83_FR_45742 83 FR 45567 - Safety Zone; Upper Mississippi River Mile Markers 824 to 832, St. Paul, MN

83 FR 45567 - Safety Zone; Upper Mississippi River Mile Markers 824 to 832, St. Paul, MN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range45567-45569
FR Document2018-19511

The Coast Guard is establishing a temporary safety zone for the navigable waters of the Upper Mississippi River from mile marker (MM) 824 to MM 832. The safety zone is needed to protect persons, vessels, and the marine environment from potential hazards created by an oil spill response exercise. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.

Federal Register, Volume 83 Issue 175 (Monday, September 10, 2018)
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Rules and Regulations]
[Pages 45567-45569]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19511]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0813]
RIN 1625-AA00


Safety Zone; Upper Mississippi River Mile Markers 824 to 832, St. 
Paul, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters of the Upper Mississippi River from mile marker 
(MM) 824 to MM 832. The safety zone is needed to protect persons, 
vessels, and the marine environment from potential hazards created by 
an oil spill response exercise. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Sector Upper Mississippi River or a designated representative.

DATES: This rule is effective from 8 a.m. through 5 p.m. on September 
12, 2018, or until the exercise concludes, whichever occurs first.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0813 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 Commander Christian Barger, Sector Upper 
Mississippi River Waterways Management Division, U.S. Coast Guard; 
telephone 314-269-2560, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
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. This 
safety zone must be established by September 12, 2018, and we 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 oil spill response exercise 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 the effective date of 
this rule would be contrary to the public interest because immediate 
action is necessary to respond to the potential hazards associated with 
the oil spill response exercise.

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 Upper Mississippi River (COTP) has 
determined that potential hazards associated with oil spill response 
exercise activities and equipment deployment will be a safety concern 
for anyone on the navigable waters of the Upper Mississippi River from 
mile marker (MM) 824 to MM 832. This rule is needed to protect persons, 
vessels, and the marine environment on the navigable waters within the 
safety zone while the oil spill response crews are operating in the 
area and while the oil spill removal equipment is deployed in the 
river.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. through 5 
p.m. on September 12, 2018. The safety zone will cover all navigable 
waters of the Upper Mississippi River from MM 824 to MM 832. The 
duration of the zone is intended to protect persons, vessels, and the 
marine environment in these navigable waters while the oil spill 
response crews are operating in the area and while the oil spill 
removal equipment is deployed in the river. 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 Upper 
Mississippi River.
    Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted by telephone at 314-269-2332 or on VHF-FM channel 16. Persons 
and vessels permitted to enter this safety zone must transit at their 
slowest safe speed and comply with all lawful directions issued by the 
COTP or the designated representative. 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 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

[[Page 45568]]

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 safety zone. This safety zone impacts an 
eight mile stretch of the Upper Mississippi River for eight hours on 
one day. 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 lasting approximately eight hours on one day that will 
prohibit entry on the navigable waters of the Upper Mississippi River 
from MM 824 to MM 832. 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 (REC) 
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.T08-0813 to read as follows:


Sec.  165.T08-0813   Safety zone; Upper Mississippi River mile markers 
824 to 832, St. Paul, MN.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River from mile marker (MM) 824 to MM 
832, extending the entire width of the river.
    (b) Effective period. This section will be enforced from 8 a.m. 
through 5 p.m. on September 12, 2018, or until the exercise concludes, 
whichever occurs first.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
Sector Upper Mississippi River (COTP) or designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to

[[Page 45569]]

units under the operational control of USCG Sector Upper Mississippi 
River.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. To seek entry 
into the safety zone, contact the COTP or the COTP's designated 
representative by telephone at 314-269-2332 or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement 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 27, 2018.
Scott A. Stoermer,
CAPT, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2018-19511 Filed 9-7-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations                                       45567

                                             *      *     *       *      *                           opportunity to comment pursuant to                    enter the safety zone without obtaining
                                             [FR Doc. C2–2018–14378 Filed 9–7–18; 8:45 am]           authority under section 4(a) of the                   permission from the COTP or a
                                             BILLING CODE 1301–00–C                                  Administrative Procedure Act (APA) (5                 designated representative. A designated
                                                                                                     U.S.C. 553(b)). This provision                        representative is a commissioned,
                                                                                                     authorizes an agency to issue a rule                  warrant, or petty officer of the U.S.
                                             DEPARTMENT OF HOMELAND                                  without prior notice and opportunity to               Coast Guard assigned to units under the
                                             SECURITY                                                comment when the agency for good                      operational control of USCG Sector
                                                                                                     cause finds that those procedures are                 Upper Mississippi River.
                                             Coast Guard                                             ‘‘impracticable, unnecessary, or contrary               Vessels requiring entry into this safety
                                                                                                     to the public interest.’’ Under 5 U.S.C.              zone must request permission from the
                                             33 CFR Part 165                                         553(b)(3)(B), the Coast Guard finds that              COTP or a designated representative.
                                             [Docket Number USCG–2018–0813]                          good cause exists for not publishing a                They may be contacted by telephone at
                                                                                                     notice of proposed rulemaking (NPRM)                  314–269–2332 or on VHF–FM channel
                                             RIN 1625–AA00                                           with respect to this rule because it is               16. Persons and vessels permitted to
                                                                                                     impracticable. This safety zone must be               enter this safety zone must transit at
                                             Safety Zone; Upper Mississippi River                    established by September 12, 2018, and                their slowest safe speed and comply
                                             Mile Markers 824 to 832, St. Paul, MN                   we lack sufficient time to provide a                  with all lawful directions issued by the
                                             AGENCY:     Coast Guard, DHS.                           reasonable comment period and then                    COTP or the designated representative.
                                             ACTION:    Temporary final rule.                        consider those comments before issuing                The COTP or a designated
                                                                                                     this rule. The NPRM process would                     representative will inform the public of
                                             SUMMARY:   The Coast Guard is                           delay the establishment of the safety                 the enforcement times and date for this
                                             establishing a temporary safety zone for                zone until after the date of the oil spill            safety zone through Broadcast Notices to
                                             the navigable waters of the Upper                       response exercise and compromise                      Mariners (BNMs), Local Notices to
                                             Mississippi River from mile marker                      public safety.                                        Mariners (LNMs), and/or Marine Safety
                                             (MM) 824 to MM 832. The safety zone                        Under 5 U.S.C. 553(d)(3), the Coast                Information Bulletins (MSIBs) as
                                             is needed to protect persons, vessels,                  Guard finds that good cause exists for                appropriate.
                                             and the marine environment from                         making this rule effective less than 30
                                                                                                                                                           V. Regulatory Analyses
                                             potential hazards created by an oil spill               days after publication in the Federal
                                             response exercise. Entry of vessels or                  Register. Delaying the effective date of                We developed this rule after
                                             persons into this zone is prohibited                    this rule would be contrary to the public             considering numerous statutes and
                                             unless specifically authorized by the                   interest because immediate action is                  Executive orders related to rulemaking.
                                             Captain of the Port Sector Upper                        necessary to respond to the potential                 Below we summarize our analyses
                                             Mississippi River or a designated                       hazards associated with the oil spill                 based on a number of these statutes and
                                             representative.                                         response exercise.                                    Executive orders, and we discuss First
                                                                                                                                                           Amendment rights of protestors.
                                             DATES: This rule is effective from 8 a.m.               III. Legal Authority and Need for Rule
                                             through 5 p.m. on September 12, 2018,                      The Coast Guard is issuing this rule               A. Regulatory Planning and Review
                                             or until the exercise concludes,                        under authority in 33 U.S.C. 1231. The                   Executive Orders 13563 (‘‘Improving
                                             whichever occurs first.                                 Captain of the Port Sector Upper                      Regulation and Regulatory Review’’)
                                             ADDRESSES: To view documents                            Mississippi River (COTP) has                          and 12866 (‘‘Regulatory Planning and
                                             mentioned in this preamble as being                     determined that potential hazards                     Review’’) direct agencies to assess the
                                             available in the docket, go to http://                  associated with oil spill response                    costs and benefits of available regulatory
                                             www.regulations.gov, type USCG–2018–                    exercise activities and equipment                     alternatives and, if regulation is
                                             0813 in the ‘‘SEARCH’’ box and click                    deployment will be a safety concern for               necessary, to select regulatory
                                             ‘‘SEARCH.’’ Click on Open Docket                        anyone on the navigable waters of the                 approaches that maximize net benefits
                                             Folder on the line associated with this                 Upper Mississippi River from mile                     (including potential economic,
                                             rule.                                                   marker (MM) 824 to MM 832. This rule                  environmental, public health and safety
                                             FOR FURTHER INFORMATION CONTACT: If                     is needed to protect persons, vessels,                effects, distributive impacts, and
                                             you have questions on this rule, call or                and the marine environment on the                     equity). Executive Order 13563
                                             email Lieutenant Commander Christian                    navigable waters within the safety zone               emphasizes the importance of
                                             Barger, Sector Upper Mississippi River                  while the oil spill response crews are                quantifying both costs and benefits, of
                                             Waterways Management Division, U.S.                     operating in the area and while the oil               reducing costs, of harmonizing rules,
                                             Coast Guard; telephone 314–269–2560,                    spill removal equipment is deployed in                and of promoting flexibility. Executive
                                             email Christian.J.Barger@uscg.mil.                      the river.                                            Order 13771 (‘‘Reducing Regulation and
                                             SUPPLEMENTARY INFORMATION:                                                                                    Controlling Regulatory Costs’’) directs
                                                                                                     IV. Discussion of the Rule                            agencies to reduce regulation and
                                             I. Table of Abbreviations                                 This rule establishes a temporary                   control regulatory costs and provides
                                             CFR Code of Federal Regulations                         safety zone from 8 a.m. through 5 p.m.                that ‘‘for every one new regulation
                                             COTP Captain of the Port Sector Upper                   on September 12, 2018. The safety zone                issued, at least two prior regulations be
                                               Mississippi River                                     will cover all navigable waters of the                identified for elimination, and that the
                                             DHS Department of Homeland Security                     Upper Mississippi River from MM 824                   cost of planned regulations be prudently
                                             FR Federal Register
                                             NPRM Notice of proposed rulemaking
                                                                                                     to MM 832. The duration of the zone is                managed and controlled through a
                                                                                                     intended to protect persons, vessels, and
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                                             § Section                                                                                                     budgeting process.’’
                                             U.S.C. United States Code                               the marine environment in these                          The Office of Management and Budget
                                                                                                     navigable waters while the oil spill                  (OMB) has not designated this rule a
                                             II. Background Information and                          response crews are operating in the area              ‘‘significant regulatory action,’’ under
                                             Regulatory History                                      and while the oil spill removal                       section 3(f) of Executive Order 12866.
                                                The Coast Guard is issuing this                      equipment is deployed in the river. No                Accordingly, OMB has not reviewed it.
                                             temporary rule without prior notice and                 vessel or person will be permitted to                 As this rule is not a significant


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                                             45568            Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations

                                             regulatory action, this rule is exempt                  about this rule or any policy or action               zone lasting approximately eight hours
                                             from the requirements of Executive                      of the Coast Guard.                                   on one day that will prohibit entry on
                                             Order 13771. See OMB’s Memorandum                                                                             the navigable waters of the Upper
                                                                                                     C. Collection of Information
                                             ‘‘Guidance Implementing Executive                                                                             Mississippi River from MM 824 to MM
                                             Order 13771, Titled ‘Reducing                             This rule will not call for a new                   832. It is categorically excluded from
                                             Regulation and Controlling Regulatory                   collection of information under the                   further review under paragraph L60(a)
                                             Costs’ ’’ (April 5, 2017).                              Paperwork Reduction Act of 1995 (44                   of Appendix A, Table 1 of DHS
                                                This regulatory action determination                 U.S.C. 3501–3520).                                    Instruction Manual 023–01–001–01,
                                             is based on the size, location, and                                                                           Rev. 01. A Record of Environmental
                                                                                                     D. Federalism and Indian Tribal
                                             duration of the safety zone. This safety                                                                      Consideration (REC) supporting this
                                                                                                     Governments
                                             zone impacts an eight mile stretch of the                                                                     determination is available in the docket
                                             Upper Mississippi River for eight hours                    A rule has implications for federalism             where indicated under ADDRESSES.
                                             on one day. Moreover, the Coast Guard                   under Executive Order 13132,
                                             will issue Broadcast Notice to Mariners                 Federalism, if it has a substantial direct            G. Protest Activities
                                             via VHF–FM marine channel 16 about                      effect on the States, on the relationship               The Coast Guard respects the First
                                             the zone, and the rule allows vessels to                between the national government and                   Amendment rights of protesters.
                                             seek permission to 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
                                             entities, for the reasons stated in section                                                                   ■ 1. The authority citation for part 165
                                                                                                     contact the person listed in the FOR                  continues to read as follows:
                                             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
                                             Business Regulatory Enforcement                                                                               No. 0170.1.
                                                                                                       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.T08–0813 to read as
                                             we want to assist small entities in                     Federal agencies to assess the effects of             follows:
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In
                                             would affect your small business,                       particular, the Act addresses actions                 § 165.T08–0813 Safety zone; Upper
                                             organization, or governmental                                                                                 Mississippi River mile markers 824 to 832,
                                                                                                     that may result in the expenditure by a               St. Paul, MN.
                                             jurisdiction and you have questions                     State, local, or tribal government, in the
                                             concerning its provisions or options for                aggregate, or by the private sector of                   (a) Location. The following area is a
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              safety zone: All navigable waters of the
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                Upper Mississippi River from mile
                                             CONTACT section.                                        will not result in such an expenditure,               marker (MM) 824 to MM 832, extending
                                                Small businesses may send comments                   we do discuss the effects of this rule                the entire width of the river.
                                             on the actions of Federal employees                     elsewhere in this preamble.                              (b) Effective period. This section will
                                             who enforce, or otherwise determine                                                                           be enforced from 8 a.m. through 5 p.m.
                                             compliance with, Federal regulations to                 F. Environment                                        on September 12, 2018, or until the
                                             the Small Business and Agriculture                        We have analyzed this rule under                    exercise concludes, whichever occurs
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                       first.
                                             and the Regional Small Business                         Directive 023–01 and Commandant                          (c) Regulations. (1) In accordance with
                                             Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                the general regulations in § 165.23 of
                                             Ombudsman evaluates these actions                       Coast Guard in complying with the                     this part, entry of vessels or persons into
                                             annually and rates each agency’s                        National Environmental Policy Act of                  this zone is prohibited unless
daltland on DSKBBV9HB2PROD with RULES




                                             responsiveness to small business. If you                1969 (42 U.S.C. 4321–4370f), and have                 specifically authorized by the Captain of
                                             wish to comment on actions by                           determined that this action is one of a               the Port Sector Upper Mississippi River
                                             employees of the Coast Guard, call 1–                   category of actions that do not                       (COTP) or designated representative. A
                                             888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                   designated representative is a
                                             Coast Guard will not retaliate against                  significant effect on the human                       commissioned, warrant, or petty officer
                                             small entities that question or complain                environment. This rule involves a safety              of the U.S. Coast Guard assigned to


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                                                              Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations                                       45569

                                             units under the operational control of                  ADDRESSES:   To view documents                        swimmers jumping to the water presents
                                             USCG Sector Upper Mississippi River.                    mentioned in this preamble as being                   significant risks to the public safety and
                                                (2) Vessels requiring entry into this                available in the docket, go to http://                property. Such hazards include
                                             safety zone must request permission                     www.regulations.gov, type USCG–2018–                  excessive winds from helicopter,
                                             from the COTP or a designated                           0763 in the ‘‘SEARCH’’ box and click                  rougher than normal waters, dangerous
                                             representative. To seek entry into the                  ‘‘SEARCH.’’ Click on Open Docket                      projectiles, and falling debris. This rule
                                             safety zone, contact the COTP or the                    Folder on the line associated with this               is needed to protect personnel, vessels,
                                             COTP’s designated representative by                     rule.                                                 and the marine environment in the
                                             telephone at 314–269–2332 or on VHF–                    FOR FURTHER INFORMATION CONTACT: If                   navigable waters within the safety zone
                                             FM channel 16.                                          you have questions on this rule, call or              while the Helocast Water Insertion
                                                (3) Persons and vessels permitted to                 email LTJG Sean Dolan, Chief                          Training takes place.
                                             enter this safety zone must transit at                  Waterways Management Division, U.S.
                                             their slowest safe speed and comply                                                                           IV. Discussion of the Rule
                                                                                                     Coast Guard; telephone 716–843–9322,
                                             with all lawful directions issued by the                email D09-SMB-SECBuffalo-WWM@                           This rule establishes a safety zone on
                                             COTP or the designated representative.                  uscg.mil.                                             September 14, 2018, from 6:00 a.m.
                                                (d) Information broadcasts. The COTP                                                                       until 2:00 p.m. The safety zone will
                                                                                                     SUPPLEMENTARY INFORMATION:                            encompass all waters of the Black River
                                             or a designated representative will
                                             inform the public of the enforcement                    I. Table of Abbreviations                             Bay, Sackets Harbor, NY contained
                                             times and date for this safety zone                                                                           within a 1,000-foot radius of:
                                                                                                     CFR Code of Federal Regulations
                                             through Broadcast Notices to Mariners                   DHS Department of Homeland Security
                                                                                                                                                           43°57′11.1″ N, 76°07′26.3″ W.
                                             (BNMs), Local Notices to Mariners                       FR Federal Register                                     Entry into, transiting, or anchoring
                                             (LNMs), and/or Marine Safety                            NPRM Notice of proposed rulemaking                    within the safety zone is prohibited
                                             Information Bulletins (MSIBs) as                        § Section                                             unless authorized by the Captain of the
                                             appropriate.                                            U.S.C. United States Code                             Port Buffalo or his designated on-scene
                                                                                                                                                           representative. The Captain of the Port
                                               Dated: August 27, 2018.                               II. Background Information and
                                                                                                                                                           or his designated on-scene
                                             Scott A. Stoermer,                                      Regulatory History
                                                                                                                                                           representative may be contacted via
                                             CAPT, U.S. Coast Guard, Captain of the Port                The Coast Guard is issuing this                    VHF Channel 16.
                                             Sector Upper Mississippi River.                         temporary rule without prior notice and
                                             [FR Doc. 2018–19511 Filed 9–7–18; 8:45 am]              opportunity to comment pursuant to                    V. Regulatory Analyses
                                             BILLING CODE 9110–04–P                                  authority under section 4(a) of the                     We developed this rule after
                                                                                                     Administrative Procedure Act (APA) (5                 considering numerous statutes and
                                                                                                     U.S.C. 553(b)). This provision                        Executive orders related to rulemaking.
                                             DEPARTMENT OF HOMELAND                                  authorizes an agency to issue a rule                  Below we summarize our analyses
                                             SECURITY                                                without prior notice and opportunity to               based on a number of these statutes and
                                                                                                     comment when the agency for good                      Executive orders, and we discuss First
                                             Coast Guard                                             cause finds that those procedures are                 Amendment rights of protestors.
                                                                                                     ‘‘impracticable, unnecessary, or contrary
                                             33 CFR Part 165                                                                                               A. Regulatory Planning and Review
                                                                                                     to the public interest.’’ Under 5 U.S.C.
                                             [Docket Number USCG–2018–0763]                          553(b)(B), the Coast Guard finds that                    Executive Orders 12866 and 13563
                                                                                                     good cause exists for not publishing a                direct agencies to assess the costs and
                                             RIN 1625–AA00                                                                                                 benefits of available regulatory
                                                                                                     notice of proposed rulemaking (NPRM)
                                             Safety Zone; Helocast Water Insertion                   with respect to this rule because the                 alternatives and, if regulation is
                                             Operation; Black River Bay, Sackets                     event sponsor did not submit notice to                necessary, to select regulatory
                                             Harbor, NY                                              the Coast Guard with sufficient time                  approaches that maximize net benefits.
                                                                                                     remaining before the event to publish an              Executive Order 13771 directs agencies
                                             AGENCY:    Coast Guard, DHS.                            NPRM. Delaying the effective date                     to control regulatory costs through a
                                             ACTION:   Temporary final rule.                         would be contrary to the rule’s                       budgeting process. This rule has not
                                                                                                     objectives of ensuring safety of life on              been designated a ‘‘significant
                                             SUMMARY:    The Coast Guard is                          the navigable waters and protection of                regulatory action,’’ under Executive
                                             establishing a temporary safety zone for                persons and vessels in vicinity of the                Order 12866. Accordingly, this rule has
                                             navigable waters within a 1,000-foot                    fireworks display.                                    not been reviewed by the Office of
                                             radius of the water insertion site located                 Under 5 U.S.C. 553(d)(3), the Coast                Management and Budget (OMB), and
                                             600 feet offshore of Sackets Harbor                     Guard finds that good cause exists for                pursuant to OMB guidance it is exempt
                                             Battlefield, Black River Bay, Sackets                   making this rule effective less than 30               from the requirements of Executive
                                             Harbor, NY. This safety zone is intended                days after publication in the Federal                 Order 13771.
                                             to restrict vessels from portions of the                Register. Delaying the effective date                    This regulatory action determination
                                             Black River Bay during the Helocast                     would be contrary to the rule’s                       is based on the conclusion that this rule
                                             Water Insertion Training Event. This                    objectives of enhancing safety of life on             is not a significant regulatory action. We
                                             temporary safety zone is necessary to                   the navigable waters and protection of                anticipate that it will have minimal
                                             protect mariners and vessels from the                   persons and vessels in vicinity of the                impact on the economy, will not
                                             navigational hazards associated with                    Helocast Water Insertion Training                     interfere with other agencies, will not
                                             this event. Entry of vessels or persons                                                                       adversely alter the budget of any grant
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     Event.
                                             into this zone is prohibited unless                                                                           or loan recipients, and will not raise any
                                             specifically authorized by the Captain of               III. Legal Authority and Need for Rule                novel legal or policy issues. The safety
                                             the Port Buffalo.                                          The Coast Guard is issuing this rule               zone created by this rule will be
                                             DATES: This rule is effective from 6:00                 under authority in 33 U.S.C. 1231. The                relatively small and enforced for a
                                             a.m. until 2:00 p.m. on September 14,                   Captain of the Port Buffalo (COTP) has                relatively short time. Also, the safety
                                             2018.                                                   determined that helicopter training with              zone has been designed to allow vessels


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Document Created: 2018-09-08 00:42:32
Document Modified: 2018-09-08 00:42:32
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 8 a.m. through 5 p.m. on September 12, 2018, or until the exercise concludes, whichever occurs first.
ContactIf you have questions on this rule, call or email Lieutenant Commander Christian Barger, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314-269-2560, email [email protected]
FR Citation83 FR 45567 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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