                              SUMMARY:   The Coast Guard is                           delay the establishment of the safety                 or the designated representative. The
                                              establishing a temporary safety zone for                zone until after the date of the paddle               COTP or a designated representative
                                              all navigable waters of the Lower                       board race and compromise public                      will inform the public of the
                                              Mississippi River from mile marker                      safety.                                               enforcement times and date for this
                                              (MM) 230.4 to MM 215, above Head of                        Under 5 U.S.C. 553(d)(3), the Coast                safety zone through Broadcast Notices to
                                              Passes. This safety zone is necessary to                Guard finds that good cause exists for                Mariners (BNMs), Local Notices to
                                              protect persons, vessels, and the marine                making this rule effective less than 30               Mariners (LNMs), and/or Marine Safety
                                              environment from potential safety                       days after publication in the Federal                 Information Bulletins (MSIBs), as
                                              hazards associated with the Big River                   Register. Delaying this rule would be                 appropriate.
                                              Regional 2018 Paddle Board Race. Entry                  contrary to the public interest of
                                              of persons or vessels into this safety                  ensuring the safety of spectators and                 V. Regulatory Analyses
                                              zone is prohibited unless specifically                  vessels during the event because                        We developed this rule after
                                              authorized by the Captain of the Port                   immediate action is necessary to                      considering numerous statutes and
                                              Sector New Orleans or a designated                      respond to the potential safety hazards               Executive orders related to rulemaking.
                                              representative.                                         associated with the paddle board race.                Below we summarize our analyses
                                              DATES: This rule is effective from 7:30                                                                       based on a number of these statutes and
                                                                                                      III. Legal Authority and Need for Rule
                                              a.m. through noon on September 1,                                                                             Executive orders, and we discuss First
                                              2018.                                                     The Coast Guard is issuing this rule                Amendment rights of protestors.
                                                                                                      under authority in 33 U.S.C. 1231. The
                                              ADDRESSES:   To view documents                          Captain of the Port Sector New Orleans                A. Regulatory Planning and Review
                                              mentioned in this preamble as being                     (COTP) has determined that potential                     Executive Orders 13563 (‘‘Improving
                                              available in the docket, go to http://                  hazards associated with the paddle                    Regulation and Regulatory Review’’)
                                              www.regulations.gov, type USCG–2018–                    board race occurring over a fifteen and               and 12866 (‘‘Regulatory Planning and
sradovich on DSK3GMQ082PROD with RULES




                                              0744 in the ‘‘SEARCH’’ box and click                    half mile stretch of the Lower                        Review’’) direct agencies to assess the
                                              ‘‘SEARCH.’’ Click on Open Docket                        Mississippi River will be a safety                    costs and benefits of available regulatory
                                              Folder on the line associated with this                 concern. The purpose of this rule is to               alternatives and, if regulation is
                                              rule.                                                   ensure the safety of life and vessels on              necessary, to select regulatory
                                              FOR FURTHER INFORMATION CONTACT: If                     the navigable waters in the safety zone               approaches that maximize net benefits
                                              you have questions on this rule, call or                before, during, and after the scheduled               (including potential economic,
                                              email Lieutenant Justin Maio, Marine                    event.                                                environmental, public health and safety


                                         VerDate Sep<11>2014   00:53 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\24AUR1.SGM   24AUR1


                                                                 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations                                         42777

                                              effects, distributive impacts, and                      understanding this rule. If the rule                  their discretionary regulatory actions. In
                                              equity). Executive Order 13563                          would affect your small business,                     particular, the Act addresses actions
                                              emphasizes the importance of                            organization, or governmental                         that may result in the expenditure by a
                                              quantifying both costs and benefits, of                 jurisdiction and you have questions                   State, local, or tribal government, in the
                                              reducing costs, of harmonizing rules,                   concerning its provisions or options for              aggregate, or by the private sector of
                                              and of promoting flexibility. Executive                 compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                              Order 13771 (‘‘Reducing Regulation and                  listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                              Controlling Regulatory Costs’’) directs                 CONTACT section.                                      will not result in such an expenditure,
                                              agencies to reduce regulation and                          Small businesses may send comments                 we do discuss the effects of this rule
                                              control regulatory costs and provides                   on the actions of Federal employees                   elsewhere in this preamble.
                                              that ‘‘for every one new regulation                     who enforce, or otherwise determine
                                              issued, at least two prior regulations be               compliance with, Federal regulations to               F. Environment
                                              identified for elimination, and that the                the Small Business and Agriculture                      We have analyzed this rule under
                                              cost of planned regulations be prudently                Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                              managed and controlled through a                        and the Regional Small Business                       Directive 023–01 and Commandant
                                              budgeting process.’’                                    Regulatory Fairness Boards. The                       Instruction M16475.1D, which guide the
                                                 The Office of Management and Budget                  Ombudsman evaluates these actions                     Coast Guard in complying with the
                                              (OMB) has not designated this rule a                    annually and rates each agency’s                      National Environmental Policy Act of
                                              ‘‘significant regulatory action,’’ under                responsiveness to small business. If you              1969 (42 U.S.C. 4321–4370f), and have
                                              section 3(f) of Executive Order 12866.                  wish to comment on actions by                         determined that this action is one of a
                                              Accordingly, OMB has not reviewed it.                   employees of the Coast Guard, call 1–                 category of actions that do not
                                              As this rule is not a significant                       888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                              regulatory action, this rule is exempt                  Coast Guard will not retaliate against                significant effect on the human
                                              from the requirements of Executive                      small entities that question or complain              environment. This rule involves a safety
                                              Order 13771. See OMB’s Memorandum                       about this rule or any policy or action               zone that will prohibit entry on a fifteen
                                              ‘‘Guidance Implementing Executive                       of the Coast Guard.                                   and a half mile stretch of the Lower
                                              Order 13771, Titled ‘Reducing                                                                                 Mississippi River for four and a half
                                              Regulation and Controlling Regulatory                   C. Collection of Information
                                                                                                                                                            hours on one morning. It is categorically
                                              Costs’ ’’ (April 5, 2017).                                This rule will not call for a new                   excluded from further review under
                                                 This regulatory action determination                 collection of information under the                   paragraph L60(a) of Appendix A, Table
                                              is based on the size, location, duration,               Paperwork Reduction Act of 1995 (44                   1 of DHS Instruction Manual 023–01–
                                              and time-of-day of the safety zone. The                 U.S.C. 3501–3520).                                    001–01, Rev. 01. A Record of
                                              safety zone will prohibit entry on a                                                                          Environmental Consideration
                                              fifteen and a half miles stretch of the                 D. Federalism and Indian Tribal
                                                                                                      Governments                                           supporting this determination is
                                              Lower Mississippi River for four and a                                                                        available in the docket where indicated
                                              half hours on one morning. Moreover,                       A rule has implications for federalism
                                                                                                                                                            under ADDRESSES.
                                              the Coast Guard will issue Broadcast                    under Executive Order 13132,
                                              Notice to Mariners via VHF–FM marine                    Federalism, if it has a substantial direct            G. Protest Activities
                                              channel 16 about the zone, and the rule                 effect on the States, on the relationship               The Coast Guard respects the First
                                              allows vessels to seek permission to                    between the national government and                   Amendment rights of protesters.
                                              enter the zone.                                         the States, or on the distribution of                 Protesters are asked to contact the
                                                                                                      power and responsibilities among the                  person listed in the FOR FURTHER
                                              B. Impact on Small Entities                             various levels of government. We have                 INFORMATION CONTACT section to
                                                 The Regulatory Flexibility Act of                    analyzed this rule under that Order and               coordinate protest activities so that your
                                              1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 message can be received without
                                              requires Federal agencies to consider                   with the fundamental federalism                       jeopardizing the safety or security of
                                              the potential impact of regulations on                  principles and preemption requirements                people, places or vessels.
                                              small entities during rulemaking. The                   described in Executive Order 13132.
                                              term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                              businesses, not-for-profit organizations                implications under Executive Order
                                                                                                                                                              Harbors, Marine safety, Navigation
                                              that are independently owned and                        13175, Consultation and Coordination
                                                                                                                                                            (water), Reporting and recordkeeping
                                              operated and are not dominant in their                  with Indian Tribal Governments,
                                                                                                                                                            requirements, Security measures,
                                              fields, and governmental jurisdictions                  because it does not have a substantial
                                                                                                                                                            Waterways.
                                              with populations of less than 50,000.                   direct effect on one or more Indian
                                              The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the                 For the reasons discussed in the
                                              605(b) that this rule will not have a                   Federal Government and Indian tribes,                 preamble, the Coast Guard amends 33
                                              significant economic impact on a                        or on the distribution of power and                   CFR part 165 as follows:
                                              substantial number of small entities.                   responsibilities between the Federal
                                                 While some owners or operators of                                                                          PART 165—REGULATED NAVIGATION
                                                                                                      Government and Indian tribes. If you
                                              vessels intending to transit the                                                                              AREAS AND LIMITED ACCESS AREAS
                                                                                                      believe this rule has implications for
                                              temporary safety zone may be small                      federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                              entities, for the reasons stated in section             contact the person listed in the FOR                  continues to read as follows:
sradovich on DSK3GMQ082PROD with RULES




                                              V.A above, this rule will not have a                    FURTHER INFORMATION CONTACT section
                                              significant economic impact on any                      above.                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              vessel owner or operator.                                                                                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                 Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       Department of Homeland Security Delegation
                                                                                                                                                            No. 0170.1.
                                              Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                              Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 ■ 2. Add § 165.T08–0744 to read as
                                              we want to assist small entities in                     Federal agencies to assess the effects of             follows:


                                         VerDate Sep<11>2014   00:53 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\24AUR1.SGM   24AUR1


                                              42778              Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations

                                              § 165.T08–0744 Safety Zone; Lower                       DEPARTMENT OF HOMELAND                                without prior notice and opportunity to
                                              Mississippi River, Mile Markers 230.4 to 215,           SECURITY                                              comment when the agency for good
                                              Baton Rouge, LA.                                                                                              cause finds that those procedures are
                                                (a) Location. The following area is a                 Coast Guard                                           ‘‘impracticable, unnecessary, or contrary
                                              safety zone: All navigable waters of the                                                                      to the public interest.’’ Under 5 U.S.C.
                                                                                                      33 CFR Part 165                                       553(b)(3)(B), the Coast Guard finds that
                                              Lower Mississippi River from mile
                                                                                                                                                            good cause exists for not publishing a
                                              markers (MM) 230.4 to MM 215 above                      [Docket Number USCG–2018–0700]
                                                                                                                                                            notice of proposed rulemaking (NPRM)
                                              Head of Passes, Baton Rouge, LA.
                                                                                                      RIN 1625–AA87                                         with respect to this rule because it is
                                                 (b) Effective period. This section is                                                                      impracticable and contrary to the public
                                              effective from 07:30 a.m. through noon                  Security Zone; Ohio River, Olmsted, IL                interest. It is impracticable because we
                                              on September 1, 2018.                                                                                         must establish this security zone by
                                                                                                      AGENCY:    Coast Guard, DHS.
                                                 (c) Regulations. (1) Under the general                                                                     August 30, 2018 and lack sufficient time
                                                                                                      ACTION:   Temporary final rule.                       to provide a reasonable comment period
                                              safety zone regulations in § 165.23,
                                              entry into this zone is prohibited unless               SUMMARY:    The Coast Guard is                        and then consider those comments
                                              authorized by the Captain of the Port                                                                         before issuing the rule. The Coast Guard
                                                                                                      establishing a temporary security zone
                                                                                                                                                            received minimal notice regarding the
                                              Sector New Orleans (COTP) or a                          for the navigable waters within a half
                                                                                                                                                            dignitary visit, which is customary for
                                              designated representative. A designated                 mile radius of Olmsted Lock and Dam
                                                                                                                                                            security purposes. The Coast Guard has
                                              representative is a commissioned,                       located at mile marker 964.5 on the
                                                                                                                                                            determined that the security zone is
                                              warrant, or petty officer of the U.S.                   Ohio River. The security zone is needed
                                                                                                                                                            needed to protect the visiting
                                              Coast Guard assigned to units under the                 to protect dignitaries, vessels, and
                                                                                                                                                            dignitaries, persons, and property.
                                              operational control of USCG Sector New                  waterfront facilities from destruction,
                                                                                                                                                            Providing notice would be contrary to
                                              Orleans. A designated representative                    loss, or injury from sabotage or other
                                                                                                                                                            the public interest as it would delay
                                              may be a Patrol Commander (PATCOM).                     subversive acts, accidents, or other
                                                                                                                                                            establishment of the security zone until
                                              The PATCOM may be aboard either a                       causes of a similar nature during a
                                                                                                                                                            after the dignitary visit and jeopardize
                                              Coast Guard or Coast Guard Auxiliary                    dignitary visit. Entry of vessels or                  the safety of the dignitaries, vessels, and
                                              vessel. The PATCOM may be contacted                     persons into this zone is prohibited                  waterfront facilities.
                                                                                                      unless specifically authorized by the                    Under 5 U.S.C. 553(d)(3), the Coast
                                              on Channel 16 VHF–FM (156.8 MHz) by
                                                                                                      Captain of the Port Ohio Valley or a                  Guard finds that good cause exists for
                                              the call sign ‘‘PATCOM’’.
                                                                                                      designated representative.                            making this rule effective less than 30
                                                 (2) Vessels requiring entry into this                DATES: This rule is effective from 6 a.m.             days after publication in the Federal
                                              safety zone must request permission                     through 5 p.m. on August 30, 2018.                    Register because it is contrary to the
                                              from the COTP or a designated                                                                                 public interest. Immediate action is
                                                                                                      ADDRESSES: To view documents
                                              representative. They may be contacted                   mentioned in this preamble as being                   needed to provide waterside security
                                              on VHF–FM Channel 16 or 67, or                          available in the docket, go to http://                and protection for the dignitary visit.
                                              through the Marine Safety Unit Baton                    www.regulations.gov, type USCG–2018–
                                              Rouge Officer of the Day at 225–281–                                                                          III. Legal Authority and Need for Rule
                                                                                                      0700 in the ‘‘SEARCH’’ box and click
                                              4789.                                                   ‘‘SEARCH.’’ Click on Open Docket                         The Coast Guard is issuing this rule
                                                 (3) All persons and vessels permitted                Folder on the line associated with this               under authority in 33 U.S.C. 1231. The
                                              to enter this safety zone must transit at               rule.                                                 Captain of the Port Sector Ohio Valley
                                              the slowest safe speed and comply with                                                                        (COTP) has determined that potential
                                                                                                      FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                            hazards associated with a dignitary visit
                                              all lawful directions issued by the COTP                you have questions on this rule, call or
                                                                                                                                                            on August 30, 2018, will be a security
                                              or the designated representative.                       email Chief Petty Officer, Gary Heflin,
                                                                                                                                                            concern for the dignitaries, vessels, and
                                                 (d) Informational broadcasts. The                    Marine Safety Unit Paducah Waterways
                                                                                                                                                            waterfront facilities on the Ohio River
                                              COTP or a designated representative                     Management, U.S. Coast Guard;
                                                                                                                                                            near the Olmsted Lock and Dam. This
                                              will inform the public of the                           telephone 270–442–1621, email
                                                                                                                                                            rule is needed to protect the dignitaries,
                                              enforcement times and date for this                     MSUPaducah-WWM@uscg.mil.
                                                                                                                                                            vessels, and waterfront facilities from
                                              safety zone through Broadcast Notices to                SUPPLEMENTARY INFORMATION:                            destruction, loss, or injury from
                                              Mariners (BNMs), Local Notices to                       I. Table of Abbreviations                             sabotage or other subversive acts,
                                              Mariners (LNMs), and/or Marine Safety                                                                         accidents, or other causes of a similar
                                                                                                      CFR Code of Federal Regulations                       nature during the dignitary visit.
                                              Information Bulletins (MSIBs), as                       COTP Captain of the Port Sector Ohio
                                              appropriate.                                                Valley                                            IV. Discussion of the Rule
                                                Dated: August 17, 2018.                               DHS Department of Homeland Security
                                                                                                      FR Federal Register
                                                                                                                                                              This rule establishes a temporary
                                              Kristi M. Luttrell,                                                                                           security zone from 6 a.m. through 5 p.m.
                                                                                                      NPRM Notice of proposed rulemaking
                                              Captain, U.S. Coast Guard, Captain of the               § Section                                             on August 30, 2018. The security zone
                                              Port Sector New Orleans.                                U.S.C. United States Code                             will cover all navigable waters within a
                                              [FR Doc. 2018–18390 Filed 8–23–18; 8:45 am]                                                                   half mile of Olmsted Lock and Dam,
                                                                                                      II. Background Information and                        located at mile marker 964.5 on the
                                              BILLING CODE 9110–04–P                                  Regulatory History                                    Ohio River in Olmsted, IL. The duration
sradovich on DSK3GMQ082PROD with RULES




                                                                                                        The Coast Guard is issuing this                     of the security zone is intended to cover
                                                                                                      temporary rule without prior notice and               the period of the dignitary visit. Entry
                                                                                                      opportunity to comment pursuant to                    of vessels or persons into this zone is
                                                                                                      authority under section 4(a) of the                   prohibited unless granted permission by
                                                                                                      Administrative Procedure Act (APA) (5                 the COTP or a designated
                                                                                                      U.S.C. 553(b)). This provision                        representative. A designated
                                                                                                      authorizes an agency to issue a rule                  representative is a commissioned,


                                         VerDate Sep<11>2014   00:53 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\24AUR1.SGM   24AUR1



Document Created: 2018-08-24 04:13:21
Document Modified: 2018-08-24 04:13:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7:30 a.m. through noon on September 1, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Justin Maio, Marine Safety Unit Baton Rouge, U.S. Coast Guard; telephone 225-298-5400, ext. 230, email [email protected]
FR Citation83 FR 42776 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR