[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Rules and Regulations]
[Pages 42778-42780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18389]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0700]
RIN 1625-AA87
Security Zone; Ohio River, Olmsted, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
the navigable waters within a half mile radius of Olmsted Lock and Dam
located at mile marker 964.5 on the Ohio River. The security zone is
needed to protect dignitaries, vessels, and waterfront facilities from
destruction, loss, or injury from sabotage or other subversive acts,
accidents, or other causes of a similar nature during a dignitary
visit. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Ohio Valley or a
designated representative.
DATES: This rule is effective from 6 a.m. through 5 p.m. on August 30,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0700 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer, Gary Heflin, Marine Safety Unit
Paducah Waterways Management, U.S. Coast Guard; telephone 270-442-1621,
email [email protected].
SUPPLEMENTARY INFORMATION:
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
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 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,
[[Page 42779]]
warrant, or petty officer of the U.S. Coast Guard assigned to units
under the operational control of USCG Sector Ohio Valley. They may be
contacted on VHF-FM Channel 13 or 16, or through Coast Guard Sector
Ohio Valley at 1-800-253-7465. A designated representative may be a
Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
All persons and vessels shall comply with the instructions of the COTP
and a designated on-scene U.S. Coast Guard representative. The COTP or
a designated representative will inform the public through Broadcast
Notices to Mariners (BNMs) of the enforcement period for the temporary
security zone as well as any changes in the dates and times of
enforcement.
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 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, and duration of the security zone. The security zone impacts
a half mile radius around the Olmsted Lock and Dam for eleven hours on
one afternoon. The Coast Guard will also issue Broadcast Notices 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 security 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 (Public Law 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
[[Page 42780]]
security zone lasting eleven hours that will prohibit entry within a
half mile radius of the Olmsted Lock and Dam, located at mile marker
964.5 on the Ohio River. 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.T08-0700 to read as follows:
Sec. 165.T08-0700 Security Zone; Ohio River, Olmsted, IL.
(a) Location. The following area is a security zone: all navigable
waters within a half mile of Olmsted Lock and Dam, located at MM 964.5
on the Ohio River, Olmstead, IL.
(b) Effective period. This section is effective from 6 a.m. through
5 p.m. on August 30, 2018.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the Captain of
the Port Sector Ohio Valley (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 Ohio Valley. A designated representative may be a Patrol
Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The Patrol Commander may be contacted on
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
(2) To seek permission to enter, contact the COTP or the COTP's
designated representative via VHF-FM Channel 16 or 502-779-5422.
(3) Those in the security zone must comply with all lawful orders
or directions given to them by the COTP or the COTP's designated
representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs) of the enforcement period for the temporary security
zone as well as any changes in the dates and times of enforcement.
Dated: August 17, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-18389 Filed 8-23-18; 8:45 am]
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