Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 26365 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: May 24, 2018. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2018–12287 Filed 6–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–0428] 

Drawbridge Operation Regulation; 

Snohomish River and Steamboat 

Slough, Everett and Marysville, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the twin, SR 529 

Highway Bridge, north bound, across 

Steamboat Slough, mile 1.2, near 

Marysville, WA. The deviation is 

necessary to accommodate painting and 

preservation. This deviation allows the 

bridge to remain in the closed-tonavigation position during the 

maintenance period to allow safe 

movement of the work crew. 

DATES: This deviation is effective from 

12:01 a.m. on July 2, 2018 to 11:59 p.m. 

on September 30, 2018. 

ADDRESSES: The docket for this 

deviation, USCG–2018–0428 is available 

at http://www.regulations.gov. Type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Washington State Department of 

Transportation, the bridge owner, has 

requested that the twin, SR 529, 

Highway Bridge, north bound, across 

Steamboat Slough, mile 1.2, near 

Marysville, WA, remain in the closedto-navigation position, which will 

reduce the lift span’s vertical clearance 

by three feet. This request is to facilitate 

safe, uninterrupted bridge work for 

painting and preservation. The SR 529 

highway bridge across Steamboat 

Slough, mile 1.2, provides 10 feet of 

vertical clearance above mean high 

water elevation while in the closed-tonavigation position; and this bridge 

operates in accordance with 33 CFR 

117.1059(g). 

The twin, SR 529, Highway Bridge, 

north bound, across Steamboat Slough, 

mile 1.2, is authorized to remain in the 

closed-to navigation position, and need 

not open for maritime traffic from 12:01 

a.m. on July 2, 2018 to 11:59 p.m. on 

September 30, 2018. The subject 

bridge’s lift span vertical clearance is 

also authorized to be reduced from ten 

feet to seven feet except for a 50 foot 

wide section that shall not be reduced 

for maritime passage. The bridge shall 

operate in accordance to 33 CFR 

117.1059(g) at all other times. 

Waterway usage on this part of the 

Snohomish River and Steamboat Slough 

includes vessels ranging from 

commercial tug and barge to small 

pleasure craft. Vessels able to pass 

under the subject bridge in the closedto-navigation position may do so at any 

time. The subject bridge will not be able 

to open for vessels engaged in 

emergency response during the closure 

period. An alternate route for vessels to 

pass is available through Ebey Slough 

and Union Slough near the entrance of 

Steamboat Slough at high tide. The 

Coast Guard will also inform the users 

of the waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridges so that vessels can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to the 

regular operating schedule immediately 

at the end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: May 23, 2018. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2018–12284 Filed 6–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0308] 

RIN 1625–AA00 

Safety Zone; Ohio River, Mile Marker 

27.8 to Mile Marker 28.2, Vanport, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters of the Ohio River 

from mile marker 27.8 to mile marker 

28.2 near the Vanport Highway Bridge. 

The safety zone is necessary to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by a cargo movement near the 

Vanport Highway Bridge in Vanport, 

PA. Entry of vessels or persons 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 June 7, 2018 through 

6 p.m. on June 16, 2018. For the 

purposes of enforcement, actual notice 

will be used from 8 a.m. on June 2, 2018 

through June 7, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0308 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, at 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 


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26366 Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 

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 June 2, 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 cargo operation 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 the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with the cargo movement. 

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 a 

cargo movement operation on a day 

between June 2, 2018 and June 16, 2018 

will be a safety concern for anyone 

within a half-mile stretch of the Ohio 

River. This rule is necessary to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

before, during, and after the cargo 

movement. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8 a.m. on June 2, 2018 

through 6 p.m. on June 16, 2018 for all 

navigable waters of the Ohio River from 

mile marker 27.8 to mile marker 28.2. 

Entry into this safety zone during the 

enforcement period is prohibited, unless 

authorized by the COTP or a designated 

representative. Subject to the cargo 

delivery intervals and potential 

inclement weather, the enforcement 

period will be 30 minutes prior to, 

during, and 1 hour after any cargo 

movement near the Vanport Highway 

Bridge. The Coast Guard was informed 

that the operation would take place 

during daylight hours only and last 

approximately 4 hours. A safety vessel 

will coordinate all vessel traffic during 

the enforcement period. The COTP or a 

designated representative will inform 

the public through Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs), or 

through other means of public notice as 

appropriate at least 3 hours in advance 

of the enforcement period. 

The duration of the zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters during cargo movement 

operations. 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 

Marine Safety Unit Pittsburgh. They 

may be contacted on VHF–FM Channel 

16 or 67. Persons and vessels permitted 

to enter this regulated area must transit 

at their 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 effective period for the safety zone 

as well as any changes in the dates and 

times of enforcement through Local 

Notice to Mariners (LNMs), Broadcast 

Notices to Mariners (BNMs), 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-year of the safety zone. This 

safety zone will be enforced for a period 

of four hours on one day on less than 

a half mile of the Ohio River. The Coast 

Guard will issue LNMs and BNMs via 

VHF–FM marine channel 16 about the 

temporary safety zone, and the rule 

allows vessels to seek permission from 

the COTP or a designated representative 

to enter the safety 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 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). 


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Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 26367 

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 

temporary safety zone lasting only 4 

hours that prohibits entry on a half-mile 

stretch of the Ohio River for 4 hours on 

one day from June 2, 2016 through June 

16, 2018. 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 

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.T08–0308 to read as 

follows: 

§ 165.T08–0308 Safety Zone; Ohio River, 

mile marker 27.8 to mile marker 28.2, 

Vanport, PA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Ohio River from mile marker 27.8 to 

mile marker 28.2. 

(b) Effective period. This section is 

effective from 8 a.m. on June 2, 2018 

through 6 p.m. on June 16, 2018. 

(c) Enforcement period. This section 

will be enforced from June 2, 2018 

through June 16, 2018, subject to cargo 

delivery intervals and potential 

inclement weather, 30 minutes prior to, 

during, and 1 hour after any cargo 

movement in the vicinity of the Vanport 

Highway Bridge. The Captain of the Port 

Marine Safety Unit Pittsburgh (COTP) or 

a designated representative will inform 

the public of the enforcement period 

through BNMs, LNMs, and/or Marine 

Safety Information Bulletins (MSIBs) or 

through other means of public notice at 

least 3 hours in advance of the 

enforcement period. A safety vessel will 

coordinate all vessel traffic during the 

enforcement of this safety zone. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry into this zone is prohibited unless 

authorized by the COTP or 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 Marine 

Safety Unit Pittsburgh. 

(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. 

(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. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement through Local Notices to 

Mariners (LNMs), Broadcast Notices to 

Mariners (BNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: June 1, 2018. 

L. McClain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2018–12283 Filed 6–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0242] 

RIN 1625–AA00 

Safety Zone; Blazing Paddles 2018 

SUP Race; Cuyahoga River, Cleveland, 

OH& 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Cuyahoga River 

during the Blazing Paddles Stand Up 

Paddleboard Race. This safety zone is 

intended to restrict vessels from a 

portion of the Cuyahoga River during 

the Blazing Paddles Stand Up 

Paddleboard Race. This temporary 

safety zone is necessary to protect 

mariners and racers from the 

navigational hazards associated with the 

Stand Up Paddleboard Race. 

DATES: This rule is effective from 8:30 

a.m. through 11:30 a.m. on June 23, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 


sradovich on DSK3GMQ082PROD with RULES