Safety Zone; Containment Installation, South of New Orleans, LA, Gulf of Mexico, 969-971 [2019-00511]
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations
members of such Reserve components
who may be temporarily residing in
sovereign foreign nations. This part is
internal, has not been updated since
1979, and is obsolete. Current internal
procedures will continue to be
maintained and updated in a DoD
issuance.
DATES: This rule is effective on February
1, 2019.
FOR FURTHER INFORMATION CONTACT:
Colonel David Feeley, (703) 693–2195 or
david.c.feeley.mil@mail.mil.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
based on removing DoD internal
policies and procedures that are
publicly available on the Department’s
issuance website. DoD Instruction
1215.13, ‘‘Ready Reserve Member
Participation Policy,’’ most recently
updated in 2015, is the governing DoD
policy (available at: https://
www.esd.whs.mil/Portals/54/
Documents/DD/issuances/dodi/
121513p.pdf).
Because this rule is not significant
under Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’ the
requirements of E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs,’’ do not apply.
List of Subjects in 32 CFR Part 101
Armed forces reserves.
policy regarding Retroactive Stop Loss
Special Pay Compensation, a program
which was terminated on October 21,
2012. In accordance with law, this rule
was issued to provide for Retroactive
Stop Loss Special Pay. The last day for
submission of claims to the Secretaries
of the Military Departments was October
21, 2012. Following that date, the
Secretaries concerned are not
authorized to make payments.
DATES: This rule is effective on February
1, 2019.
FOR FURTHER INFORMATION CONTACT:
Colonel David Feeley, (703) 693–2195 or
david.c.feeley.mil@mail.mil.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
based on removing obsolete DoD
policies.
This rule is not significant under
Executive Order (EO) 12866,
‘‘Regulatory Planning and Review’’;
therefore, the requirements of E.O.
13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs,’’ do not
apply.
List of Subjects in 32 CFR Part 279
Armed forces, Claims, Reporting and
recordkeeping requirements, Wages.
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 101 is removed.
■
Dated: January 28, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 279 is removed.
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
Dated: January 28, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
BILLING CODE 5001–06–P
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 5001–06–P
Coast Guard
DEPARTMENT OF DEFENSE
33 CFR Part 165
Office of the Secretary
[Docket Number USCG–2019–0030]
32 CFR Part 279
RIN 1625–AA00
[Docket ID: DOD–2018–OS–0071]
Safety Zone; Containment Installation,
South of New Orleans, LA, Gulf of
Mexico
RIN 0790–AK39
Retroactive Stop Loss Special Pay
Compensation
ACTION:
Jkt 247001
The Coast Guard is
establishing a temporary moving safety
zone around the vessels OCEAN
PATRIOT and ROSS CANDIES
SUMMARY:
This final rule removes DoD’s
regulation which contains obsolete DoD
16:07 Jan 31, 2019
Coast Guard, DHS.
Temporary final rule.
AGENCY:
Under Secretary of Defense
(Personnel and Readiness), DoD.
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
[FR Doc. 2019–00486 Filed 1–31–19; 8:45 am]
[FR Doc. 2019–00449 Filed 1–31–19; 8:45 am]
SUMMARY:
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
vessels. The safety zone is needed to
protect persons, vessels, and the marine
environment from hazards associated
with the vessels’ limited
maneuverability during installation of a
containment system. 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 from 6 a.m.
on February 14, 2019, through 8 p.m. on
March 14, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0030 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 Benjamin.P.Morgan@
uscg.mil.
PART 279—[REMOVED]
■
PART 101—[REMOVED]
969
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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 February 14, 2019, and
we lack sufficient time to provide a
reasonable comment period and then
E:\FR\FM\01FER1.SGM
01FER1
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations
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 the safety zone is
necessary to respond to potential
hazards associated with sub-surface
containment installation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. 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 containment
installation operations in the vicinity of
the Mississippi Canyon Block 20.
Potential hazards include risk of injury
or pollution if normal vessel traffic were
to interfere with the vessel’s movement
or deployed equipment. The
containment installations are scheduled
to take place from 6 a.m. on February
14, 2019, through 8 p.m. on March 14,
2019, 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
vessels’ limited maneuverability during
deployment of underwater equipment
and containment installation.
IV. Discussion of the Rule
This rule establishes a temporary
moving safety zone from 6 a.m. on
February 14, 2019 through 8 p.m. on
March 14, 2019. The safety zone will
cover all navigable waters within 500
yards of the vessels, OCEAN PATRIOT
and ROSS CANDIES, and equipment
being used by personnel to conduct subsurface containment installation 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 installation is being conducted.
No vessel or person will be permitted to
enter or remain in the safety zone
without obtaining permission from the
COTP or a designated representative.
The COTP or designated representative
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.
VerDate Sep<11>2014
16:07 Jan 31, 2019
Jkt 247001
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
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 vessels OCEAN
PATRIOT and ROSS CANDIES for
approximately thirty days while these
vessels conduct sub-surface
containment installation activities in
Mississippi Canyon Block 20. Other
vessels can safely transit around the
zone, which impacts a small area of the
Gulf of Mexico. Moreover, the Coast
Guard will issue BNMs 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
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Fmt 4700
Sfmt 4700
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,
E:\FR\FM\01FER1.SGM
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations
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 approximately 30 days that
will prohibit entry within 500 yards of
the vessels being used for sub-surface
containment installation. It is
categorically excluded from further
review under paragraph L(60)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:
VerDate Sep<11>2014
16:07 Jan 31, 2019
Jkt 247001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF EDUCATION
1. The authority citation for part 165
continues to read as follows:
[Docket ID ED–2019–OGC–0004]
■
Authority: 46 U.S.C. 70034; 46 U.S.C.
70051; 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.T08–0030 to read as
follows:
■
§ 165.T08–0030 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 vessels,
OCEAN PATRIOT and ROSS CANDIES,
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 February 14,
2019, through 8 p.m. on March 14, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, 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: January 28, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2019–00511 Filed 1–31–19; 8:45 am]
BILLING CODE 9110–04–P
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971
34 CFR Parts 36 and 668
RIN 1801–AA18
Adjustment of Civil Monetary Penalties
for Inflation
Department of Education.
Final regulations.
AGENCY:
ACTION:
The Department of Education
(Department) issues these final
regulations to adjust the Department’s
civil monetary penalties (CMPs) for
inflation. This adjustment is required by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (2015 Act), which amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Inflation
Adjustment Act). These final regulations
provide the 2019 annual inflation
adjustments being made to the penalty
amounts in the Department’s final
regulations published in the Federal
Register on January 16, 2018 (2018 final
rule).
DATES: These regulations are effective
February 1, 2019. The adjusted CMPs
established by these regulations are
applicable only to civil penalties
assessed after February 1, 2019 whose
associated violations occurred after
November 2, 2015.
FOR FURTHER INFORMATION CONTACT:
Levon Schlichter, U.S. Department of
Education, Office of the General
Counsel, 400 Maryland Avenue SW,
Room 6E235, Washington, DC 20202–
2241. Telephone: (202) 453–6387.
Email: levon.schlichter@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service, toll free, at 1–800–877–8339.
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or compact disc) on request
to the contact person listed in this
section.
SUPPLEMENTARY INFORMATION:
Background. A CMP is defined in the
Inflation Adjustment Act (28 U.S.C.
2461 note) as any penalty, fine, or other
sanction that is (1) for a specific
monetary amount as provided by
Federal law, or has a maximum amount
provided for by Federal law; (2)
assessed or enforced by an agency
pursuant to Federal law; and (3)
assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
The Inflation Adjustment Act
provides for the regular evaluation of
SUMMARY:
E:\FR\FM\01FER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Rules and Regulations]
[Pages 969-971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00511]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0030]
RIN 1625-AA00
Safety Zone; Containment Installation, 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 vessels OCEAN PATRIOT and ROSS CANDIES 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
vessels. The safety zone is needed to protect persons, vessels, and the
marine environment from hazards associated with the vessels' limited
maneuverability during installation of a containment system. 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 from 6 a.m. on February 14, 2019, through
8 p.m. on March 14, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0030 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
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
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 February 14, 2019, and we lack sufficient
time to provide a reasonable comment period and then
[[Page 970]]
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 the safety
zone is necessary to respond to potential hazards associated with sub-
surface containment installation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. 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 containment installation operations in the vicinity of the
Mississippi Canyon Block 20. Potential hazards include risk of injury
or pollution if normal vessel traffic were to interfere with the
vessel's movement or deployed equipment. The containment installations
are scheduled to take place from 6 a.m. on February 14, 2019, through 8
p.m. on March 14, 2019, 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 vessels' limited maneuverability
during deployment of underwater equipment and containment installation.
IV. Discussion of the Rule
This rule establishes a temporary moving safety zone from 6 a.m. on
February 14, 2019 through 8 p.m. on March 14, 2019. The safety zone
will cover all navigable waters within 500 yards of the vessels, OCEAN
PATRIOT and ROSS CANDIES, and equipment being used by personnel to
conduct sub-surface containment installation 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 installation is being
conducted. No vessel or person will be permitted to enter or remain in
the safety zone without obtaining permission from the COTP or a
designated representative. The COTP or designated representative 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 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 vessels OCEAN PATRIOT and ROSS CANDIES for
approximately thirty days while these vessels conduct sub-surface
containment installation activities in Mississippi Canyon Block 20.
Other vessels can safely transit around the zone, which impacts a small
area of the Gulf of Mexico. Moreover, the Coast Guard will issue BNMs
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,
[[Page 971]]
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 approximately 30 days that will prohibit entry
within 500 yards of the vessels being used for sub-surface containment
installation. It is categorically excluded from further review under
paragraph L(60)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: 46 U.S.C. 70034; 46 U.S.C. 70051; 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.T08-0030 to read as follows:
Sec. 165.T08-0030 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 vessels, OCEAN PATRIOT and
ROSS CANDIES, 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
February 14, 2019, through 8 p.m. on March 14, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, 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: January 28, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-00511 Filed 1-31-19; 8:45 am]
BILLING CODE 9110-04-P
