83_FR_51535 83 FR 51338 - Safety Zone; Transmission Line Survey, Tennessee River Mile Marker 300 to 302, Decatur, AL

83 FR 51338 - Safety Zone; Transmission Line Survey, Tennessee River Mile Marker 300 to 302, Decatur, AL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range51338-51340
FR Document2018-22160

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Tennessee River from mile marker 300 to mile marker 302. This safety zone is necessary to protect persons, property, and the marine environment from potential hazards associated with the underwater survey of several transmission lines. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative.

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Rules and Regulations]
[Pages 51338-51340]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22160]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0937]
RIN 1625-AA00


Safety Zone; Transmission Line Survey, Tennessee River Mile 
Marker 300 to 302, Decatur, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Tennessee River from mile marker 300 to 
mile marker 302. This safety zone is necessary to protect persons, 
property, and the marine environment from potential hazards associated 
with the underwater survey of several transmission lines. Entry of 
vessels or persons into this zone is prohibited unless authorized by 
the Captain of the Port Sector Ohio Valley or a designated 
representative.

DATES: This rule is effective from 8 a.m. on October 10, 2018 through 6 
p.m. on October 17, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0937 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Nicholas Jones, Marine Safety Detachment 
Nashville, U.S. Coast Guard; telephone 615-736-5421, 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

    On September 25, 2018, Triton Diving Services notified Marine 
Safety Detachment Nashville that their underwater transmission line 
survey at mile marker 301 of the Tennessee River would be ready to 
commence on October 10, 2018. Triton Diving Services estimates that the 
work will take one week, and will conclude no later than October 17, 
2018.
    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 (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. We must 
establish this safety zone by October 10, 2018, and lack sufficient 
time to provide a reasonable comment period and then

[[Page 51339]]

consider those comments before issuing the rule. The NPRM process would 
delay the establishment of the safety zone until after the underwater 
transmission line survey and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. Delaying the effective date of this rule would be 
contrary to public interest because immediate action is needed to 
respond to potential safety hazards associated with the underwater 
transmission line survey.

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 the underwater transmission line 
survey will be a safety concern for anyone on a two-mile stretch of the 
Tennessee River. This rule is necessary to protect persons, vessels, 
and the marine environment during the transmission line operations.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. on 
October 10, 2018 through 6 p.m. on October 17, 2018, or until the 
underwater transmission line survey work is finished, whichever occurs 
earlier. The safety zone covers all navigable waters from mile marker 
300 to mile marker 302 on the Tennessee River in Decatur, AL. The 
safety zone will be enforced for two periods on each day of the 
effective period, in the morning from 8 a.m. through noon, and in the 
afternoon from 1 p.m. through 6 p.m. A safety vessel will coordinate 
all vessel traffic during the enforcement periods. The duration of the 
safety zone is intended to protect persons, vessels, and the marine 
environment during the transmission line operations.
    No vessel or person is 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 Sector Ohio Valley, U.S. Coast Guard. They may be contacted on VHF 
Channel 13 or 16, or at 1-800-253-7465. All persons and vessels 
permitted to enter this safety zone must transit at their slowest safe 
speed and comply with all directions issued by the COTP or the 
designated representative. The COTP or a designated representative will 
inform the public of the enforcement times and dates 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 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget, and pursuant to OMB guidance it is exempt from 
the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration, of the temporary safety zone. This safety zone 
prohibits transit on a two-mile stretch of the Tennessee River for 
about 9 hours on each day of the 7 day period. Breaks in the work will 
allow for vessels to pass through the safety zone between the morning 
and afternoon enforcement periods, and a safety vessel will be on-scene 
to help waterway users coordinate their transits. Moreover, the Coast 
Guard will issue BNMs 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

[[Page 51340]]

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 prohibits 
transit on a one-mile stretch of the Tennessee River for about 12 hours 
on weekdays only during a one-month period. 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 U. S. 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. 
0170.2.


0
2. Add new Sec.  165.T08-0937 to read as follows:


Sec.  165.T08-0937  Safety Zone; Transmission Line Survey, Tennessee 
River, Miles 300 to 302, Decatur, AL.

    (a) Location. All navigable waters of the Tennessee River from mile 
marker 300.0 to mile marker 302.0, Decatur, AL.
    (b) Effective period. This section is effective from 8 a.m. on 
October 10, 2018 through 6 p.m. on October 17, 2018, or until the 
underwater transmission line survey work is finished, whichever occurs 
earlier.
    (c) Enforcement periods. This section will be enforced each day 
during the effective period from 8 a.m. through noon, and from 1 p.m. 
through 6 p.m. A safety vessel will coordinate all vessel traffic 
during the enforcement periods.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.801 of this part, entry into this area is prohibited unless 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of Sector Ohio Valley, 
U.S. Coast Guard.
    (2) Persons or vessels requiring entry into or passage through the 
area must request permission from the COTP or a designated 
representative. U.S. Coast Guard Sector Ohio Valley may be contacted on 
VHF Channel 13 or 16, or at 1-800-253-7465.
    (3) A safety vessel will coordinate all vessel traffic during the 
enforcement of this safety zone. All persons and vessels permitted to 
enter this safety zone must transit at their slowest safe speed and 
comply with all directions issued by the COTP or the designated 
representative.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and dates 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: October 5, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-22160 Filed 10-10-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             51338            Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations

                                             further review under paragraph L60(a)                   and will also announce the suspension                 and the marine environment from
                                             of Appendix A, Table 1 of DHS                           of enforcement of the zone on VHF–FM                  potential hazards associated with the
                                             Instruction Manual 023–01–001–01,                       marine channel 16.                                    underwater survey of several
                                             Rev. 01. A Record of Environmental                        (d) Regulations. (1) In accordance                  transmission lines. Entry of vessels or
                                             Consideration supporting this                           with the general regulations in § 165.23              persons into this zone is prohibited
                                             determination is available in the docket                of this part, entry of vessels or persons             unless authorized by the Captain of the
                                             where indicated under ADDRESSES.                        into this zone is prohibited unless                   Port Sector Ohio Valley or a designated
                                                                                                     specifically authorized by the COTP or                representative.
                                             G. Protest Activities
                                                                                                     designated representative. A designated               DATES: This rule is effective from 8 a.m.
                                               The Coast Guard respects the First                    representative is a commissioned,                     on October 10, 2018 through 6 p.m. on
                                             Amendment rights of protesters.                         warrant, or petty officer of the U.S.                 October 17, 2018.
                                             Protesters are asked to contact the                     Coast Guard assigned to units under the               ADDRESSES: To view documents
                                             person listed in the FOR FURTHER                        operational control of USCG Sector                    mentioned in this preamble as being
                                             INFORMATION CONTACT section to                          Upper Mississippi River.                              available in the docket, go to http://
                                             coordinate protest activities so that your                (2) Vessels requiring entry into this               www.regulations.gov, type USCG–2018–
                                             message can be received without                         safety zone must request permission                   0937 in the ‘‘SEARCH’’ box and click
                                             jeopardizing the safety or security of                  from the COTP or a designated                         ‘‘SEARCH.’’ Click on Open Docket
                                             people, places or vessels.                              representative. To seek entry into the                Folder on the line associated with this
                                             List of Subjects in 33 CFR Part 165                     safety zone, contact the COTP or the                  rule.
                                                                                                     COTP’s representative by telephone at                 FOR FURTHER INFORMATION CONTACT: If
                                               Harbors, Marine safety, Navigation                    314–269–2332 or on VHF–FM channel
                                             (water), Reporting and recordkeeping                                                                          you have questions on this rule, call or
                                                                                                     16.                                                   email Petty Officer Nicholas Jones,
                                             requirements, Security measures,                          (3) Persons and vessels permitted to
                                             Waterways.                                                                                                    Marine Safety Detachment Nashville,
                                                                                                     enter this safety zone must transit at
                                               For the reasons discussed in the                                                                            U.S. Coast Guard; telephone 615–736–
                                                                                                     their slowest safe speed and comply
                                             preamble, the Coast Guard amends 33                                                                           5421, email MSDNashville@uscg.mil.
                                                                                                     with all lawful directions issued by the
                                             CFR part 165 as follows:                                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                     COTP or the designated representative.
                                                                                                       (e) Information broadcasts. The COTP                I. Table of Abbreviations
                                             PART 165—REGULATED NAVIGATION                           or a designated representative will
                                             AREAS AND LIMITED ACCESS AREAS                                                                                CFR Code of Federal Regulations
                                                                                                     inform the public of the enforcement                  COTP Captain of the Port Sector Ohio
                                             ■ 1. The authority citation for part 165                dates and times for this safety zone, as                Valley
                                             continues to read as follows:                           well as any emergent safety concerns                  DHS Department of Homeland Security
                                                                                                     that may delay the enforcement of the                 FR Federal Register
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             zone each day, through Broadcast                      NPRM Notice of proposed rulemaking
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     § Section
                                                                                                     Notices to Mariners (BNMs), Local
                                             Department of Homeland Security Delegation                                                                    U.S.C. United States Code
                                             No. 0170.1.                                             Notices to Mariners (LNMs), and/or
                                                                                                     Marine Safety Information Bulletins                   II. Background Information and
                                             ■ 2. Add § 165.T08–0905 to read as                      (MSIBs) as appropriate.                               Regulatory History
                                             follows:
                                                                                                       Dated: September 28, 2018.                             On September 25, 2018, Triton Diving
                                             § 165.T08–0905 Safety Zone; Upper                       S.A. Stoermer,                                        Services notified Marine Safety
                                             Mississippi River, mile 182.5, St. Louis, MN.           Captain, U.S. Coast Guard, Captain of the             Detachment Nashville that their
                                               (a) Location. The following area is a                 Port Sector Upper Mississippi River.                  underwater transmission line survey at
                                             safety zone: All navigable waters within                [FR Doc. 2018–22033 Filed 10–10–18; 8:45 am]          mile marker 301 of the Tennessee River
                                             500 yards of the McKinley Highway and                   BILLING CODE 9110–04–P                                would be ready to commence on
                                             Railroad Bridge at mile marker (MM)                                                                           October 10, 2018. Triton Diving Services
                                             182.5 on the Upper Mississippi River,                                                                         estimates that the work will take one
                                             extending the entire width of the river.                DEPARTMENT OF HOMELAND                                week, and will conclude no later than
                                                (b) Effective period. This section is                SECURITY                                              October 17, 2018.
                                             effective from September 28, 2018                                                                                The Coast Guard is issuing this
                                             through October 19, 2018.                               Coast Guard                                           temporary rule without prior notice and
                                                (c) Enforcement periods. This section                                                                      opportunity to comment pursuant to
                                             will be enforced on approximately 9                     33 CFR Part 165                                       authority under section 4(a) of the
                                             days during the effective period. This                  [Docket Number USCG–2018–0937]                        Administrative Procedure Act (5 U.S.C.
                                             section will be enforced each day that                                                                        553(b)). This provision authorizes an
                                             electrical line work is to be performed                 RIN 1625–AA00                                         agency to issue a rule without prior
                                             from approximately 9 a.m. through 2                                                                           notice and opportunity to comment
                                             p.m. The Captain of the Port Sector                     Safety Zone; Transmission Line                        when the agency for good cause finds
                                             Upper Mississippi River (COTP) or a                     Survey, Tennessee River Mile Marker                   that those procedures are
                                             designated representative will inform                   300 to 302, Decatur, AL                               ‘‘impracticable, unnecessary, or contrary
                                             the public through Broadcast Notices to                 AGENCY:    Coast Guard, DHS.                          to the public interest.’’ Under 5 U.S.C.
                                             Mariners (BNMs) and/or through other                    ACTION:   Temporary final rule.                       553(b)(B), the Coast Guard finds that
khammond on DSK30JT082PROD with RULES




                                             means of public notice at least 12 hours                                                                      good cause exists for not publishing a
                                             in advance of each enforcement period,                  SUMMARY:   The Coast Guard is                         notice of proposed rulemaking (NPRM)
                                             and a safety vessel will coordinate all                 establishing a temporary safety zone for              with respect to this rule because it is
                                             vessel traffic during the enforcement                   all navigable waters of the Tennessee                 impracticable. We must establish this
                                             periods. In addition, the COTP or a                     River from mile marker 300 to mile                    safety zone by October 10, 2018, and
                                             designated representative will release                  marker 302. This safety zone is                       lack sufficient time to provide a
                                             regular BNMs while the zone is in effect                necessary to protect persons, property,               reasonable comment period and then


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                                                              Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations                                        51339

                                             consider those comments before issuing                  dates for this safety zone through                    entities, for the reasons stated in section
                                             the rule. The NPRM process would                        Broadcast Notices to Mariners (BNMs),                 V.A above, this rule will not have a
                                             delay the establishment of the safety                   Local Notices to Mariners (LNMs), and/                significant economic impact on any
                                             zone until after the underwater                         or Marine Safety Information Bulletins                vessel owner or operator.
                                             transmission line survey and                            (MSIBs), as appropriate.                                 Under section 213(a) of the Small
                                             compromise public safety.                                                                                     Business Regulatory Enforcement
                                                Under 5 U.S.C. 553(d)(3), the Coast                  V. Regulatory Analyses                                Fairness Act of 1996 (Pub. L. 104–121),
                                             Guard finds that good cause exists for                    We developed this rule after                        we want to assist small entities in
                                             making it effective less than 30 days                   considering numerous statutes and                     understanding this rule. If the rule
                                             after publication in the Federal                        Executive orders related to rulemaking.               would affect your small business,
                                             Register. Delaying the effective date of                Below we summarize our analyses                       organization, or governmental
                                             this rule would be contrary to public                   based on a number of these statutes and               jurisdiction and you have questions
                                             interest because immediate action is                    Executive orders, and we discuss First                concerning its provisions or options for
                                             needed to respond to potential safety                   Amendment rights of protestors.                       compliance, please contact the person
                                             hazards associated with the underwater                                                                        listed in the FOR FURTHER INFORMATION
                                                                                                     A. Regulatory Planning and Review
                                             transmission line survey.                                                                                     CONTACT section.
                                                                                                        Executive Orders 12866 and 13563                      Small businesses may send comments
                                             III. Legal Authority and Need for Rule                  direct agencies to assess the costs and               on the actions of Federal employees
                                                The Coast Guard is issuing this rule                 benefits of available regulatory                      who enforce, or otherwise determine
                                             under authority in 33 U.S.C. 1231. The                  alternatives and, if regulation is                    compliance with, Federal regulations to
                                             Captain of the Port Sector Ohio Valley                  necessary, to select regulatory                       the Small Business and Agriculture
                                             (COTP) has determined that potential                    approaches that maximize net benefits.                Regulatory Enforcement Ombudsman
                                             hazards associated with the underwater                  Executive Order 13771 directs agencies                and the Regional Small Business
                                             transmission line survey will be a safety               to control regulatory costs through a                 Regulatory Fairness Boards. The
                                             concern for anyone on a two-mile                        budgeting process. This rule has not                  Ombudsman evaluates these actions
                                             stretch of the Tennessee River. This rule               been designated a ‘‘significant                       annually and rates each agency’s
                                             is necessary to protect persons, vessels,               regulatory action,’’ under Executive                  responsiveness to small business. If you
                                             and the marine environment during the                   Order 12866. Accordingly, it has not                  wish to comment on actions by
                                             transmission line operations.                           been reviewed by the Office of                        employees of the Coast Guard, call 1–
                                             IV. Discussion of the Rule                              Management and Budget, and pursuant                   888–REG–FAIR (1–888–734–3247). The
                                                                                                     to OMB guidance it is exempt from the                 Coast Guard will not retaliate against
                                                This rule establishes a temporary                    requirements of Executive Order 13771.                small entities that question or complain
                                             safety zone from 8 a.m. on October 10,                     This regulatory action determination               about this rule or any policy or action
                                             2018 through 6 p.m. on October 17,                      is based on the size, location, and                   of the Coast Guard.
                                             2018, or until the underwater                           duration, of the temporary safety zone.
                                             transmission line survey work is                        This safety zone prohibits transit on a               C. Collection of Information
                                             finished, whichever occurs earlier. The                 two-mile stretch of the Tennessee River                 This rule will not call for a new
                                             safety zone covers all navigable waters                 for about 9 hours on each day of the 7                collection of information under the
                                             from mile marker 300 to mile marker                     day period. Breaks in the work will                   Paperwork Reduction Act of 1995 (44
                                             302 on the Tennessee River in Decatur,                  allow for vessels to pass through the                 U.S.C. 3501–3520).
                                             AL. The safety zone will be enforced for                safety zone between the morning and
                                             two periods on each day of the effective                                                                      D. Federalism and Indian Tribal
                                                                                                     afternoon enforcement periods, and a
                                             period, in the morning from 8 a.m.                                                                            Governments
                                                                                                     safety vessel will be on-scene to help
                                             through noon, and in the afternoon from                 waterway users coordinate their transits.                A rule has implications for federalism
                                             1 p.m. through 6 p.m. A safety vessel                   Moreover, the Coast Guard will issue                  under Executive Order 13132,
                                             will coordinate all vessel traffic during               BNMs via VHF–FM marine channel 16                     Federalism, if it has a substantial direct
                                             the enforcement periods. The duration                   about the zone, and the rule allows                   effect on the States, on the relationship
                                             of the safety zone is intended to protect               vessels to seek permission to enter the               between the national government and
                                             persons, vessels, and the marine                        zone.                                                 the States, or on the distribution of
                                             environment during the transmission                                                                           power and responsibilities among the
                                             line operations.                                        B. Impact on Small Entities                           various levels of government. We have
                                                No vessel or person is permitted to                     The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             enter the safety zone without obtaining                 1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             permission from the COTP or a                           requires Federal agencies to consider                 with the fundamental federalism
                                             designated representative. A designated                 the potential impact of regulations on                principles and preemption requirements
                                             representative is a commissioned,                       small entities during rulemaking. The                 described in Executive Order 13132.
                                             warrant, or petty officer of the U.S.                   term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                             Coast Guard assigned to units under the                 businesses, not-for-profit organizations              implications under Executive Order
                                             operational control of Sector Ohio                      that are independently owned and                      13175, Consultation and Coordination
                                             Valley, U.S. Coast Guard. They may be                   operated and are not dominant in their                with Indian Tribal Governments,
                                             contacted on VHF Channel 13 or 16, or                   fields, and governmental jurisdictions                because it does not have a substantial
                                             at 1–800–253–7465. All persons and                      with populations of less than 50,000.                 direct effect on one or more Indian
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                                             vessels permitted to enter this safety                  The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             zone must transit at their slowest safe                 605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                             speed and comply with all directions                    significant economic impact on a                      or on the distribution of power and
                                             issued by the COTP or the designated                    substantial number of small entities.                 responsibilities between the Federal
                                             representative. The COTP or a                              While some owners or operators of                  Government and Indian tribes. If you
                                             designated representative will inform                   vessels intending to transit the                      believe this rule has implications for
                                             the public of the enforcement times and                 temporary safety zone may be small                    federalism or Indian tribes, please


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                                             51340            Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations

                                             contact the person listed in the FOR                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           DEPARTMENT OF COMMERCE
                                             FURTHER INFORMATION CONTACT section                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             above.                                                  Department of Homeland Security Delegation            Patent and Trademark Office
                                                                                                     No. 0170.2.
                                             E. Unfunded Mandates Reform Act                                                                               37 CFR Part 42
                                               The Unfunded Mandates Reform Act                      ■ 2. Add new § 165.T08–0937 to read as
                                                                                                     follows:                                              [Docket No. PTO–P–2018–0036]
                                             of 1995 (2 U.S.C. 1531–1538) requires
                                             Federal agencies to assess the effects of               § 165.T08–0937 Safety Zone; Transmission              RIN 0651–AD16
                                             their discretionary regulatory actions. In              Line Survey, Tennessee River, Miles 300 to
                                             particular, the Act addresses actions                   302, Decatur, AL.                                     Changes to the Claim Construction
                                             that may result in the expenditure by a                                                                       Standard for Interpreting Claims in
                                             State, local, or tribal government, in the                 (a) Location. All navigable waters of              Trial Proceedings Before the Patent
                                             aggregate, or by the private sector of                  the Tennessee River from mile marker                  Trial and Appeal Board
                                             $100,000,000 (adjusted for inflation) or                300.0 to mile marker 302.0, Decatur, AL.
                                                                                                                                                           AGENCY:  United States Patent and
                                             more in any one year. Though this rule                     (b) Effective period. This section is              Trademark Office, Department of
                                             will not result in such an expenditure,                 effective from 8 a.m. on October 10,                  Commerce.
                                             we do discuss the effects of this rule                  2018 through 6 p.m. on October 17,                    ACTION: Final rule.
                                             elsewhere in this preamble.                             2018, or until the underwater
                                                                                                     transmission line survey work is                      SUMMARY:     The United States Patent and
                                             F. Environment
                                                                                                     finished, whichever occurs earlier.                   Trademark Office (‘‘USPTO’’ or
                                               We have analyzed this rule under                         (c) Enforcement periods. This section              ‘‘Office’’) revises the claim construction
                                             Department of Homeland Security                         will be enforced each day during the                  standard for interpreting claims in inter
                                             Directive 023–01 and Commandant                         effective period from 8 a.m. through                  partes review (‘‘IPR’’), post-grant review
                                             Instruction M16475.1D, which guide the                  noon, and from 1 p.m. through 6 p.m.                  (‘‘PGR’’), and the transitional program
                                             Coast Guard in complying with the                       A safety vessel will coordinate all vessel            for covered business method patents
                                             National Environmental Policy Act of                    traffic during the enforcement periods.               (‘‘CBM’’) proceedings before the Patent
                                             1969 (42 U.S.C. 4321–4370f), and have                                                                         Trial and Appeal Board (‘‘PTAB’’ or
                                             determined that this action is one of a                    (d) Regulations. (1) In accordance
                                                                                                                                                           ‘‘Board’’). In particular, the Office is
                                             category of actions that do not                         with the general regulations in § 165.801
                                                                                                                                                           replacing the broadest reasonable
                                             individually or cumulatively have a                     of this part, entry into this area is
                                                                                                                                                           interpretation (‘‘BRI’’) standard such
                                             significant effect on the human                         prohibited unless authorized by the
                                                                                                                                                           that claims shall now be construed
                                             environment. This rule prohibits transit                Captain of the Port Sector Ohio Valley
                                                                                                                                                           using the same claim construction
                                             on a one-mile stretch of the Tennessee                  (COTP) or a designated representative.
                                                                                                                                                           standard that is used to construe the
                                             River for about 12 hours on weekdays                    A designated representative is a
                                                                                                                                                           claim in a civil action in federal district
                                             only during a one-month period. It is                   commissioned, warrant, or petty officer
                                                                                                                                                           court. This rule reflects that the PTAB
                                             categorically excluded from further                     of the U.S. Coast Guard assigned to
                                                                                                                                                           in an AIA proceeding will apply the
                                             review under paragraph L60(a) of                        units under the operational control of
                                                                                                                                                           same standard applied in federal courts
                                             Appendix A, Table 1 of DHS Instruction                  Sector Ohio Valley, U.S. Coast Guard.
                                                                                                                                                           to construe patent claims. The Office
                                             Manual 023–01–001–01, Rev. 01. A                           (2) Persons or vessels requiring entry             also amends the rules to add that any
                                             Record of Environmental Consideration                   into or passage through the area must                 prior claim construction determination
                                             supporting this determination is                        request permission from the COTP or a                 concerning a term of the claim in a civil
                                             available in the docket where indicated                 designated representative. U.S. Coast                 action, or a proceeding before the
                                             under ADDRESSES.                                        Guard Sector Ohio Valley may be                       International Trade Commission
                                             G. Protest Activities                                   contacted on VHF Channel 13 or 16, or                 (‘‘ITC’’), that is timely made of record in
                                                                                                     at 1–800–253–7465.                                    an IPR, PGR, or CBM proceeding will be
                                               The Coast Guard respects the First                                                                          considered.
                                                                                                        (3) A safety vessel will coordinate all
                                             Amendment rights of protesters.
                                                                                                     vessel traffic during the enforcement of              DATES:
                                             Protesters are asked to contact the                                                                              Effective Date: The changes in this
                                                                                                     this safety zone. All persons and vessels
                                             person listed in the FOR FURTHER                                                                              final rule take effect on November 13,
                                                                                                     permitted to enter this safety zone must
                                             INFORMATION CONTACT section to
                                                                                                     transit at their slowest safe speed and               2018.
                                             coordinate protest activities so that your                                                                       Applicability Date: This rule is
                                                                                                     comply with all directions issued by the
                                             message can be received without                                                                               effective on November 13, 2018 and
                                                                                                     COTP or the designated representative.
                                             jeopardizing the safety or security of                                                                        applies to all IPR, PGR and CBM
                                             people, places, or vessels.                                (e) Information broadcasts. The COTP
                                                                                                                                                           petitions filed on or after the effective
                                                                                                     or a designated representative will
                                             List of Subjects in 33 CFR Part 165                                                                           date.
                                                                                                     inform the public of the enforcement
                                               Harbors, Marine safety, Navigation                    times and dates for this safety zone                  FOR FURTHER INFORMATION CONTACT:
                                             (water), Reporting and recordkeeping                    through Broadcast Notices to Mariners                 Michael Tierney and Jacqueline Wright
                                             requirements, Security measures,                        (BNMs), Local Notices to Mariners                     Bonilla, Vice Chief Administrative
                                             Waterways.                                              (LNMs), and/or Marine Safety                          Patent Judges, by telephone at (571)
                                               For the reasons discussed in the                      Information Bulletins (MSIBs), as                     272–9797.
                                             preamble, the U. S. Coast Guard amends                  appropriate.                                          SUPPLEMENTARY INFORMATION:
khammond on DSK30JT082PROD with RULES




                                             33 CFR part 165 as follows:                               Dated: October 5, 2018.                             Executive Summary
                                                                                                     M.B. Zamperini,                                         Purpose: This final rule revises the
                                             PART 165—REGULATED NAVIGATION
                                                                                                     Captain, U.S. Coast Guard, Captain of the             rules for IPR, PGR, and CBM
                                             AREAS AND LIMITED ACCESS AREAS
                                                                                                     Port Sector Ohio Valley.                              proceedings that implemented
                                             ■ 1. The authority citation for part 165                [FR Doc. 2018–22160 Filed 10–10–18; 8:45 am]          provisions of the Leahy-Smith America
                                             continues to read as follows:                           BILLING CODE 9110–04–P                                Invents Act (‘‘AIA’’) providing for trials


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Document Created: 2018-10-11 15:37:25
Document Modified: 2018-10-11 15:37:25
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. on October 10, 2018 through 6 p.m. on October 17, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Nicholas Jones, Marine Safety Detachment Nashville, U.S. Coast Guard; telephone 615-736-5421, email [email protected]
FR Citation83 FR 51338 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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