83 FR 42778 - Security Zone; Ohio River, Olmsted, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range		42778-42780
FR Document		2018-18389

The Coast Guard is establishing a temporary security zone for the navigable waters within a half mile radius of Olmsted Lock and Dam located at mile marker 964.5 on the Ohio River. The security zone is needed to protect dignitaries, vessels, and waterfront facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature during a dignitary visit. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Ohio Valley 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 42778-42780]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18389]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0700]
RIN 1625-AA87


Security Zone; Ohio River, Olmsted, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
the navigable waters within a half mile radius of Olmsted Lock and Dam 
located at mile marker 964.5 on the Ohio River. The security zone is 
needed to protect dignitaries, vessels, and waterfront facilities from 
destruction, loss, or injury from sabotage or other subversive acts, 
accidents, or other causes of a similar nature during a dignitary 
visit. Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Ohio Valley or a 
designated representative.

DATES: This rule is effective from 6 a.m. through 5 p.m. on August 30, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0700 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 Chief Petty Officer, Gary Heflin, Marine Safety Unit 
Paducah Waterways Management, U.S. Coast Guard; telephone 270-442-1621, 
email [email protected].

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
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 and 
contrary to the public interest. It is impracticable because we must 
establish this security zone by August 30, 2018 and lack sufficient 
time to provide a reasonable comment period and then consider those 
comments before issuing the rule. The Coast Guard received minimal 
notice regarding the dignitary visit, which is customary for security 
purposes. The Coast Guard has determined that the security zone is 
needed to protect the visiting dignitaries, persons, and property. 
Providing notice would be contrary to the public interest as it would 
delay establishment of the security zone until after the dignitary 
visit and jeopardize the safety of the dignitaries, vessels, and 
waterfront facilities.
    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 because it is contrary to the 
public interest. Immediate action is needed to provide waterside 
security and protection for the dignitary visit.

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 Ohio Valley (COTP) has determined 
that potential hazards associated with a dignitary visit on August 30, 
2018, will be a security concern for the dignitaries, vessels, and 
waterfront facilities on the Ohio River near the Olmsted Lock and Dam. 
This rule is needed to protect the dignitaries, vessels, and waterfront 
facilities from destruction, loss, or injury from sabotage or other 
subversive acts, accidents, or other causes of a similar nature during 
the dignitary visit.

IV. Discussion of the Rule

    This rule establishes a temporary security zone from 6 a.m. through 
5 p.m. on August 30, 2018. The security zone will cover all navigable 
waters within a half mile of Olmsted Lock and Dam, located at mile 
marker 964.5 on the Ohio River in Olmsted, IL. The duration of the 
security zone is intended to cover the period of the dignitary visit. 
Entry of vessels or persons into this zone is prohibited unless granted 
permission by the COTP or a designated representative. A designated 
representative is a commissioned,

[[Page 42779]]

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 13 or 16, or through Coast Guard Sector 
Ohio Valley at 1-800-253-7465. A designated representative may be a 
Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be 
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''. 
All persons and vessels shall comply with the instructions of the COTP 
and a designated on-scene U.S. Coast Guard representative. The COTP or 
a designated representative will inform the public through Broadcast 
Notices to Mariners (BNMs) of the enforcement period for the temporary 
security zone as well as any changes in the dates and times of 
enforcement.

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 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, and duration of the security zone. The security zone impacts 
a half mile radius around the Olmsted Lock and Dam for eleven hours on 
one afternoon. The Coast Guard will also issue Broadcast Notices 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 security 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 (Public Law 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

[[Page 42780]]

security zone lasting eleven hours that will prohibit entry within a 
half mile radius of the Olmsted Lock and Dam, located at mile marker 
964.5 on the Ohio River. 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.T08-0700 to read as follows:


Sec.  165.T08-0700  Security Zone; Ohio River, Olmsted, IL.

    (a) Location. The following area is a security zone: all navigable 
waters within a half mile of Olmsted Lock and Dam, located at MM 964.5 
on the Ohio River, Olmstead, IL.
    (b) Effective period. This section is effective from 6 a.m. through 
5 p.m. on August 30, 2018.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section 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. A designated representative may be a Patrol 
Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or 
Coast Guard Auxiliary vessel. The Patrol Commander may be contacted on 
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) To seek permission to enter, contact the COTP or the COTP's 
designated representative via VHF-FM Channel 16 or 502-779-5422.
    (3) Those in the security zone must comply with all lawful orders 
or directions given to them by the COTP or the COTP's designated 
representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notices to 
Mariners (BNMs) of the enforcement period for the temporary security 
zone as well as any changes in the dates and times of enforcement.

    Dated: August 17, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-18389 Filed 8-23-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 42779

warrant, or petty officer of the U.S. Order 13771. See OMB’s Memorandum about this rule or any policy or action
Coast Guard assigned to units under the ‘‘Guidance Implementing Executive of the Coast Guard.
operational control of USCG Sector Order 13771, Titled ‘Reducing
C. Collection of Information
Ohio Valley. They may be contacted on Regulation and Controlling Regulatory
VHF–FM Channel 13 or 16, or through Costs’ ’’ (April 5, 2017). This rule will not call for a new
Coast Guard Sector Ohio Valley at 1– This regulatory action determination collection of information under the
800–253–7465. A designated is based on the size, location, and Paperwork Reduction Act of 1995 (44
representative may be a Patrol duration of the security zone. The U.S.C. 3501–3520).
Commander (PATCOM). The PATCOM security zone impacts a half mile radius D. Federalism and Indian Tribal
may be aboard either a Coast Guard or around the Olmsted Lock and Dam for Governments
Coast Guard Auxiliary vessel. The Patrol eleven hours on one afternoon. The
Commander may be contacted on Coast Guard will also issue Broadcast A rule has implications for federalism
Channel 16 VHF–FM (156.8 MHz) by Notices to Mariners via VHF–FM marine under Executive Order 13132,
the call sign ‘‘PATCOM’’. All persons channel 16 about the zone and the rule Federalism, if it has a substantial direct
and vessels shall comply with the allows vessels to seek permission to effect on the States, on the relationship
instructions of the COTP and a enter the zone. between the national government and
designated on-scene U.S. Coast Guard the States, or on the distribution of
representative. The COTP or a B. Impact on Small Entities power and responsibilities among the
designated representative will inform The Regulatory Flexibility Act of various levels of government. We have
the public through Broadcast Notices to 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and
Mariners (BNMs) of the enforcement requires Federal agencies to consider have determined that it is consistent
period for the temporary security zone the potential impact of regulations on with the fundamental federalism
as well as any changes in the dates and small entities during rulemaking. The principles and preemption requirements
times of enforcement. term ‘‘small entities’’ comprises small described in Executive Order 13132.
Also, this rule does not have tribal
V. Regulatory Analyses businesses, not-for-profit organizations
implications under Executive Order
that are independently owned and
We developed this rule after 13175, Consultation and Coordination
operated and are not dominant in their
considering numerous statutes and with Indian Tribal Governments,
fields, and governmental jurisdictions
Executive orders related to rulemaking. because it does not have a substantial
with populations of less than 50,000.
Below we summarize our analyses direct effect on one or more Indian
The Coast Guard certifies under 5 U.S.C.
based on a number of these statutes and tribes, on the relationship between the
605(b) that this rule will not have a
Executive orders, and we discuss First Federal Government and Indian tribes,
significant economic impact on a
Amendment rights of protestors. or on the distribution of power and
substantial number of small entities.
A. Regulatory Planning and Review responsibilities between the Federal
While some owners or operators of
Government and Indian tribes. If you
Executive Orders 13563 (‘‘Improving vessels intending to transit the
believe this rule has implications for
Regulation and Regulatory Review’’) temporary security zone may be small
federalism or Indian tribes, please
and 12866 (‘‘Regulatory Planning and entities, for the reasons stated in section
contact the person listed in the FOR
Review’’) direct agencies to assess the V.A above, this rule will not have a
FURTHER INFORMATION CONTACT section
costs and benefits of available regulatory significant economic impact on any
above.
alternatives and, if regulation is vessel owner or operator.
necessary, to select regulatory Under section 213(a) of the Small E. Unfunded Mandates Reform Act
approaches that maximize net benefits Business Regulatory Enforcement The Unfunded Mandates Reform Act
(including potential economic, Fairness Act of 1996 (Public Law 104– of 1995 (2 U.S.C. 1531–1538) requires
environmental, public health and safety 121), we want to assist small entities in Federal agencies to assess the effects of
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
sradovich on DSK3GMQ082PROD with RULES

(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

VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\24AUR1.SGM 24AUR1

Document Created: 2018-08-24 04:15:07
Document Modified: 2018-08-24 04:15:07

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. through 5 p.m. on August 30, 2018.
Contact		If you have questions on this rule, call or email Chief Petty Officer, Gary Heflin, Marine Safety Unit Paducah Waterways Management, U.S. Coast Guard; telephone 270-442-1621, email [email protected]
FR Citation		83 FR 42778
RIN Number		1625-AA87
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 42778 - Security Zone; Ohio River, Olmsted, IL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

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

DEPARTMENT OF HOMELAND SECURITY
Coast Guard