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