Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65521 

SAFEKEEPING AGENT MASTER TABLE

Field Instructions and data 

application 

SA.1 As of date ...... No entry required. 

SA.2 Safekeeping 

agent identifier.

No entry required. 

SA.3 Legal name of 

safekeeping agent.

No entry required. 

SA.4 Point of contact—name.No entry required. 

SA.5 Point of contact—address.No entry required. 

SA.6 Point of contact—phone.No entry required. 

SA.7 Point of contact—email.No entry required. 

Dated: December 14, 2018. 

Peter Phelan, 

Deputy Assistant Secretary for Capital 

Markets. 

[FR Doc. 2018–27758 Filed 12–20–18; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2013–0705] 

RIN 1625–AA00 

Regulated Navigation Area and Safety 

Zone: Tappan Zee Bridge Construction 

Project, Hudson River; South Nyack 

and Tarrytown, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is extending 

the effective period of the temporary 

regulated navigation areas and safety 

zone for the navigable waters of the 

Hudson River, NY, surrounding the 

Tappan Zee Bridge. This rule will 

extend the effective period of the 

existing temporary interim rule for an 

additional year, now ending on 

December 31, 2019. This rule will 

continue to prohibit all persons and 

vessel traffic from the safety zone and 

enforce speed and wake restrictions for 

the Eastern and Western regulated 

navigation areas as cited in this rule 

unless exceptions are authorized by the 

First District Commander or a 

designated representative. These 

regulated navigation areas and safety 

zone continue to be necessary to protect 

personnel, vessels, and the marine 

environment from potential hazards 

during the removal of the existing 

Tappan Zee Bridge and construction of 

a new bridge. 

DATES: The effective period of 

§ 165.T01–0174 is extended to 

December 31, 2019. The amendments in 

this rule are effective from December 31, 

2018, through December 31, 2019. 

Comments and related material must 

be received by the Coast Guard on or 

before April 1, 2019. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2013– 

0705 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. You may submit comments 

identified by docket number USCG– 

2013–0705 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion for further 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Craig Lapiejko, Waterways 

Management at Coast Guard First 

District, telephone 617–223–8351, email 

craig.lapiejko@uscg.mil or, Mr. Jeff 

Yunker, Coast Guard Sector New York 

Waterways Management Division, U.S. 

Coast Guard; telephone 718–354–4195, 

email jeff.m.yunker@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NYSTA New York State Thruway Authority 

RNA Regulated Navigation Area 

NPRM Notice of proposed rulemaking 

TIR Temporary Interim Rule 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On September 26, 2013, the Coast 

Guard published a temporary interim 

rule (TIR) establishing a regulated 

navigation area (RNA) on the navigable 

waters of the Hudson River, NY, for the 

Tappan Zee Bridge replacement project 

(78 FR 59231). We received no 

comments on the September 26, 2013, 

TIR. No public meeting was requested, 

and none was held. Construction on the 

Tappan Zee Bridge replacement project 

began on October 1, 2013. 

On July 25, 2014, the Coast Guard 

published a change to the original TIR 

which established a new safety zone 

and expanded the RNA to create both an 

Eastern and Western RNA for the 

Tappan Zee Bridge replacement project 

on navigable waters of the Hudson 

River, NY (79 FR 43250). We received 

two comments on the July 25, 2014, TIR. 

The first comment referenced an 

unrelated rulemaking effort to establish 

anchorage locations along the Hudson 

River. The second comment merely 

provided the environmental checklist 

for the TIR. No public meeting was 

requested, and none was held. 

Today’s TIR extends the effective 

period of the rule for one year until 

December 31, 2019, due to delays of the 

Tappan Zee Bridge replacement project. 

On August 23, 2018, the NYSTA 

requested the RNAs and safety zone be 

extended until December 31, 2019, to 

complete all remaining contract 

operations in and over the Hudson 

River, including, but not limited to steel 

erection, concrete bridge deck 

placements, installation of navigation 

lighting, and removal of the original 

Tappan Zee Bridge. 

The Coast Guard is issuing this 

temporary interim 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 

NPRM with respect to this rule because 

doing so would be impracticable and 

contrary to the public interest. The 

notice allowing the construction project 

to proceed and providing updated 

timelines for the project was only 

recently finalized and provided to the 

Coast Guard, which did not give the 

Coast Guard enough time to publish a 

NPRM, take public comments, and issue 

a final rule before the existing regulation 

expires. Timely action is needed to 

respond to the potential safety hazards 

associated with removal of the original 

bridge and construction of a new 

replacement bridge. It would be 

impracticable and contrary to the public 

interest to publish a NPRM because we 

must extend the effective period of the 

safety zone and RNAs as soon as 

possible to protect the safety of the 

waterway users, construction crew, and 

other personnel associated with the 

bridge project. A delay of the project to 

accommodate a full notice and comment 

period would delay necessary 

operations, result in increased costs, 

and delay the completion date of the 

bridge project and subsequent reopening 

of the Hudson River for normal 

operations. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 


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65522 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 

making it effective less than 30 days 

after publication in the Federal 

Register. For reasons stated in the 

preceding paragraph, delaying the 

effective date of this rule would be 

impracticable and contrary to the public 

interest because timely action is needed 

to respond to the potential safety 

hazards associated with the project. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

The First District Commander has 

determined that potential hazards exist 

associated with this bridge construction, 

and removal project that has already 

commenced, and will continue through 

December 31, 2019, will be a safety 

concern for anyone within the work 

zone. The construction and removal of 

the bridge continues to be extremely 

complex and presents many safety 

hazards including overhead crane 

operations, overhead cutting operations, 

potential falling debris, and barges 

positioned in the Hudson River, and 

along the length of the bridge. In order 

to mitigate the inherent risks involved 

with the removal of a bridge, and 

installation of the new bridge, it is 

necessary to control vessel movement 

through the area. The purpose of this 

TIR is to ensure the safety of waterway 

users, the public, and construction 

workers for the duration of the new 

bridge construction and demolition. 

Heavy-lift operations are sensitive to 

water movement, and wake from 

passing vessels could pose significant 

risk of injury or death to construction 

workers. In order to minimize such 

unexpected or uncontrolled movement 

of water, any vessel transiting through 

the Western and Eastern RNA must 

make a direct and expeditious passage. 

No vessel may stop, moor, anchor, or 

loiter within the RNA at any time unless 

they are working on the bridge 

construction operations. This rule is 

needed to protect personnel, vessels, 

and the marine environment on the 

navigable waters of the Hudson River, 

NY, during the bridge project. 

IV. Discussion of the Rule 

This rule extends the effective period 

of the temporary interim rule for the 

navigable waters of the Hudson River, 

NY, surrounding the Tappan Zee Bridge 

for one additional year until December 

31, 2019. There are no other changes to 

the regulatory text of this rule as cited 

in 33 CFR § 165.T01–0174. This rule 

will continue to prohibit all persons and 

vessel traffic from the safety zone and 

enforce speed and wake restrictions for 

the Eastern and Western RNAs unless 

exceptions are authorized by the First 

District Commander or a designated 

representative. 

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, 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 the following reasons: 

Vessel traffic would only be restricted 

from the Eastern RNA for limited 

durations. The Eastern RNA covers only 

a small portion of the navigable 

waterway which includes the Federal 

navigation channel. Furthermore, while 

the Federal navigation channel on the 

Hudson River is closed, vessels that can 

safely navigate outside the channel may 

still be able to transit through the 

Western RNA or the portion of the 

Eastern RNA which does not encompass 

the Federal Navigation channel, 

depending on the project schedule and 

location of project vessels in these areas. 

The Coast Guard does not expect to 

receive any additional requests to close 

the entire Federal navigation channel in 

2019, based upon the current 

construction progress, except in case of 

an emergency. 

Advance public notifications will also 

be made to local mariners through 

appropriate means, which may include 

but are not limited to, Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and the Boater Safety Information 

section of the project website at http:// 

www.newnybridge.com. 

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 would not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the RNAs 

and safety zone may be small entities, 

for the reasons stated in section V.A 

above, this rule will not have a 

significant 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 temporary interim 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. 


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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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