42776 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 

that section to exercise all of the power and 

authority vested in the Attorney General 

under Section 4102 of title 18, U.S. Code, 

which has not been delegated to the Director 

of the Bureau of Prisons, including 

specifically the authority to find the transfer 

of offenders to or from a foreign country 

under a treaty as referred to in Public Law 

95–44 appropriate or inappropriate, is hereby 

re-delegated to the Deputy Assistant 

Attorneys General for the Criminal Division 

and to the Director, Deputy Directors, and the 

Associate Director supervising the 

International Prisoner Transfer Unit of the 

Office of International Affairs. 

Dated: August 15, 2018. 

Brian A. Benczkowski, 

Assistant Attorney General, Criminal 

Division. 

[FR Doc. 2018–17949 Filed 8–23–18; 8:45 am] 

BILLING CODE 4410–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0744] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile Markers 230.4 to 215, Baton 

Rouge, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River from mile marker 

(MM) 230.4 to MM 215, above Head of 

Passes. This safety zone is necessary to 

protect persons, vessels, and the marine 

environment from potential safety 

hazards associated with the Big River 

Regional 2018 Paddle Board Race. Entry 

of persons or vessels into this safety 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector New Orleans or a designated 

representative. 

DATES: This rule is effective from 7:30 

a.m. through noon on September 1, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0744 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 Lieutenant Justin Maio, Marine 

Safety Unit Baton Rouge, U.S. Coast 

Guard; telephone 225–298–5400, ext. 

230, email Justin.P.Maio@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 

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 September 1, 2018, and 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

this rule. The NPRM process would 

delay the establishment of the safety 

zone until after the date of the paddle 

board race and compromise public 

safety. 

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 this rule would be 

contrary to the public interest of 

ensuring the safety of spectators and 

vessels during the event because 

immediate action is necessary to 

respond to the potential safety hazards 

associated with the paddle board race. 

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 potential 

hazards associated with the paddle 

board race occurring over a fifteen and 

half mile stretch of the Lower 

Mississippi River will be a safety 

concern. The purpose of this rule is to 

ensure the safety of life and vessels on 

the navigable waters in the safety zone 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 7:30 a.m. through noon 

on September 1, 2018. The safety zone 

will cover all navigable waters of the 

Lower Mississippi River from MM 230.4 

to MM 215, above Head of Passes. The 

duration of the zone is intended to 

ensure the safety of persons, vessels, 

and the marine environment on these 

navigable waters before, during, and 

after the scheduled paddle board race. 

No vessel or person will be 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 

USCG Sector New Orleans. A 

designated representative may be a 

Patrol Commander (PATCOM). The 

PATCOM may be aboard either a Coast 

Guard or Coast Guard Auxiliary vessel. 

The PATCOM may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM’’. 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 through USCG Marine 

Safety Unit Baton Rouge at 225–281– 

4789. All persons and vessels permitted 

to enter this safety zone must transit at 

the 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 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 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 42777 

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, duration, 

and time-of-day of the safety zone. The 

safety zone will prohibit entry on a 

fifteen and a half miles stretch of the 

Lower Mississippi River for four and a 

half hours on one morning. 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 

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 involves a safety 

zone that will prohibit entry on a fifteen 

and a half mile stretch of the Lower 

Mississippi River for four and a half 

hours on one morning. 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 

■ 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.T08–0744 to read as 

follows: 


sradovich on DSK3GMQ082PROD with RULES
42778 Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Rules and Regulations 

§ 165.T08–0744 Safety Zone; Lower 

Mississippi River, Mile Markers 230.4 to 215, 

Baton Rouge, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from mile 

markers (MM) 230.4 to MM 215 above 

Head of Passes, Baton Rouge, LA. 

(b) Effective period. This section is 

effective from 07:30 a.m. through noon 

on September 1, 2018. 

(c) Regulations. (1) Under the general 

safety zone regulations in § 165.23, 

entry into this zone is prohibited unless 

authorized by the Captain of the Port 

Sector New Orleans (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 New 

Orleans. A designated representative 

may be a Patrol Commander (PATCOM). 

The PATCOM may be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. The PATCOM may be contacted 

on Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM’’. 

(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 

through the Marine Safety Unit Baton 

Rouge Officer of the Day at 225–281– 

4789. 

(3) All persons and vessels permitted 

to enter this safety zone must transit at 

the slowest safe speed and comply with 

all lawful directions issued by the COTP 

or the designated representative. 

(d) Informational 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: August 17, 2018. 

Kristi M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–18390 Filed 8–23–18; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

MSUPaducah-WWM@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 

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, 


sradovich on DSK3GMQ082PROD with RULES