Safety Zone; Mississippi Canyon Block 20, South of New Orleans, LA, Gulf of Mexico, 62251-62253 [2018-26147]
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
through our Local and Broadcast Notice
to Mariners of the change in operating
schedule for the bridge so that vessel
operators can arrange their transits to
minimize any impact caused by this
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of this effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: November 27, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2018–26112 Filed 11–30–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1062]
RIN 1625–AA08
Safety Zone; Mississippi Canyon Block
20, South of New Orleans, LA, Gulf of
Mexico
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary moving safety
zone around the research vessel OCEAN
INTERVENTION II operating in the
Mississippi Canyon Block 20 in the Gulf
of Mexico. The safety zone encompasses
all navigable waters within a 500-yard
radius of the vessel. The safety zone is
needed to protect persons, vessels, and
the marine environment from hazards
associated with the vessel’s limited
maneuverability while it deploys
underwater equipment and conducts
research activity. Persons and vessels
are prohibited from entering or
remaining in this zone unless
specifically authorized by the Captain of
the Port Sector New Orleans or a
designated representative.
DATES: This rule is effective without
actual notice from December 3, 2018
through 8 p.m. on December 4, 2018.
For the purposes of enforcement, actual
notice will be used from 6 a.m. on
December 2, 2018 through December 3,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1062 in the ‘‘SEARCH’’ box and click
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SUMMARY:
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16:14 Nov 30, 2018
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‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Lieutenant Commander
Benjamin Morgan, Sector New Orleans,
U.S. Coast Guard; telephone 504–365–
2281, email Benjamin.P.Morgan@
uscg.mil.
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
MM Mile marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
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 December 2, 2018 and
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
necessary to respond to potential
hazards associated with sub-surface
research operations.
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 a temporary
moving safety zone is necessary to
provide for the safety of persons,
vessels, and the marine environment
during sub-surface research operations
in the vicinity of the Mississippi
Canyon Block 20. Potential hazards
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62251
include the risk of injury or pollution if
normal vessel traffic were to interfere
with the vessel’s movement or deployed
equipment. The survey activities are
scheduled to take place from 6 a.m. on
December 2, 2018 through 8 p.m. on
December 4, 2018, in the navigable
waters of the Mississippi Canyon Block
20, South of New Orleans, LA, in the
Gulf of Mexico. This rule is needed to
protect persons, vessels, and the marine
environment from hazards associated
with the vessel’s limited
maneuverability while it deploys
underwater equipment and conducts
research activity.
IV. Discussion of the Rule
This rule establishes a temporary
moving safety zone from 6 a.m. on
December 2, 2018 through 8 p.m. on
December 4, 2018. The safety zone will
cover all navigable waters within 500
yards of the vessel OCEAN
INTERVENTION II and equipment being
used by personnel to conduct subsurface research in Mississippi Canyon
Block 20, South of New Orleans, LA, in
the Gulf of Mexico. The duration of the
zone is intended to protect persons,
vessels, and the marine environment on
these navigable waters while research is
being conducted. No vessel or person
will be permitted to enter or remain the
safety zone without obtaining
permission from the COTP or a
designated representative. 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 by telephone at (504) 365–
2200. Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
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 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
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Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
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alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone. This
safety zone will restrict vessel traffic
from entering or remaining within a 500
yard area around a research vessel for
approximately three days. Vessels can
safely transit around the zone, which
impacts a small area of the Gulf of
Mexico. 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
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16:14 Nov 30, 2018
Jkt 247001
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.
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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 lasting 3 days that will prohibit
entry within 500 yards of the research
vessel being used for sub-surface
research. 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 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:
■
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.T08–1062 to read as
follows:
■
§ 165.T08–1062 Safety Zone; Mississippi
Canyon Block 20, South of New Orleans,
LA, Gulf of Mexico.
(a) Location. The following area is a
safety zone: All navigable waters within
a 500 yard radius around the research
vessel OCEAN INTERVENTION II in
Mississippi Canyon Block 20, South of
New Orleans, LA, in the Gulf of Mexico.
(b) Effective period. This section is
effective from 6 a.m. on December 2,
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2018 through 8 p.m. on December 4,
2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into or remaining within
this zone is prohibited unless
authorized by the Captain of the Port
Sector New Orleans (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector New
Orleans.
(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 by
telephone at (504) 365–2200.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public 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: November 27, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2018–26147 Filed 11–30–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2018–1002]
RIN 1625–AA00
Safety Zone; Arthur Kill and Old Place
Creek, Elizabeth, NJ and Staten Island,
NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 500-yard
radius of the old Goethals Bridge Pier C
on the Staten Island, NY side of the
Federal navigation channel. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by
underwater explosives demolition of
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SUMMARY:
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New York and
New Jersey
DHS Department of Homeland Security
FR Federal Register
First District USCG First District Bridge
Administration
NPRM Notice of proposed rulemaking
PANYNJ Port Authority of NY and NJ
RNA Regulated Navigation Area
§ Section
TFR Temporary Final Rule
U.S.C. United States Code
II. Background Information and
Regulatory History
33 CFR Part 165
ACTION:
Pier C. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port New York and New Jersey or a
designated representative.
DATES: This rule is effective without
actual notice from December 3, 2018
through December 31, 2018. For the
purposes of enforcement, actual notice
will be used from November 11, 2018
through December 3, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1002 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 Mr. Craig Lapiejko, Waterways
Management, First Coast Guard District;
telephone (617) 223–8351, email
Craig.D.Lapiejko@uscg.mil. You may
also call or email Mr. Jeff Yunker,
Waterways Management Division, U.S.
Coast Guard Sector New York,
telephone (718) 354–4195, email
Jeff.M.Yunker@uscg.mil.
SUPPLEMENTARY INFORMATION:
Jkt 247001
On April 14, 2014 the Coast Guard
published a NPRM entitled ‘‘Regulated
Navigation Area; Arthur Kill, NY and
NJ’’ in the Federal Register (79 FR
20851) that would allow the Coast
Guard to enforce speed and wake
restrictions and prohibit vessel traffic
through the RNA during bridge
replacement operations on the Goethals
Bridge that could pose an imminent
hazard to persons and vessels operating
in the area. This proposed rule would
also allow the Coast Guard to enforce
navigation restrictions and prohibit
vessel traffic during drilling, blasting,
and dredging operations in support of
the U.S. Army Corps of Engineers
channel deepening project. Proposed
work included underwater explosives
demolition of the old Goethals Bridge
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62253
Pier C. We received one comment on
this proposed rule. It advocated
notifying mariners of waterway closures
at least forty eight hours in advance, and
that the closures remain in place only as
long as required for safety purposes. It
also recommended that the Coast Guard
work to institute a queue system or
other vessel movement scheme that
allowed vessels moving with a flood
tide to access the right of way in the
restricted portion of the Arthur Kill.
On January 7, 2015, the Coast Guard
published a TFR entitled ‘‘Regulated
Navigation Area; Arthur Kill, NY and
NJ’’ in the Federal Register (80 FR
00829) that allowed the Coast Guard to
enforce speed and wake restrictions and
prohibit vessel traffic through the RNA
during bridge replacement operations
on the Goethals Bridge that could pose
an imminent hazard to persons and
vessels operating in the area. This rule
also allowed the Coast Guard to enforce
navigation restrictions and prohibit
vessel traffic during drilling, blasting,
and dredging operations in support of
the U.S. Army Corps of Engineers
channel deepening project. The planned
work still included underwater
explosives demolition of the old
Goethals Bridge Pier C. The Coast Guard
said it would make every effort to notify
mariners forty eight hours before a
waterway closure, but that this may not
always be possible due to many
dynamic factors in the project. It also
said it will meet with various other
agencies to assess the need for a vessel
queue system and administer a queue
system if needed on a case by case basis
by Vessel Traffic Service New York.
This rule was in effect from January 7,
2015 until October 31, 2018.
On October 17, 2018 the PANYNJ
contractor’s project manager notified the
First District and Vessel Traffic Service
New York that the previously scheduled
underwater explosives demolition of the
old Goethals Bridge Pier C below mean
lower water had been delayed from late
October 2018 until Sunday, November
11, 2018 at approximately 10:20 a.m.
The contractor requested the Coast
Guard create a safety zone to prohibit
vessels and persons within a 500 yard
radius of old Goethals Bridge Pier C
from approximately 10 a.m. until 11:00
a.m. During this approximate 60-minute
window, no vessels or persons will be
authorized within the safety zone unless
authorized by the COTP New York and
New Jersey.
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
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]]>Agencies
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62251-62253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26147]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1062]
RIN 1625-AA08
Safety Zone; Mississippi Canyon Block 20, South of New Orleans,
LA, Gulf of Mexico
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the research vessel OCEAN INTERVENTION II operating in the
Mississippi Canyon Block 20 in the Gulf of Mexico. The safety zone
encompasses all navigable waters within a 500-yard radius of the
vessel. The safety zone is needed to protect persons, vessels, and the
marine environment from hazards associated with the vessel's limited
maneuverability while it deploys underwater equipment and conducts
research activity. Persons and vessels are prohibited from entering or
remaining in this zone unless specifically authorized by the Captain of
the Port Sector New Orleans or a designated representative.
DATES: This rule is effective without actual notice from December 3,
2018 through 8 p.m. on December 4, 2018. For the purposes of
enforcement, actual notice will be used from 6 a.m. on December 2, 2018
through December 3, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1062 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 about this rule,
call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans,
U.S. Coast Guard; telephone 504-365-2281, 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
MM Mile marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(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 December 2, 2018 and lack sufficient time
to provide a reasonable comment period and then consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is necessary to respond to potential hazards associated with
sub-surface research operations.
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 a temporary moving safety zone is necessary to provide for the
safety of persons, vessels, and the marine environment during sub-
surface research operations in the vicinity of the Mississippi Canyon
Block 20. Potential hazards include the risk of injury or pollution if
normal vessel traffic were to interfere with the vessel's movement or
deployed equipment. The survey activities are scheduled to take place
from 6 a.m. on December 2, 2018 through 8 p.m. on December 4, 2018, in
the navigable waters of the Mississippi Canyon Block 20, South of New
Orleans, LA, in the Gulf of Mexico. This rule is needed to protect
persons, vessels, and the marine environment from hazards associated
with the vessel's limited maneuverability while it deploys underwater
equipment and conducts research activity.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone from 6 a.m. on
December 2, 2018 through 8 p.m. on December 4, 2018. The safety zone
will cover all navigable waters within 500 yards of the vessel OCEAN
INTERVENTION II and equipment being used by personnel to conduct sub-
surface research in Mississippi Canyon Block 20, South of New Orleans,
LA, in the Gulf of Mexico. The duration of the zone is intended to
protect persons, vessels, and the marine environment on these navigable
waters while research is being conducted. No vessel or person will be
permitted to enter or remain the safety zone without obtaining
permission from the COTP or a designated representative. 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 by telephone at (504) 365-2200. Persons and vessels
permitted to enter this safety zone must transit at their slowest safe
speed and comply with all lawful directions issued by the COTP or the
designated representative. 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 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory
[[Page 62252]]
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. Executive Order 13771 directs
agencies to control regulatory costs through a budgeting process. This
rule has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, this rule has not been reviewed by
the Office of Management and Budget (OMB), and pursuant to OMB guidance
it is exempt from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This safety
zone will restrict vessel traffic from entering or remaining within a
500 yard area around a research vessel for approximately three days.
Vessels can safely transit around the zone, which impacts a small area
of the Gulf of Mexico. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal 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 lasting 3 days that will prohibit entry within 500 yards
of the research vessel being used for sub-surface research. 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
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. 165.T08-1062 to read as follows:
Sec. 165.T08-1062 Safety Zone; Mississippi Canyon Block 20, South of
New Orleans, LA, Gulf of Mexico.
(a) Location. The following area is a safety zone: All navigable
waters within a 500 yard radius around the research vessel OCEAN
INTERVENTION II in Mississippi Canyon Block 20, South of New Orleans,
LA, in the Gulf of Mexico.
(b) Effective period. This section is effective from 6 a.m. on
December 2,
[[Page 62253]]
2018 through 8 p.m. on December 4, 2018.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or remaining within this zone is
prohibited unless authorized by the Captain of the Port Sector New
Orleans (COTP) or designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector New Orleans.
(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 by telephone at (504) 365-2200.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public 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: November 27, 2018.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2018-26147 Filed 11-30-18; 8:45 am]
BILLING CODE 9110-04-P
