Special Local Regulation; Clinch River, Oak Ridge, TN, 11881-11883 [2018-05461]
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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations
PART 598—FOREIGN NARCOTICS
KINGPIN SANCTIONS REGULATIONS
Subpart G—Penalties
48. The authority citation for part 598
continues to read as follows:
■
■
Authority: 3 U.S.C. 301; 21 U.S.C. 1901–
1908; 31 U.S.C. 321(b); Pub. L. 101–410, 104
Stat. 890 (28 U.S.C. 2461 note).
§ 598.701
[Amended]
49. In the note to paragraph (a)(3) in
§ 598.701, remove ‘‘As of January 15,
2017, the’’ and add in its place ‘‘The’’,
and remove ‘‘$1,437,153’’ and add in its
place ‘‘$1,466,485’’.
PART 1010—GENERAL PROVISIONS
50. The authority citation for part
1010 continues to read as follows:
11881
Authority: 12 U.S.C. 1829b and 1951–
1959; 31 U.S.C. 5311–5314 and 5316–5332;
title III, sec. 314, Pub. L. 107–56, 115 Stat.
307; sec. 701. Pub. L. 114–74, 129 Stat. 599.
51. Amend § 1010.821 by revising
Table 1 of § 1010.821 to read as follows:
■
§ 1010.821
*
Penalty adjustment and table.
*
*
(b) * * *
*
*
■
TABLE 1 OF § 1010.821—PENALTY ADJUSTMENT TABLE
U.S. Code
citation
12 U.S.C. 1829b(j)
12 U.S.C. 1955 ......
31 U.S.C.
5318(k)(3)(C).
31 U.S.C.
5321(a)(1).
31 U.S.C.
5321(a)(5)(B)(i)..
31 U.S.C.
5321(a)(5)(C).
31 U.S.C.
5321(a)(6)(A).
31 U.S.C.
5321(a)(6)(B).
31 U.S.C.
5321(a)(7).
31 U.S.C. 5330(e) ..
Penalties as
last amended
by statute
Civil monetary penalty
description
Relating to Recordkeeping Violations
For Funds Transfers.
Willful or Grossly Negligent Recordkeeping Violations.
Failure to Terminate Correspondent Relationship with Foreign Bank.
General Civil Penalty Provision for Willful Violations of Bank Secrecy Act Requirements.
Foreign Financial Agency Transaction—
Non-Willful Violation of Transaction.
Foreign Financial Agency Transaction—
Willful Violation of Transaction.
Negligent Violation by Financial Institution or Non-Financial Trade or Business.
Pattern of Negligent Activity by Financial
Institution or Non-Financial Trade or
Business.
Violation of Certain Due Diligence Requirements, Prohibition on Correspondent Accounts for Shell Banks,
and Special Measures.
Civil Penalty for Failure to Register as
Money Transmitting Business.
Ryan Brady,
Executive Secretary.
New maximum
penalty
amounts or
range of
minimum and
maximum
penalty
amounts for
penalties
assessed
after
8/1/2016
but before
1/16/2017
$10,000
$20,111
$20,521
10,000
20,111
20,521
10,000
13,603
13,881
25,000–100,000
54,789–219,156
55,907–223,629
10,000
12,663
12,921
100,000
126,626
129,210
500
1,096
1,118
50,000
85,236
86,976
1,000,000
1,360,317
1,388,081
5,000
8,084
8,249
DEPARTMENT OF HOMELAND
SECURITY
[FR Doc. 2018–05550 Filed 3–16–18; 8:45 am]
BILLING CODE 4810–35–P
Coast Guard
33 CFR Part 100
nshattuck on DSK9F9SC42PROD with RULES
[Docket Number USCG–2018–0096]
RIN 1625–AA08
Special Local Regulation; Clinch River,
Oak Ridge, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
VerDate Sep<11>2014
14:37 Mar 16, 2018
Jkt 244001
PO 00000
Frm 00037
New maximum
penalty
amounts or
range of
minimum
and
maximum
penalty
amounts for
penalties
assessed
after
1/15/2017
Fmt 4700
Sfmt 4700
The Coast Guard is
establishing a temporary special local
regulation for all navigable waters of the
Clinch River, extending the entire width
of the river, from mile marker (MM) 49.5
to MM 52.0. This special local
regulation is necessary to provide for
the safety of life on these navigable
waters near Oak Ridge, TN during the
Cardinal Invitational Regatta marine
event. Entry into, transiting through, or
anchoring within this regulated area is
prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
SUMMARY:
E:\FR\FM\19MRR1.SGM
19MRR1
11882
Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations
This rule is effective from 6 a.m.
on March 16, 2018 through 5 p.m. on
March 18, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0096 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 Vera Max, Marine
Safety Detachment Nashville, U.S. Coast
Guard; telephone 615–736–5421, email
MSDNashville@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
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
nshattuck on DSK9F9SC42PROD with RULES
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(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
restricted area by March 16, 2018 and
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
this rule. The NPRM process would
delay the establishment of the special
local regulation until after the
scheduled date of the marine event and
jeopardize public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
impracticable and contrary to the public
interest because immediate action is
necessary to protect persons and
property from the dangers associated
with the marine event.
VerDate Sep<11>2014
14:37 Mar 16, 2018
Jkt 244001
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with the Oak Ridge
Rowing Association Cardinal
Invitational Regatta marine event,
occurring from 6 a.m. through 5 p.m.
each day from March 16, 2018 through
March 18, 2018, will be a safety concern
for all navigable waters on the Clinch
River, extending the entire width of the
river, from mile marker (MM) 49.5 to
MM 52.0. The purpose of this rule is to
ensure the safety of life and vessels on
these navigable waters before, during,
and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 6 a.m. through 5 p.m.
each day from March 16, 2018 through
March 18, 2018 for all navigable waters
of the Clinch River, extending the entire
width of the river, from MM 49.5 to MM
52.0. Enforcement of the regulated area
will occur from 6 a.m. to 5 p.m. daily.
The duration of the special local
regulation is intended to ensure the
safety of life and vessels on these
navigable waters before, during, and
after the scheduled event. No vessel or
person will be permitted to enter the
special local regulated area without
obtaining permission from the COTP or
a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Ohio Valley. They may be
contacted on VHF–FM Channel 16 or by
telephone at 1–800–253–7465. Persons
and vessels permitted to enter this
regulated area 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
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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-day of the special local
regulation. The Coast Guard will issue
written Local Notice to Mariners and
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the
temporary special local regulation.
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 special
local regulation, 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
E:\FR\FM\19MRR1.SGM
19MRR1
Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
nshattuck on DSK9F9SC42PROD with RULES
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 the
establishment of a special local
VerDate Sep<11>2014
14:37 Mar 16, 2018
Jkt 244001
regulation lasting eleven hours on three
days extending a distance of less than
three miles that will prohibit entry on
all navigable waters of the Clinch River
from MM 49.5 to MM 52.0. It is
categorically excluded from further
review under paragraph L63(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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T08–0096 to read as
follows:
■
§ 100.35T08–0096 Special Local
Regulation; Clinch River, Oak Ridge, TN.
(a) Location. The following area is a
temporary special local regulation: All
navigable waters of the Clinch River,
extending the entire width of the river,
between mile marker (MM) 49.5 and
MM 52.0, Oak Ridge, TN.
(b) Effective period. This section is
effective from 6 a.m. on March 16, 2018
through 5 p.m. on March 18, 2018.
(c) Special local regulations.
(1) 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 USCG Sector
Ohio Valley.
(2) Persons or vessels seeking to enter
the regulated area must request
permission from the COTP or a
designated representative on VHF–FM
channel 16 or by telephone at 1–800–
253–7465.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
11883
(3) Persons and vessels permitted to
enter this regulated area must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through local
notice to mariners and Broadcast
Notices to Mariners of the enforcement
period for the regulated area as well as
any changes in the planned schedule.
Dated: March 12, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2018–05461 Filed 3–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0146]
Safety Zone; Pittsburgh Pirates
Fireworks, Allegheny River, Pittsburgh,
PA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
safety zones for the Pittsburgh Pirates
Fireworks on the Allegheny River,
extending the entire width of the river,
from mile 0.2 to 0.8 in Pittsburgh, PA.
The safety zones are necessary to protect
vessels transiting the area and event
spectators from the hazards associated
with the Pittsburgh Pirates barge-based
firework displays following certain
home games throughout the season.
During the enforcement period, entry
into, transiting, or anchoring in the
safety zones is prohibited to all vessels
not registered with the sponsor as
participants or official patrol vessels,
unless specifically authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative.
DATES: The regulations in 33 CFR
165.801, Table 1, Line 1 will be
enforced from 8 p.m. through 11:59 p.m.
each day on April 7, April 28, May 18,
June 22, July 28, August 18, and
September 21, 2018, unless the firework
displays are postponed because of
adverse weather, in which case, this
rule will be enforced within 48 hours of
each scheduled date.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
SUMMARY:
E:\FR\FM\19MRR1.SGM
19MRR1
]]>Agencies
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11881-11883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05461]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0096]
RIN 1625-AA08
Special Local Regulation; Clinch River, Oak Ridge, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all navigable waters of the Clinch River, extending the
entire width of the river, from mile marker (MM) 49.5 to MM 52.0. This
special local regulation is necessary to provide for the safety of life
on these navigable waters near Oak Ridge, TN during the Cardinal
Invitational Regatta marine event. Entry into, transiting through, or
anchoring within this regulated area is prohibited unless authorized by
the Captain of the Port Sector Ohio Valley (COTP) or a designated
representative.
[[Page 11882]]
DATES: This rule is effective from 6 a.m. on March 16, 2018 through 5
p.m. on March 18, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0096 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 Vera Max, 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
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 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 restricted area by March 16, 2018 and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing this rule. The NPRM process would delay the
establishment of the special local regulation until after the scheduled
date of the marine event and jeopardize public safety.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
impracticable and contrary to the public interest because immediate
action is necessary to protect persons and property from the dangers
associated with the marine event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the Oak Ridge Rowing Association
Cardinal Invitational Regatta marine event, occurring from 6 a.m.
through 5 p.m. each day from March 16, 2018 through March 18, 2018,
will be a safety concern for all navigable waters on the Clinch River,
extending the entire width of the river, from mile marker (MM) 49.5 to
MM 52.0. The purpose of this rule is to ensure the safety of life and
vessels on these navigable waters before, during, and after the
scheduled event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 6 a.m.
through 5 p.m. each day from March 16, 2018 through March 18, 2018 for
all navigable waters of the Clinch River, extending the entire width of
the river, from MM 49.5 to MM 52.0. Enforcement of the regulated area
will occur from 6 a.m. to 5 p.m. daily. The duration of the special
local regulation is intended to ensure the safety of life and vessels
on these navigable waters before, during, and after the scheduled
event. No vessel or person will be permitted to enter the special local
regulated area without obtaining permission from the COTP or a
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Ohio
Valley. They may be contacted on VHF-FM Channel 16 or by telephone at
1-800-253-7465. Persons and vessels permitted to enter this regulated
area 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-day of the special local regulation.
The Coast Guard will issue written Local Notice to Mariners and
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
temporary special local regulation.
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
special local regulation, 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
[[Page 11883]]
about this rule or any policy or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, 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 the establishment of a special
local regulation lasting eleven hours on three days extending a
distance of less than three miles that will prohibit entry on all
navigable waters of the Clinch River from MM 49.5 to MM 52.0. It is
categorically excluded from further review under paragraph L63(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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35T08-0096 to read as follows:
Sec. 100.35T08-0096 Special Local Regulation; Clinch River, Oak
Ridge, TN.
(a) Location. The following area is a temporary special local
regulation: All navigable waters of the Clinch River, extending the
entire width of the river, between mile marker (MM) 49.5 and MM 52.0,
Oak Ridge, TN.
(b) Effective period. This section is effective from 6 a.m. on
March 16, 2018 through 5 p.m. on March 18, 2018.
(c) Special local regulations.
(1) 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 USCG Sector Ohio Valley.
(2) Persons or vessels seeking to enter the regulated area must
request permission from the COTP or a designated representative on VHF-
FM channel 16 or by telephone at 1-800-253-7465.
(3) Persons and vessels permitted to enter this regulated area must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through local notice to mariners
and Broadcast Notices to Mariners of the enforcement period for the
regulated area as well as any changes in the planned schedule.
Dated: March 12, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-05461 Filed 3-16-18; 8:45 am]
BILLING CODE 9110-04-P
