Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65523 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would 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. 

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 

would 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, which guides the 

Coast Guard in complying with the 

National Environmental Policy Act of 

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

made a preliminary determination 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 

extending the effective time for one year 

restricting vessel movement within 

regulated navigation areas and safety 

zone on the navigable waters of Hudson 

River in vicinity of the Tappan Zee 

Bridge construction project. Normally 

such actions are 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 preliminary Record of 

Environmental Consideration for 

Categorically Excluded Actions is 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

temporary interim 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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this TIR as 

being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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. Amend § 165.T01–0174 by revising 

the introductory text of paragraph (d) to 

read as follows: 

§ 165.T01–0174 Regulated Navigation 

Areas and Safety Zone Tappan Zee Bridge 

Construction Project, Hudson River; South 

Nyack and Tarrytown, NY. 

* * * * * 

(d) Enforcement periods. This 

regulation will be enforced 24 hours a 

day from 11:59 p.m. on December 31, 

2018 until 11:59 p.m. on December 31, 

2019. 

* * * * * 

Dated: December 18, 2018. 

Andrew J. Tiongson, 

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

First Coast Guard District. 

[FR Doc. 2018–27669 Filed 12–20–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–1097] 

RIN 1625–AA00 

Safety Zone; Wolf River, Winneconne 

Bridge Blasting, Winneconne, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Wolf River in 

Winneconne, WI, for blasting 

operations. This action is necessary to 

protect mariners, vessels, and property 

from potential hazards associated with 

blasting operations. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Lake Michigan or a 

designated representative. 

DATES: This rule is effective without 

actual notice from 6 a.m. on December 

21, 2018 until 5 p.m. on January 21, 

2019. For the purposes of enforcement, 

actual notice will be used from 6 a.m. 

on December 17, 2018, until 6 a.m. on 

December 21, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

1097 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 document, 

call or email the marine event 

coordinator, MSTC Kaleena Carpino, 

Prevention Department, Coast Guard 

Sector Lake Michigan, Milwaukee, WI; 


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65524 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 

telephone (414) 747–7148, email D09- 

SMB-SECLakeMichigan-WWM@

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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable and contrary 

to the public interest. The final details 

for this event were not known to the 

Coast Guard until there was insufficient 

time remaining before the event to 

publish an NPRM. Delaying the effective 

date of this rule to wait for a comment 

period to run would inhibit the Coast 

Guard’s ability to protect the public, 

vessels, mariners, and property from the 

hazards associated with the blasting 

operations from December 17, 2018 

through January 21, 2019. 

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 reasons discussed in the 

preceding paragraph. Delaying the 

effective date by waiting for a 30 day 

notice period to run would be 

impracticable and contrary to the rule’s 

objectives of protecting safety of life on 

the navigable waters and protection of 

persons and vessels near the blasting 

area. 

III. Legal Authority and Need for Rule 

The legal basis for this rule is the 

Coast Guard’s authority to establish 

safety zones: 33 U.S.C. 1231; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security 

Delegation No. 0170.1. 

The Coast Guard will enforce a safety 

zone from 6 a.m. through 5 p.m. each 

day from December 17, 2018 through 

January 21, 2019, for the blasting 

operations of the Winneconne Bridge 

(STH 116) on the Wolf River in 

Winneconne, WI. The Captain of the 

Port Lake Michigan determined that the 

blasting operations will pose a 

significant risk to public safety and 

property. Such hazards include 

premature and accidental detonations, 

falling debris, and collisions among 

spectator vessels. 

IV. Discussion of the Rule 

With the aforementioned hazards in 

mind, the Captain of the Port Lake 

Michigan determined that this 

temporary safety zone is necessary to 

protect persons and vessels during the 

blasting operations in the waters of Wolf 

River, in Winneconne, WI. This zone 

will be enforced from 6 a.m. through 5 

p.m. each day from December 17, 2018 

through January 21, 2019. The safety 

zone encompasses all navigable waters 

of Wolf River within 700 feet of the 

Winneconne Bridge (STH 116) located 

at 44°6.646 N, 088°42.697 W (NAD 83). 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or a designated onscene representative. The Captain of the 

Port or a designated on-scene 

representative may be contacted via 

VHF Channel 16. 

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-year of the safety zone. The 

safety zone created by this rule will be 

relatively small and enforced for 11 

hours each day. Thus, restriction on 

vessel movement within that particular 

area are expected to be minimal. Under 

certain conditions, vessels may still 

transit through the safety zone when 

permitted by the Captain of the Port. 

Moreover, the Coast Guard will issue 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about 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. 

This rule will affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the affected portion of Wolf River, in 

Winneconne, WI between 6 a.m. 

through 5 p.m. December 17, 2018 

through January 17, 2019. This safety 

zone will not have a significant 

economic impact on a substantial 

number of small entities for the reasons 

cited in the Regulatory Planning and 

Review section. Additionally, before the 

enforcement of the zone, we will issue 

local Broadcast Notice to Mariners and 

Public Notice of Safety Zone so vessel 

owners and operators can plan 

accordingly. 

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 


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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65525 

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 the 

establishment of a safety zone 

surrounding the Winneconne Bridge 

(STH 116) on the Wolf River, in 

Winneconne, WI. It is categorically 

excluded from further review under 

paragraph L[60(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.T09–1097 to read as 

follows: 

§ 165.T09–1097 Safety Zone; Wolf River, 

Winneconne Bridge Blasting, Winneconne, 

WI. 

(a) Location. All navigable waters of 

Wolf River within 700 feet of the 

Winneconne Bridge (STH 116) located 

at 44°6.646 N, 088°42.697 W (NAD 83). 

(b) Enforcement period. This rule will 

be enforced from 6 a.m. through 5 p.m. 

each day from December 17, 2018 

through January 21, 2019. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or a 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or a designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on his or her 

behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Lake 

Michigan or an on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or an 

on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or an 

on-scene representative. 

Dated: December 17, 2018. 

Thomas J. Stuhlreyer, 

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

Port. 

[FR Doc. 2018–27599 Filed 12–20–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–1082] 

RIN 1625–AA87 

Security Zone; Puget Sound, Tacoma, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for the navigable waters within 500 

yards of the M/V CAPE HUDSON, 

Official Number 901127, during its 

departure from Terminal 7 in Tacoma, 

WA. This security zone is necessary to 

protect the vessel and associated 

personnel from terrorist acts, accidents, 

sabotage, or other subversive acts 

associated with the vessel’s movement 

of military cargo. Entry of vessels or 

persons into this zone is prohibited 

while the M/V CAPE HUDSON is in 

transit unless specifically authorized by 

the Captain of the Port Puget Sound. 

DATES: This rule is effective without 

actual notice from 8:45 a.m. on 

December 21, 2018, through 9 p.m. on 

January 2, 2019. For the purposes of 

enforcement, actual notice will be used 

from 8:00 a.m. on December 20, 2018, 

through 8:44 a.m. December 21, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 


amozie on DSK3GDR082PROD with RULES