34944 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 

Authority: 15 U.S.C. 77b, 77b note, 77c, 

77d, 77f, 77g, 77h, 77j, 77r, 77s, 77z–3, 77sss, 

78c, 78d, 78j, 78l, 78m, 78n, 78o, 78o–7 note, 

78t, 78w, 78ll(d), 78mm, 80a–8, 80a–24, 80a– 

28, 80a–29, 80a–30, and 80a–37, and Pub. L. 

112–106, sec. 201(a), sec. 401, 126 Stat. 313 

(2012), and Pub. L. 115–174, sec. 507, 132 

Stat. 1296 (2018), unless otherwise noted. 

* * * * * 

■ 2. Section 230.701 is amended by 

revising the introductory text of 

paragraph (e) to read as follows: 

§ 230.701 Exemption for offers and sales 

of securities pursuant to certain 

compensatory benefit plans and contracts 

relating to compensation. 

* * * * * 

(e) Disclosure that must be provided. 

The issuer must deliver to investors a 

copy of the compensatory benefit plan 

or the contract, as applicable. In 

addition, if the aggregate sales price or 

amount of securities sold during any 

consecutive 12-month period exceeds 

$10 million, the issuer must deliver the 

following disclosure to investors a 

reasonable period of time before the 

date of sale: 

* * * * * 

By the Commission. 

Dated: July 18, 2018. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–15730 Filed 7–23–18; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0698] 

RIN 1625–AA08 

Safety Zones; Pipeline Construction, 

Tennessee River Miles 465 to 466, 

Chattanooga, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Tennessee 

River from mile marker 465 to mile 

marker 466. This safety zone is 

necessary to protect persons, property, 

and the marine environment from 

potential hazards associated with the 

construction of an underground 

pipeline. Entry of vessels or persons 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Sector Ohio Valley or a designated 

representative. 

DATES: This rule is effective from 7:30 

a.m. on July 24, 2018, through 7 p.m. on 

August 24, 2018. This rule will be 

enforced from 7:30 a.m. through 7 p.m. 

each day during the effective period, 

excluding Saturdays and Sundays. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0698 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 Petty Officer Nicholas Jones, 

Marine Safety Detachment Nashville, 

U.S. Coast Guard; telephone 615–736– 

5421, email MSDNashville@uscg.mil. 

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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On July 10, 2018, Reynolds 

Construction, L.L.C notified Marine 

Safety Detachment Nashville that their 

underwater pipeline construction 

operations at mile marker 465.2 of the 

Tennessee River would be ready to 

commence on July 24, 2018. Reynolds 

Construction estimates that the work 

will take 20 days, excluding weekends 

and holidays, and will conclude no later 

than August 24, 2018. 

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 (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 July 24, 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 it effective less than 30 days 

after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to public 

interest because immediate action is 

needed to respond to potential safety 

hazards associated with the underwater 

pipeline construction. 

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 the underwater 

blasting and pipeline construction will 

be a safety concern for anyone on a onemile stretch of the Tennessee River. 

This rule is necessary to protect 

persons, vessels, and the marine 

environment during the construction 

operations. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 7:30 a.m. on July 24, 

2018 through 7 p.m. on August 24, 2018 

from mile marker 465 to mile marker 

466 on the Tennessee River in 

Chattanooga, TN. The safety zone will 

be enforced from 7:30 a.m. through 7 

p.m. each day, excluding Saturdays and 

Sundays. A safety vessel will coordinate 

all vessel traffic during the enforcement 

periods. The COTP may terminate 

enforcement of this rule if the work is 

finished earlier. The duration of the 

safety zone is intended to protect 

persons, vessels, and the marine 

environment during the construction 

operations. 

No vessel or person is permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of Sector Ohio 

Valley, U.S. Coast Guard. They may be 

contacted on VHF Channel 13 or 16, or 

at 1–800–253–7465. All persons and 

vessels permitted to enter this safety 

zone must transit at their slowest safe 

speed and comply with all directions 

issued by the COTP or the designated 

representative. The COTP or a 

designated representative will inform 

the public of the enforcement times and 

dates 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 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 34945 

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, it has not 

been reviewed by the Office of 

Management and Budget, 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-day of the safety zone. This 

safety zone prohibits transit on a onemile stretch of the Tennessee River for 

about 12 hours on weekdays only 

during a one-month period. The rule 

also allows vessels to seek permission to 

enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the 

temporary safety zone may be small 

entities, for the reasons stated in section 

V.A above, this rule will not have a 

significant economic impact on any 

vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule prohibits transit 

on a one-mile stretch of the Tennessee 

River for about 12 hours on weekdays 

only during a one-month period. 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 U.S. 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. 0170.2. 

■ 2. Add § 165.35T08–0698 to read as 

follows: 

§ 165.35T08–0698 Safety Zone; Pipeline 

Construction, Tennessee River, Miles 465 to 

466, Chattanooga, TN. 

(a) Location. All navigable waters of 

the Tennessee River from mile marker 

465.0 to mile marker 466.0, 

Chattanooga, TN. 

(b) Effective period. This section is 

effective from 7:30 a.m. on July 24, 2018 

through 7 p.m. on August 24, 2018. 

(c) Enforcement periods. This section 

will be enforced each day during the 


jstallworth on DSKBBY8HB2PROD with RULES
34946 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 

effective period from 7:30 a.m. through 

7 p.m., excluding Saturdays and 

Sundays. The COTP may terminate 

enforcement of this section if the work 

is finished earlier. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.801 

of this part, entry into this area is 

prohibited 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 

Sector Ohio Valley, U.S. Coast Guard. 

(2) Persons or vessels requiring entry 

into or passage through the area must 

request permission from the COTP or a 

designated representative. U.S. Coast 

Guard Sector Ohio Valley may be 

contacted on VHF Channel 13 or 16, or 

at 1–800–253–7465. 

(3) A safety vessel will coordinate all 

vessel traffic during the enforcement of 

this safety zone. All persons and vessels 

permitted to enter this safety zone must 

transit at their slowest safe speed and 

comply with all directions issued by the 

COTP or the designated representative. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and dates 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: July 18, 2018. 

M.B. Zamperini, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2018–15775 Filed 7–23–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0656] 

RIN 1625–AA00 

Safety Zone; Fleet Week Maritime 

Festival, Pier 66, Elliot Bay, Seattle, 

Washington 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily amending the Fleet Week 

Maritime Festival safety zone. This 

year’s Parade of Ships will commence 

with the aerial demonstration followed 

by the pass and review of ships. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with the Parade of Ships. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Puget Sound. 

DATES: This temporary rule is effective 

from 8 a.m. until 8 p.m. on July 31, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0656 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 Petty Officer Zachary Spence, 

Sector Puget Sound Waterways 

Management Division, Coast Guard; 

telephone (206) 217–6051, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule, without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(3)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule due to 

unanticipated modifications to this 

year’s Fleet Week Maritime Festival’s 

sequence of events imposed by event 

organizers on the Coast Guard. It is 

impracticable to publish an NPRM for 

this temporary rule because the safety 

zone must be established by July 31, 

2018, to protect the public. 

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 for the same reasons stated in 

the preceding paragraph. 

III. Legal Authority and Need for Rule 

On June 28, 2018, the Fleet Week 

planning Committee notified the Coast 

Guard of a change to the sequence of 

events for this year’s Parade of Ships to 

conduct aerial demonstrations prior to 

instead of immediately following the 

pass and review of ships. This 

temporary amendment to our safety 

zone regulation for the Fleet Week 

Maritime Festival, Pier 66, Elliott Bay, 

Seattle, Washington, 33 CFR 165.1330, 

will reflect the actual order of events for 

this year’s Parade of Ships, and is 

needed to notify the public of the 

change in the sequence of events this 

year and avoid uncertainty as to the 

effective period of the rule, which 

remains unchanged. 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone associated with the Parade of 

Ships. 

IV. Discussion of the Rule 

This rule temporarily amends 

§ 165.1330 to reflect this year’s sequence 

of events. During this year’s Parade of 

Ships, the aerial demonstration will 

occur before the pass and review of 

ships near Pier 66. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters immediately 

before and after the aerial demonstration 

and the parade of the ships near Pier 66. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

The regulation will be enforced for 

the same area as in past years and for 

same hours—from 8 a.m. until 8 p.m. 

The only change to the regulation is 

how it describes the sequence of events. 

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 


jstallworth on DSKBBY8HB2PROD with RULES