[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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