Safety Zone; Lower Mississippi River, Mile Markers 230.4 to 215, Baton Rouge, LA, 42776-42778 [2018-18390]

Download as PDF 42776 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations that section to exercise all of the power and authority vested in the Attorney General under Section 4102 of title 18, U.S. Code, which has not been delegated to the Director of the Bureau of Prisons, including specifically the authority to find the transfer of offenders to or from a foreign country under a treaty as referred to in Public Law 95–44 appropriate or inappropriate, is hereby re-delegated to the Deputy Assistant Attorneys General for the Criminal Division and to the Director, Deputy Directors, and the Associate Director supervising the International Prisoner Transfer Unit of the Office of International Affairs. Dated: August 15, 2018. Brian A. Benczkowski, Assistant Attorney General, Criminal Division. [FR Doc. 2018–17949 Filed 8–23–18; 8:45 am] BILLING CODE 4410–14–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0744] RIN 1625–AA00 Safety Zone; Lower Mississippi River, Mile Markers 230.4 to 215, Baton Rouge, LA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters of the Lower Mississippi River from mile marker (MM) 230.4 to MM 215, above Head of Passes. This safety zone is necessary to protect persons, vessels, and the marine environment from potential safety hazards associated with the Big River Regional 2018 Paddle Board Race. Entry of persons or vessels into this safety zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans or a designated representative. SUMMARY: This rule is effective from 7:30 a.m. through noon on September 1, 2018. I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector New Orleans DHS Department of Homeland Security FR Federal Register 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 to the public interest.’’ Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish this safety zone by September 1, 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 safety zone until after the date of the paddle board race and compromise public safety. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and vessels during the event because immediate action is necessary to respond to the potential safety hazards associated with the paddle board race. DATES: III. Legal Authority and Need for Rule To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2018– 0744 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 Justin Maio, Marine The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Sector New Orleans (COTP) has determined that potential hazards associated with the paddle board race occurring over a fifteen and half mile stretch of the Lower Mississippi River will be a safety concern. The purpose of this rule is to ensure the safety of life and vessels on the navigable waters in the safety zone before, during, and after the scheduled event. ADDRESSES: sradovich on DSK3GMQ082PROD with RULES Safety Unit Baton Rouge, U.S. Coast Guard; telephone 225–298–5400, ext. 230, email Justin.P.Maio@uscg.mil. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 IV. Discussion of the Rule This rule establishes a temporary safety zone from 7:30 a.m. through noon on September 1, 2018. The safety zone will cover all navigable waters of the Lower Mississippi River from MM 230.4 to MM 215, above Head of Passes. The duration of the zone is intended to ensure the safety of persons, vessels, and the marine environment on these navigable waters before, during, and after the scheduled paddle board race. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector New Orleans. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF–FM (156.8 MHz) by the call sign ‘‘PATCOM’’. Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67, or through USCG Marine Safety Unit Baton Rouge at 225–281– 4789. All persons and vessels permitted to enter this safety zone must transit at the slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as appropriate. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 13563 (‘‘Improving Regulation and Regulatory Review’’) and 12866 (‘‘Regulatory Planning and Review’’) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety E:\FR\FM\24AUR1.SGM 24AUR1 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’) directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ The Office of Management and Budget (OMB) has not designated this rule a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB’s Memorandum ‘‘Guidance Implementing Executive Order 13771, Titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (April 5, 2017). This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. The safety zone will prohibit entry on a fifteen and a half miles stretch of the Lower Mississippi River for four and a half hours on one morning. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone, and the rule allows vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the temporary safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 42777 their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone that will prohibit entry on a fifteen and a half mile stretch of the Lower Mississippi River for four and a half hours on one morning. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the 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.T08–0744 to read as follows: ■ E:\FR\FM\24AUR1.SGM 24AUR1 42778 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations § 165.T08–0744 Safety Zone; Lower Mississippi River, Mile Markers 230.4 to 215, Baton Rouge, LA. DEPARTMENT OF HOMELAND SECURITY (a) Location. The following area is a safety zone: All navigable waters of the Lower Mississippi River from mile markers (MM) 230.4 to MM 215 above Head of Passes, Baton Rouge, LA. (b) Effective period. This section is effective from 07:30 a.m. through noon on September 1, 2018. (c) Regulations. (1) Under the general safety zone regulations in § 165.23, entry into this zone is prohibited unless authorized by the Captain of the Port Sector New Orleans (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 New Orleans. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF–FM (156.8 MHz) by the call sign ‘‘PATCOM’’. (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM Channel 16 or 67, or through the Marine Safety Unit Baton Rouge Officer of the Day at 225–281– 4789. (3) All persons and vessels permitted to enter this safety zone must transit at the 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 of the enforcement times and date for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as appropriate. Coast Guard Dated: August 17, 2018. Kristi M. Luttrell, Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans. [FR Doc. 2018–18390 Filed 8–23–18; 8:45 am] sradovich on DSK3GMQ082PROD with RULES BILLING CODE 9110–04–P 33 CFR Part 165 [Docket Number USCG–2018–0700] RIN 1625–AA87 Security Zone; Ohio River, Olmsted, IL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary security zone for the navigable waters within a half mile radius of Olmsted Lock and Dam located at mile marker 964.5 on the Ohio River. The security zone is needed to protect dignitaries, vessels, and waterfront facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature during a dignitary visit. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Ohio Valley or a designated representative. DATES: This rule is effective from 6 a.m. through 5 p.m. on August 30, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2018– 0700 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 Chief Petty Officer, Gary Heflin, Marine Safety Unit Paducah Waterways Management, U.S. Coast Guard; telephone 270–442–1621, email MSUPaducah-WWM@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 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 VerDate Sep<11>2014 00:53 Aug 24, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable and contrary to the public interest. It is impracticable because we must establish this security zone by August 30, 2018 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. The Coast Guard received minimal notice regarding the dignitary visit, which is customary for security purposes. The Coast Guard has determined that the security zone is needed to protect the visiting dignitaries, persons, and property. Providing notice would be contrary to the public interest as it would delay establishment of the security zone until after the dignitary visit and jeopardize the safety of the dignitaries, vessels, and waterfront facilities. 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 because it is contrary to the public interest. Immediate action is needed to provide waterside security and protection for the dignitary visit. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Sector Ohio Valley (COTP) has determined that potential hazards associated with a dignitary visit on August 30, 2018, will be a security concern for the dignitaries, vessels, and waterfront facilities on the Ohio River near the Olmsted Lock and Dam. This rule is needed to protect the dignitaries, vessels, and waterfront facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature during the dignitary visit. IV. Discussion of the Rule This rule establishes a temporary security zone from 6 a.m. through 5 p.m. on August 30, 2018. The security zone will cover all navigable waters within a half mile of Olmsted Lock and Dam, located at mile marker 964.5 on the Ohio River in Olmsted, IL. The duration of the security zone is intended to cover the period of the dignitary visit. Entry of vessels or persons into this zone is prohibited unless granted permission by the COTP or a designated representative. A designated representative is a commissioned, E:\FR\FM\24AUR1.SGM 24AUR1

Agencies

[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42776-42778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18390]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0744]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Mile Markers 230.4 to 215, 
Baton Rouge, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Lower Mississippi River from mile marker 
(MM) 230.4 to MM 215, above Head of Passes. This safety zone is 
necessary to protect persons, vessels, and the marine environment from 
potential safety hazards associated with the Big River Regional 2018 
Paddle Board Race. Entry of persons or vessels into this safety zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector New Orleans or a designated representative.

DATES: This rule is effective from 7:30 a.m. through noon on September 
1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0744 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 Justin Maio, Marine Safety Unit Baton Rouge, 
U.S. Coast Guard; telephone 225-298-5400, ext. 230, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable. We must 
establish this safety zone by September 1, 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 safety zone until after the date of the paddle 
board race and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during the event because immediate action is necessary to 
respond to the potential safety hazards associated with the paddle 
board race.

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 New Orleans (COTP) has determined 
that potential hazards associated with the paddle board race occurring 
over a fifteen and half mile stretch of the Lower Mississippi River 
will be a safety concern. The purpose of this rule is to ensure the 
safety of life and vessels on the navigable waters in the safety zone 
before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 7:30 a.m. 
through noon on September 1, 2018. The safety zone will cover all 
navigable waters of the Lower Mississippi River from MM 230.4 to MM 
215, above Head of Passes. The duration of the zone is intended to 
ensure the safety of persons, vessels, and the marine environment on 
these navigable waters before, during, and after the scheduled paddle 
board race.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector New Orleans. A designated 
representative may be a Patrol Commander (PATCOM). The PATCOM may be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM 
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''. Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67, or through USCG Marine Safety 
Unit Baton Rouge at 225-281-4789. All persons and vessels permitted to 
enter this safety zone must transit at the slowest safe speed and 
comply with all lawful directions issued by the COTP or the designated 
representative. The COTP or a designated representative will inform the 
public of the enforcement times and date for this safety zone through 
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), 
and/or Marine Safety Information Bulletins (MSIBs), as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 13563 (``Improving Regulation and Regulatory 
Review'') and 12866 (``Regulatory Planning and Review'') direct 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety

[[Page 42777]]

effects, distributive impacts, and equity). Executive Order 13563 
emphasizes the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. 
Executive Order 13771 (``Reducing Regulation and Controlling Regulatory 
Costs'') directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. As this 
rule is not a significant regulatory action, this rule is exempt from 
the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. The safety zone 
will prohibit entry on a fifteen and a half miles stretch of the Lower 
Mississippi River for four and a half hours on one morning. Moreover, 
the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone that will prohibit entry on a fifteen and a half mile 
stretch of the Lower Mississippi River for four and a half hours on one 
morning. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the 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.T08-0744 to read as follows:

[[Page 42778]]

Sec.  165.T08-0744  Safety Zone; Lower Mississippi River, Mile Markers 
230.4 to 215, Baton Rouge, LA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Lower Mississippi River from mile markers (MM) 230.4 to 
MM 215 above Head of Passes, Baton Rouge, LA.
    (b) Effective period. This section is effective from 07:30 a.m. 
through noon on September 1, 2018.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port Sector New Orleans (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 New Orleans. A designated 
representative may be a Patrol Commander (PATCOM). The PATCOM may be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM 
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or 67, or through the Marine Safety Unit 
Baton Rouge Officer of the Day at 225-281-4789.
    (3) All persons and vessels permitted to enter this safety zone 
must transit at the 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 of the enforcement times and date 
for this safety zone through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs), as appropriate.

    Dated: August 17, 2018.
Kristi M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-18390 Filed 8-23-18; 8:45 am]
 BILLING CODE 9110-04-P