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 


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65084 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector New Orleans. 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. 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 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, this rule 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 the size, location, duration, 

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

temporary safety zone would only 

restrict navigation on a one-mile portion 

of the Lower Mississippi River for 

approximately one-and-one-half hours 

on one evening. Moreover, the Coast 

Guard will issue BNMs 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 lasting for approximately one and 

a half hours that would prohibit entry 

into a one-mile stretch of the Lower 

Mississippi River on one evening. 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. 


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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65085 

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.T08–0960 to read as 

follows: 

§ 165.T08–0960 Safety Zone; Lower 

Mississippi River, Mile Markers 229.5 to 

230.5, Baton Rouge, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from mile 

marker (MM) 229.5 to MM 230.5 above 

Head of Passes, Baton Rouge, LA. 

(b) Effective period. This section is 

effective from 11:30 p.m. on December 

31, 2018 through 1 a.m. on January 1, 

2019. 

(c) Regulations. (1) Under the general 

safety zone regulations in § 165.23 of 

this part, 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. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative via 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: December 13, 2018. 

Kristi M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–27466 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–2018–1091] 

RIN 1625–AA00 

Safety Zone; Monongahela River, Miles 

91.7 to 92.3, Maidsville, WV 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Monongahela 

River from mile 91.7 to mile 92.3. This 

safety zone is necessary to protect 

persons, vessels, and the marine 

environment from potential hazards 

associated with shore side construction 

activities. Entry of persons or vessels 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Marine Safety Unit Pittsburgh or a 

designated representative. 

DATES: This rule is effective without 

actual notice from December 19, 2018 

until December 21, 2018. 

For the purposes of enforcement, 

actual notice will be used from 

December 14, 2018 until December 19, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

1091 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 Jennifer Haggins, 

Marine Safety Unit Pittsburgh, U.S. 

Coast Guard; telephone 412–221–0807, 

email Jennifer.L.Haggins@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Marine Safety 

Unit Pittsburgh 

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. This safety zone must be 

established by December 14, 2018 and 

we 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 shore 

side construction 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 because 

immediate action is necessary to 

respond to the potential safety hazards 

associated with the shore side 

construction work involving a 

helicopter lifting heavy equipment. 

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 Marine Safety Unit 

Pittsburgh (COTP) has determined that 

potential hazards associated with shore 

side construction work will be a safety 

hazard for anyone within a one-mile 

stretch of the Monongahela River. The 

rule is needed to protect persons, 

vessels, and the marine environment on 

the navigable waters within the safety 

zone before, during, and after the 

construction is complete and the 

helicopter is away from the area. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 9 a.m. through 6 p.m. 

on December 14, 2018 through 

December 21, 2018. The safety zone will 

cover all navigable waters of the 

Monongahela River, from mile 91.7 to 

mile 92.3. The duration of the zone is 

intended to protect persons, vessels, and 

the marine environment on these 

navigable waters before, during, and 

after the shore side construction. No 


amozie on DSK3GDR082PROD with RULES