Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65081 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11C, 

Airspace Designations and Reporting 

Points, dated August 13, 2018, effective 

September 15, 2018, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO KY E5 Hardinsburg, KY [New] 

Breckinridge County Airport, KY 

(Lat. 37°47′05′′ N, long. 86°26′29′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Breckinridge County Airport. 

Issued in College Park, Georgia, on 

December 11, 2018. 

Debra Hogan, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2018–27255 Filed 12–18–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–0356] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, Boca 

Raton, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the Camino Real 

(Boca Club) Bridge across the Atlantic 

Intracoastal Waterway, mile 1048.2, at 

Boca Raton, Florida. This modification 

is necessary to allow for the completion 

of extensive rehabilitation of the bridge 

and fender system. This modification 

will allow the draw to provide singleleaf openings with a 6-hour advanced 

notice for a full opening. 

DATES: This temporary final rule is 

effective from 7 a.m. on December 19, 

2018 though 7 p.m. on April 30, 2019. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov. Type USCG– 

2018–0356 in the ‘‘SEARCH’’ box and 

click ‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

final rule, call or email Lieutenant 

Samuel Rodriguez-Gonzalez, U.S. Coast 

Guard Sector Miami, Waterways 

Management Division; telephone 305– 

535–4307, email samuel.rodriguezgonzalez@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 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

FL Florida 

II. Background Information and 

Regulatory History 

On April 27, 2018, we published a 

temporary deviation from the operating 

schedule for the Camino Real Bridge 

entitled, ‘‘Drawbridge Operation 

Regulation; Atlantic Intracoastal 

Waterway, Boca Raton, FL’’ in the 

Federal Register (83 FR 18415). 

Outreach conducted with mariners 

utilizing the waterway indicated no 

objections to the temporary deviation. 

The temporary deviation time period 

ran from April 23, 2018 through October 

9, 2018, and was effective from 7 a.m. 

to 7 p.m. Monday through Saturday. 

During the effective period, the bridge 

operated on single-leaf openings with a 

6-hour advanced notice for a full 

opening. Outside of the effective period, 

the bridge operated per the normal 

bridge operating schedule. 

The Coast Guard is issuing this 

temporary final 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 

authorized 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), 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. Unanticipated weather 

delays negatively impacted the schedule 

and pace of the bridge rehabilitation, 

and as a result additional time is 

required to complete the work necessary 

to restore the bridge to full operation. 

Therefore, the operating schedule of the 

bridge must be modified to allow for 

performance of all remaining repairs to 

the bridge and fender system in order to 

ensure the safety of persons and vessels 

in the vicinity of the bridge. 

We are issuing this rule and 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 for 

the reasons stated above. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. The 

Camino Real (Boca Club) Bridge across 

the Atlantic Intracoastal Waterway, mile 

1048.2, at Boca Raton, FL is a doubleleaf bascule bridge with a vertical 

clearance of 10 feet at mean high water 

in the closed to navigation position and 

a horizontal clearance of 83 feet 

between the fender system. The existing 


amozie on DSK3GDR082PROD with RULES
65082 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

drawbridge operating regulation is set 

out in 33 CFR 117.261(aa–1). Kiewit 

Infrastructure South Co., on behalf of 

the bridge owner, Palm Beach County, 

requested this modification in order to 

effect rehabilitation of the bridge and 

fender system as described above. 

The Atlantic Intracoastal Waterway is 

used by a variety of vessels including 

U.S. government vessels, small 

commercial vessels, recreational vessels 

and tugs and barge traffic. Vessels able 

to pass through the bridge in the closed 

position may do so at anytime. The 

bridge will not be able to provide a full 

opening for emergencies and there is no 

immediate alternate route for vessels to 

pass. 

IV. Discussion of the Rule 

As noted above, we received no 

comments on the temporary deviation 

published on April 27, 2018. 

Additionally, coordination with 

waterway users indicated no objection 

to the temporary modification of the 

drawbridge schedule. 

This rule modifies the operating 

schedule governing the Camino Real 

(Boca Club) Bridge across the Atlantic 

Intracoastal Waterway, mile 1048.2, at 

Boca Raton, FL. The draw shall provide 

single-leaf openings with a 6-hour 

advanced notice for a full opening from 

7 a.m. to 7 p.m. Monday through 

Saturday. During non-working hours, 

the bridge will operate per the normal 

bridge operating schedule. The rule is 

necessary to accommodate the 

completion of the rehabilitation of the 

bridge and fender system. The Coast 

Guard will inform the users of the 

waterway through Local and Broadcast 

Notices to Mariners of the change in 

operating schedule for the bridge so that 

operators can arrange their transits to 

minimize any impact caused by the 

temporary rule. 

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 protesters. 

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 (OMB) and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on: (1) The modified schedule 

will only be effective for twelve hours 

daily, Monday through Saturday; (2) 

vessels may continue to pass under the 

bridge via single-leaf openings; (3) the 

draw will provide a full opening so long 

as a requesting vessel provides notice 6- 

hours in advance notice; and (4) vessel 

traffic able to pass under the bridge in 

the closed position may do so at 

anytime. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 bridge 

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, above. 

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 calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

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. 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

simply promulgates the operating 

regulations or procedures for 

drawbridges. This action is categorically 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65083 

excluded from further review, under 

figure 2–1, paragraph (32)(e), of the 

Instruction. A Record of Environmental 

Consideration and a Memorandum for 

the Record are not required for this rule. 

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 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.261, effective from 7 a.m. 

on December 19, 2018 to 7 p.m. on April 

30, 2019, suspend paragraph (aa–1) and 

temporarily add paragraph (aa–2) to 

read as follows: 

§ 117.261 Atlantic Intracoastal Waterway 

from St. Marys River to Key Largo. 

* * * * * 

(aa–2) Camino Real (Boca Club) 

Bridge, mile 1048.2, at Boca Raton. The 

draw shall provide single-leaf openings 

from 7 a.m. to 7 p.m., Monday through 

Saturday, on the hour, twenty minutes 

past the hour and forty minutes past the 

hour. A full opening shall be available 

with a 6-hour advanced notice. At all 

other times, the bridge will provide full 

openings on the hour, twenty minutes 

past the hour and forty minutes past the 

hour. 

* * * * * 

Dated: December 13, 2018. 

Peter J. Brown, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2018–27386 Filed 12–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0960] 

RIN 1625–AA08 

Safety Zone; Lower Mississippi River, 

Mile Markers 229.5 to 230.5 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) 229.5 to MM 230.5, above Head of 

Passes. This action is necessary to 

provide for the safety of persons, 

vessels, and the marine environment on 

these navigable waters near Baton 

Rouge, LA, during a New Year’s Eve 

fireworks display. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector New Orleans. 

DATES: This rule is effective from 11:30 

p.m. on December 31, 2018 through 

1 a.m. on January 1, 2019. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

0960 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 

AHP Above Head of Passes 

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)(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 December 31, 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 safety measures necessary to 

protect the public from potential 

hazards until after the date of the 

fireworks. 

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 immediate action is 

needed to respond to the potential 

safety hazards associated with the 

fireworks display. 

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 New Year’s 

Eve fireworks display will be a safety 

concern for anyone within 

approximately one mile of the launch 

site. The launch site will be located on 

the top of the levee of the Lower 

Mississippi River at approximate mile 

marker (MM) 229.9, Baton Rouge, LA. 

Hazards from the fireworks display 

include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. This 

rule is necessary to protect persons, 

vessels, and the marine environment 

before, during, and after the scheduled 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 11:30 p.m. on 

December 31, 2018 through 1 a.m. on 

January 1, 2019. The safety zone covers 

all navigable waters of the Lower 

Mississippi River in Baton Rouge, LA, 

from mile marker (MM) 229.5 to MM 

230.5 above Head of Passes (AHP). The 

duration of the zone is intended to 

ensure the safety of persons, vessels, 

and the marine environment before, 

during, and after the scheduled 

fireworks display. Entry into this zone 

is prohibited unless authorized by the 

COTP or a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 


amozie on DSK3GDR082PROD with RULES