Safety Zone; Lower Mississippi River, Port Gibson, MS, 13185-13187 [2018-06213]
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations
(5) Taxable years beginning before
January 1, 2012. See § 1.41–6 as
contained in 26 CFR part 1, revised
April 1, 2014.
§ 1.41–6T
[Removed]
Par. 3. Section 1.41–6T is removed.
■ Par. 4. Section 1.45G–1 is amended by
revising paragraphs (f)(4) and (5) and
(g)(4) and (5) to read as follows:
■
§ 1.45G–1
credit.
Railroad track maintenance
*
*
*
*
*
(f) * * *
(4) Allocation of the group credit. The
group credit is allocated to each member
of the controlled group on a
proportionate basis to its share of the
aggregate of the QRTMEs taken into
account for the taxable year by such
controlled group for purposes of the
credit.
(5) Special rules for consolidated
groups—(i) In general. For purposes of
applying paragraph (f)(4) of this section,
members of a consolidated group who
are members of a controlled group are
treated as a single member of the
controlled group.
(ii) Special rule for allocation of group
credit among consolidated group
members. The portion of the group
credit that is allocated to a consolidated
group is allocated to each member of the
consolidated group on a proportionate
basis to its share of the aggregate of the
QRTMEs taken into account for the
taxable year by such consolidated group
for purposes of the credit.
*
*
*
*
*
(g) * * *
(4) Taxable years beginning after
December 31, 2011. Paragraphs (f)(4)
and (5) and (g)(4) and (5) of this section
apply to taxable years beginning on or
after April 2, 2018. For taxable years
ending before April 2, 2018, see
§ 1.45G–1T as contained in 26 CFR part
1, as revised April 1, 2017.
(5) Taxable years beginning before
January 1, 2012. See § 1.45–1 as
contained in 26 CFR part 1, revised
April 1, 2014.
§ 1.45G–1T
controlled group of corporations (within the
meaning of section 41(f)(5)). A, B, and C each
attach a statement to the 2012 Form 6765,
‘‘Credit for Increasing Research Activities,’’
showing A and C were the only members of
the controlled group to have qualified
research expenses when calculating the
group credit. A and C report their allocated
portions of the group credit on the 2012 Form
6765 and B reports no research credit on
Form 6765. Pursuant to paragraph (a) of this
section, A and B, but not C, each make an
election for the reduced credit under section
280C(c)(3)(B) on the 2012 Form 6765. In
December 2013, B determines it had qualified
research expenses in 2012 resulting in an
increased group credit. On an amended 2012
Form 6765, A, B, and C each report their
allocated portions of the group credit. B
reports its credit as a regular credit under
section 41(a) and reduces the credit under
section 280C(c)(3)(B). C may not reduce its
credit under section 280C(c)(3)(B) because C
did not make an election for the reduced
credit with its original return.
(c) * * *
(2) Taxable years beginning after
December 31, 2011. Paragraphs (b)(2)
and (c)(2) and (3) of this section apply
to taxable years beginning on or after
April 2, 2018. For taxable years ending
before April 2, 2018, see § 1.280C–4T as
contained in 26 CFR part 1, as revised
April 1, 2017.
(3) For taxable years ending before
January 1, 2012. See § 1.280C–4 as
contained in 26 CFR part 1, revised
April 1, 2014.
§ 1.280C–4T
■
[Removed]
Par. 7. Section 1.280C–4T is removed.
Par. 5. Section 1.45G–1T is removed.
Par. 6. Section 1.280C–4 is amended
by revising paragraphs (b)(2) and (c)(2)
and (3) to read as follows:
■
daltland on DSKBBV9HB2PROD with RULES
*
Credit for increasing research
*
*
(b) * * *
*
*
[FR Doc. 2018–06241 Filed 3–27–18; 8:45 am]
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 and contrary to the public
interest. Increasing high water in this
area requires immediate action to
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
VerDate Sep<11>2014
[Docket Number USCG–2018–0229]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Port Gibson, MS
Coast Guard, DHS.
Temporary final rule.
AGENCY:
(2) Example. The following example
illustrates an application of paragraph (b) of
this section: A, B, and C, all of which are
calendar year taxpayers, are members of a
16:22 Mar 27, 2018
Jkt 244001
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
■
§ 1.280C–4
activities.
safety zone for all navigable waters of
the Lower Mississippi River, extending
the entire width of the river, from mile
marker (MM) 405 to MM 408. This
emergency safety zone is necessary to
protect persons, property, and
infrastructure from potential damage
and safety hazards associated with
vessels transiting this area during high
water. This rule prohibits persons and
vessels from entering the safety zone
area unless specifically authorized by
the Captain of the Port Sector Lower
Mississippi River (COTP) or a
designated representative.
DATES: This rule is effective without
actual notice from March 28, 2018
through 7 p.m. on March 31, 2018. For
the purposes of enforcement, actual
notice will be used from 10 a.m. on
March 13, 2018 through March 28, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0229 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 Todd Manow, Sector
Lower Mississippi River Prevention
Department, U.S. Coast Guard;
telephone 901–521–4813, email
Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION:
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
Approved: March 7, 2018.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
Coast Guard
[Removed]
13185
ACTION:
The Coast Guard is
establishing an emergency temporary
SUMMARY:
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations
enforcement of this safety zone before
March 31, 2018 if the high water event
ceases. Entry into this safety zone is
prohibited unless specifically
authorized by 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
Lower Mississippi River.
Requests for entry will be considered
and reviewed on a case-by-case basis.
The COTP may be contacted by
telephone at 1–866–777–2784 or can be
reached by VHF–FM channel 16.
Persons and vessels permitted to transit
this safety zone shall not meet, pass, or
overtake any vessel currently transiting,
shall maintain slowest speed for safe
navigation, and shall comply with all
lawful directions issued by the COTP or
the designated representative.
This safety zone may include closures
and/or navigation restrictions and
requirements that are vital to
maintaining safe navigation on the
Lower Mississippi River during the high
water. The COTP or a designated
representative will inform the public
through broadcast notices to mariners of
any changes in the restrictions or the
enforcement period for the safety zone.
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 Lower
Mississippi River (COTP) has
determined that there are potential
hazards associated with increasing high
water, including possible emergency
operations to repair damage to power
distribution infrastructure taking place
on the left descending bank of the
Lower Mississippi River between MM
405 and 408 in the vicinity of the
Entergy Grand Gulf Nuclear Power
Facility, in Port Gibson, MS. Loss of the
power distribution lines system would
be catastrophic to large areas of
Louisiana and Mississippi. This rule is
needed to protect persons, property, and
infrastructure from potential damage
and safety hazards associated with
vessels transiting this safety zone during
high water.
daltland on DSKBBV9HB2PROD with RULES
protect persons, property and power
plant infrastructure from the potential
safety hazards associated with vessels
transiting this area during high water.
This safety zone must be established
immediately to protect people and
vessels associated with and resulting
from the high water and we lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
This safety zone may include closures
and/or navigation restrictions and
requirements that are vital to
maintaining safe navigation on the
Lower Mississippi River during the high
water. Therefore, delaying the effective
date for this emergency safety zone to
complete the NPRM process would also
be contrary to the public interest as it
would delay the safety measures vital to
safe navigation.
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 protect personnel, vessels,
and the marine environment from
potential hazards created by the
increasing high water.
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.
IV. Discussion of the Rule
The Coast Guard is establishing a
temporary safety zone for all navigable
waters of the Lower Mississippi River,
extending the entire width of the river,
from mile marker (MM) 405 to MM 408.
Transit into and through this area is
prohibited for all traffic beginning at 10
a.m. on March 13, 2018 and will
continue through 7 p.m. on March 31,
2018. The COTP will terminate the
VerDate Sep<11>2014
16:22 Mar 27, 2018
Jkt 244001
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, and
duration of the safety zone. This
emergency safety zone will restrict
vessel traffic from entering or transiting
through a three-mile section of the
navigable waterways of the Lower
Mississippi River from mile marker
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(MM) 405 to MM 408, in the vicinity of
Port Gibson, MS, from 10 a.m. on March
13, 2018 through 7 p.m. on March 31,
2018. 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).
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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations
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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
daltland on DSKBBV9HB2PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves an
emergency safety zone lasting
approximately nineteen days that will
prohibit entry into a three-mile stretch
of the Lower Mississippi River during a
hazardous high-water event. It is
categorically excluded from further
review under paragraph L60(d) of
VerDate Sep<11>2014
16:22 Mar 27, 2018
Jkt 244001
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
(REC) supporting this determination
will be made available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
13187
safety zone, contact the COTP or the
COTP’s representative by telephone at
1–866–777–2784 or on VHF–FM
channel 16.
(3) Persons and vessels permitted to
enter this safety zone shall not meet,
pass, or overtake any vessel currently
transiting, shall maintain slowest speed
for safe navigation, and shall comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Informational Broadcasts. This
safety zone may include closures and/or
navigation restrictions and requirements
that are vital to maintaining safe
navigation on this section of the Lower
Mississippi River during the high water.
The COTP or a designated
representative will inform the public
through broadcast notices to mariners of
any changes in the enforcement period
for the safety zone.
Dated: March 12, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2018–06213 Filed 3–27–18; 8:45 am]
BILLING CODE 9110–04–P
■
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.T08–0229 to read as
follows:
■
§ 165.T08–0229 Safety Zone; Lower
Mississippi River; Port Gibson, MS.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River, extending the
entire width of the river, from mile
marker (MM) 405 to MM 408, in the
vicinity of Port Gibson, MS.
(b) Period of enforcement. This
section will be enforced from 10 a.m. on
March 13, 2018 and will continue
through 7 p.m. on March 31, 2018, or
until the high-water event ceases,
whichever occurs first.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23,
entry of vessels or persons into this zone
is prohibited unless specifically
authorized by the Captain of the Port
Sector Lower Mississippi River (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 Lower Mississippi River.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0086]
RIN 1625–AA00
Safety Zone; Pensacola Bay,
Pensacola, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters on Pensacola Bay
within 100 yards of each vessel
participating in the Tall Ships Pensacola
marine event and parade in Pensacola,
FL and within 100 yards of the Port of
Pensacola for the duration of the marine
event and parade. This rule is necessary
to provide for the safety of life and
property on these navigable waters
during the Tall Ships Pensacola marine
event. This rule will prohibit persons
and vessels from entering the safety
zone unless specifically authorized by
the Captain of the Port Sector Mobile
(COTP) or a designated representative.
DATES: This rule is effective from 8 a.m.
on April 12, 2018 through 8 p.m. on
April 15, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13185-13187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06213]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0229]
RIN 1625-AA00
Safety Zone; Lower Mississippi River, Port Gibson, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing an emergency temporary safety
zone for all navigable waters of the Lower Mississippi River, extending
the entire width of the river, from mile marker (MM) 405 to MM 408.
This emergency safety zone is necessary to protect persons, property,
and infrastructure from potential damage and safety hazards associated
with vessels transiting this area during high water. This rule
prohibits persons and vessels from entering the safety zone area unless
specifically authorized by the Captain of the Port Sector Lower
Mississippi River (COTP) or a designated representative.
DATES: This rule is effective without actual notice from March 28, 2018
through 7 p.m. on March 31, 2018. For the purposes of enforcement,
actual notice will be used from 10 a.m. on March 13, 2018 through March
28, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0229 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 Todd Manow, Sector Lower Mississippi River
Prevention Department, U.S. Coast Guard; telephone 901-521-4813, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. Increasing high water in this area requires
immediate action to
[[Page 13186]]
protect persons, property and power plant infrastructure from the
potential safety hazards associated with vessels transiting this area
during high water. This safety zone must be established immediately to
protect people and vessels associated with and resulting from the high
water and we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule. This
safety zone may include closures and/or navigation restrictions and
requirements that are vital to maintaining safe navigation on the Lower
Mississippi River during the high water. Therefore, delaying the
effective date for this emergency safety zone to complete the NPRM
process would also be contrary to the public interest as it would delay
the safety measures vital to safe navigation.
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
protect personnel, vessels, and the marine environment from potential
hazards created by the increasing high water.
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 Lower Mississippi River (COTP) has
determined that there are potential hazards associated with increasing
high water, including possible emergency operations to repair damage to
power distribution infrastructure taking place on the left descending
bank of the Lower Mississippi River between MM 405 and 408 in the
vicinity of the Entergy Grand Gulf Nuclear Power Facility, in Port
Gibson, MS. Loss of the power distribution lines system would be
catastrophic to large areas of Louisiana and Mississippi. This rule is
needed to protect persons, property, and infrastructure from potential
damage and safety hazards associated with vessels transiting this
safety zone during high water.
IV. Discussion of the Rule
The Coast Guard is establishing a temporary safety zone for all
navigable waters of the Lower Mississippi River, extending the entire
width of the river, from mile marker (MM) 405 to MM 408. Transit into
and through this area is prohibited for all traffic beginning at 10
a.m. on March 13, 2018 and will continue through 7 p.m. on March 31,
2018. The COTP will terminate the enforcement of this safety zone
before March 31, 2018 if the high water event ceases. Entry into this
safety zone is prohibited unless specifically authorized by 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 Lower
Mississippi River.
Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 1-866-777-2784 or
can be reached by VHF-FM channel 16. Persons and vessels permitted to
transit this safety zone shall not meet, pass, or overtake any vessel
currently transiting, shall maintain slowest speed for safe navigation,
and shall comply with all lawful directions issued by the COTP or the
designated representative.
This safety zone may include closures and/or navigation
restrictions and requirements that are vital to maintaining safe
navigation on the Lower Mississippi River during the high water. The
COTP or a designated representative will inform the public through
broadcast notices to mariners of any changes in the restrictions or the
enforcement period for the safety zone.
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, and duration of the safety zone. This emergency safety zone
will restrict vessel traffic from entering or transiting through a
three-mile section of the navigable waterways of the Lower Mississippi
River from mile marker (MM) 405 to MM 408, in the vicinity of Port
Gibson, MS, from 10 a.m. on March 13, 2018 through 7 p.m. on March 31,
2018. 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).
[[Page 13187]]
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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves an emergency safety zone lasting approximately nineteen
days that will prohibit entry into a three-mile stretch of the Lower
Mississippi River during a hazardous high-water event. It is
categorically excluded from further review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration (REC) supporting this
determination will be made available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. [thinsp]165.T08-0229 to read as follows:
Sec. [thinsp]165.T08-0229 Safety Zone; Lower Mississippi River; Port
Gibson, MS.
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River, extending the entire width of
the river, from mile marker (MM) 405 to MM 408, in the vicinity of Port
Gibson, MS.
(b) Period of enforcement. This section will be enforced from 10
a.m. on March 13, 2018 and will continue through 7 p.m. on March 31,
2018, or until the high-water event ceases, whichever occurs first.
(c) Regulations. (1) In accordance with the general regulations in
Sec. [thinsp]165.23, entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector Lower Mississippi River (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 Lower Mississippi River.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at 1-866-777-2784 or on VHF-FM channel 16.
(3) Persons and vessels permitted to enter this safety zone shall
not meet, pass, or overtake any vessel currently transiting, shall
maintain slowest speed for safe navigation, and shall comply with all
lawful directions issued by the COTP or the designated representative.
(d) Informational Broadcasts. This safety zone may include closures
and/or navigation restrictions and requirements that are vital to
maintaining safe navigation on this section of the Lower Mississippi
River during the high water. The COTP or a designated representative
will inform the public through broadcast notices to mariners of any
changes in the enforcement period for the safety zone.
Dated: March 12, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2018-06213 Filed 3-27-18; 8:45 am]
BILLING CODE 9110-04-P
