Safety Zone; Upper Mississippi River, Thebes, IL, 3401-3403 [2018-01336]

Download as PDF 3401 Rules and Regulations Federal Register Vol. 83, No. 17 Thursday, January 25, 2018 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0052] Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Chambers Bay railroad lift bridge (Chambers Bay Bridge) across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA. The deviation allows the Chambers Bay Bridge to operate without a duty bridge operator during the late evening and early morning hours over the relevant dates. During these hours the Chambers Bay Bridge will remain in the closed-tonavigation position. DATES: This deviation is effective without actual notice from January 25, 2018 through 6 a.m. on May 19, 2018. For the purposes of enforcement, actual notice will be used from January 25, 2018 until 10 p.m. May 19, 2018. ADDRESSES: The docket for this deviation, USCG–2018–0052 is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. SUPPLEMENTARY INFORMATION: Burlington Northern Santa Fe (BNSF) Railway Company owns and operates the vertical lift Chambers Bay Bridge. BNSF sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:01 Jan 24, 2018 Jkt 244001 requested the Chambers Bay Bridge, across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA, be authorized to operate without a bridge operator on duty between the hours of 10 p.m. and 6 a.m. The subject bridge operates in accordance with 33 CFR 117.5. Chambers Bay Bridge has a vertical clearance of 10 ft in the closedto-navigation position, and 50 ft of vertical clearance in the open-tonavigation position (reference MHW elevation of 12.2 feet). Between the hours of 10 p.m. and 6 a.m., the Chambers Bay Bridge will be able to open on signal if such requests are received with at least 4 hours notice. Waterway usage on Chambers Bay is recreational pleasure craft including cabin cruisers and sailing vessels. Vessels able to pass under the bridge in the closed-to-navigation position may do so at anytime. The bridge will be able to open for emergencies during this closure period, and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: January 19, 2018. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2018–01382 Filed 1–24–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0060] RIN 1625–AA00 Safety Zone; Upper Mississippi River, Thebes, IL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 The Coast Guard is establishing an emergency temporary safety zone for all navigable waters of the Upper Mississippi River between mile marker (MM) 40 and MM 45. This emergency safety zone is needed to protect life, vessels, and the marine environment from potential hazards associated with lightering operations of a grounded barge. Entry of down-bound vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. DATES: This rule is effective without actual notice from January 25, 2018 until January 26, 2018, or, until the lightering operations cease, whichever occurs first. For the purposes of enforcement, actual notice will be used from January 19, 2018 until January 25, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2018– 0060 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 Daniel Parker, Marine Safety Unit Paducah, U.S. Coast Guard; telephone 270–442–1621, email Daniel.M.Parker@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio Valley DHS Department of Homeland Security FR Federal Register MM Mile Marker NPRM Notice of Proposed Rulemaking § 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 E:\FR\FM\25JAR1.SGM 25JAR1 3402 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations 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. The safety zone must be established immediately to protect people and vessels during the lightering operation of a grounded barge and we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. It is also contrary to the public interest because following the NPRM process and delaying the effective date of this temporary rule would be detrimental to the immediate need to ensure the safety of life and property. 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 public interest because immediate action is needed to protect personnel, vessels, and the marine environment from potential hazards created by lightering operations of a grounded barge. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. This safety zone is established because the Captain of the Port Sector Ohio Valley (COTP) has determined that potential hazards associated with lightering operations of a grounded barge on the Upper Mississippi River between Mile Marker (MM) 40 and MM 45. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the hazards associated with lightering operations of a grounded barge are present. sradovich on DSK3GMQ082PROD with RULES IV. Discussion of the Rule The Coast Guard is establishing a temporary emergency safety zone for all navigable waters on the Upper Mississippi River between MM 40 and 45. Transit into and through this area is prohibited for down-bound traffic beginning at 7 a.m. on January 19, 2018 through 5 p.m. on January 26, 2018. The COTP will terminate the enforcement of this safety zone before January 26, 2018 if the lightering operations are completed before that date. Entry into this safety zone is prohibited unless specifically authorized by the COTP or his designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Ohio Valley. VerDate Sep<11>2014 16:01 Jan 24, 2018 Jkt 244001 Requests for entry will be considered and reviewed on a case-by-case basis. The COTP may be contacted by telephone at 502–779–5422 or can be reached by 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. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. This safety zone will restrict down-bound vessel traffic from entering or transiting within a five mile area of navigable waterways on the Upper Mississippi River between MM 40 and MM 45. 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. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 While some owners or operators of vessels intending to transit the 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 E:\FR\FM\25JAR1.SGM 25JAR1 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations 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. sradovich on DSK3GMQ082PROD with RULES F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves an emergency safety zone lasting less than one week that will prohibit entry and transiting between MM 40 and MM 45 on the Upper Mississippi River during lightering operations of a grounded barge. It is categorically excluded from further review under paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. Because this safety zone is established in response to an emergency situation and is less than one week in duration, a Record of Environmental Consideration (REC) is not required. Should this emergency situation require a safety zone lasting longer than one week, a REC will be made available as 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. VerDate Sep<11>2014 16:01 Jan 24, 2018 Jkt 244001 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 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. 2. Add § 165.T08–0053 to read as follows: ■ § 165.T08–0053 Safety Zone; Upper Mississippi River, Thebes, IL. (a) Location. The following area is a safety zone: All navigable waters of the Upper Mississippi River from Mile Marker (MM) 40 to MM 45, extending the entire width of the river. (b) Enforcement period. This section will be enforced from 7 a.m. on January 19, 2018 through 5 p.m. on January 26 2018, or until the lightering operations cease, whichever occurs first. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry of down-bound vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Ohio Valley. (2) 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 representative by telephone at 270–217–0959 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 through Broadcast Notices to Mariners of any changes in the planned schedule. Dated: January 19, 2018 M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2018–01336 Filed 1–24–18; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 3403 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604–1758–02] RIN 0648–XF970 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2017–2018 Commercial Trip Limit Reduction for Spanish Mackerel in the Atlantic Southern Zone National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; trip limit reduction. AGENCY: NMFS reduces the commercial trip limit of Atlantic migratory group Spanish mackerel in or from the exclusive economic zone (EEZ) in the Atlantic southern zone to 1,500 lb (680 kg), in round or gutted weight, per day. This commercial trip limit reduction is necessary to maximize the socioeconomic benefits of the quota. DATES: Effective 6 a.m., local time, on January 27, 2018, until 12:01 a.m., local time, March 1, 2018. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, or email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish includes king mackerel, Spanish mackerel, and cobia, and is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All weights for Atlantic Spanish mackerel below apply as either round or gutted weight. Framework Amendment 1 to the FMP (79 FR 69058, November 20, 2014) implemented a commercial annual catch limit (equal to the commercial quota) of 3.33 million lb (1.51 million kg) for the Atlantic migratory group of Spanish mackerel (Atlantic Spanish mackerel). Atlantic Spanish mackerel are divided into a northern and southern zone for management purposes. The southern zone consists of Federal waters off South Carolina, SUMMARY: E:\FR\FM\25JAR1.SGM 25JAR1

Agencies

[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)]
[Rules and Regulations]
[Pages 3401-3403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01336]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0060]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Thebes, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing an emergency temporary safety 
zone for all navigable waters of the Upper Mississippi River between 
mile marker (MM) 40 and MM 45. This emergency safety zone is needed to 
protect life, vessels, and the marine environment from potential 
hazards associated with lightering operations of a grounded barge. 
Entry of down-bound vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector Ohio 
Valley (COTP) or a designated representative.

DATES: This rule is effective without actual notice from January 25, 
2018 until January 26, 2018, or, until the lightering operations cease, 
whichever occurs first. For the purposes of enforcement, actual notice 
will be used from January 19, 2018 until January 25, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0060 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 Daniel Parker, Marine Safety Unit Paducah, 
U.S. Coast Guard; telephone 270-442-1621, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary

[[Page 3402]]

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. The safety zone must be established immediately to 
protect people and vessels during the lightering operation of a 
grounded barge and we lack sufficient time to provide a reasonable 
comment period and then consider those comments before issuing the 
rule. It is also contrary to the public interest because following the 
NPRM process and delaying the effective date of this temporary rule 
would be detrimental to the immediate need to ensure the safety of life 
and property.
    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 public interest because immediate action 
is needed to protect personnel, vessels, and the marine environment 
from potential hazards created by lightering operations of a grounded 
barge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. This safety zone is established because the Captain of the Port 
Sector Ohio Valley (COTP) has determined that potential hazards 
associated with lightering operations of a grounded barge on the Upper 
Mississippi River between Mile Marker (MM) 40 and MM 45. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the hazards associated 
with lightering operations of a grounded barge are present.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary emergency safety zone 
for all navigable waters on the Upper Mississippi River between MM 40 
and 45. Transit into and through this area is prohibited for down-bound 
traffic beginning at 7 a.m. on January 19, 2018 through 5 p.m. on 
January 26, 2018. The COTP will terminate the enforcement of this 
safety zone before January 26, 2018 if the lightering operations are 
completed before that date. Entry into this safety zone is prohibited 
unless specifically authorized by the COTP or his designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector Ohio Valley.
    Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 502-779-5422 or 
can be reached by 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. This safety 
zone will restrict down-bound vessel traffic from entering or 
transiting within a five mile area of navigable waterways on the Upper 
Mississippi River between MM 40 and MM 45. 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 
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

[[Page 3403]]

Government and Indian tribes. If you believe this rule has implications 
for federalism or Indian tribes, please contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, which guides the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and 
have determined that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. This rule involves an emergency safety zone lasting 
less than one week that will prohibit entry and transiting between MM 
40 and MM 45 on the Upper Mississippi River during lightering 
operations of a grounded barge. It is categorically excluded from 
further review under paragraph L60(c) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. Because this safety zone is 
established in response to an emergency situation and is less than one 
week in duration, a Record of Environmental Consideration (REC) is not 
required. Should this emergency situation require a safety zone lasting 
longer than one week, a REC will be made available as 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.T08-0053 to read as follows:


Sec.  165.T08-0053  Safety Zone; Upper Mississippi River, Thebes, IL.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River from Mile Marker (MM) 40 to MM 
45, extending the entire width of the river.
    (b) Enforcement period. This section will be enforced from 7 a.m. 
on January 19, 2018 through 5 p.m. on January 26 2018, or until the 
lightering operations cease, whichever occurs first.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry of down-bound vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port Sector Ohio Valley (COTP) or designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector Ohio Valley.
    (2) 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 representative by 
telephone at 270-217-0959 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 through Broadcast Notices to Mariners of any 
changes in the planned schedule.

    Dated: January 19, 2018
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-01336 Filed 1-24-18; 8:45 am]
 BILLING CODE 9110-04-P