Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Rules and Regulations 32591 

Dated: June 20, 2018. 

Thomas J. Stuhlreyer, 

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

Port, Lake Michigan. 

[FR Doc. 2018–15052 Filed 7–12–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0647] 

RIN 1625–AA00 

Safety Zone; Willamette River, 

Wilsonville, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Willamette River 

within a designated area adjacent to the 

Wilsonville Wastewater Treatment 

Plant. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards while the plant outfall is being 

repaired. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Columbia River. 

DATES: This rule is effective without 

actual notice from July 13, 2018 through 

August 31, 2018. For the purposes of 

enforcement, actual notice will be used 

from July 9, 2018 through July 13, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0647 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 LCDR Laura Springer, Waterways 

Management Division, Marine Safety 

Unit Portland, Coast Guard; telephone 

503–240–9319, email msupdxwwm@

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 it 

would be impracticable to complete a 

notice-and-comment rulemaking by the 

start date of the construction project, 

July 9, 2018. 

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 

because Coast Guard needs to have a 

safety zone regulation in place by July 

9, 2018, to respond to the potential 

safety hazards associated with the repair 

work to the outfall and associated 

vessels and machinery. 

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 Columbia River 

(COTP) has determined that potential 

hazards associated with repair work to 

the Wilsonville Wastewater Treatment 

Plant outfall starting July 9, 2018, will 

be a safety concern for anyone within a 

designated area surrounding the outfall 

repair vessels and machinery. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the outfall is being repaired and 

maintained. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from July 9, 2018 through August 31, 

2018. If the construction project is 

completed before August 31, 2018, the 

Captain of the Port, Columbia River will 

issue a general permission to enter the 

zone and a separate rule to terminate the 

effective period of this rule. This safety 

zone covers all navigable waters of the 

Willamette River surrounding the 

outfall repair vessels and machinery 

located in Wilsonville, OR, 

approximately 250 feet upstream and 

downstream from the work area 

adjacent to the Wilsonville Wastewater 

Treatment Plant. Specific coordinates 

area listed in the regulatory text at the 

bottom of the document. The duration 

of the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

while the outfall is being repaired. No 

vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP 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, 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, and 

duration of the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone which will 

impact a small designated area of the 

Willamette River in Wilsonville, OR for 

less than two months. Moreover, the 

Coast Guard will issue Broadcast Notice 

to Mariners 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. 


sradovich on DSK3GMQ082PROD with RULES
32592 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Rules and Regulations 

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). 

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 surrounding the vessels and 

machinery being used by personnel to 

repair the Wilsonville Wastewater 

Treatment Plant outfall. 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 

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.T13–0647 to read as 

follows: 

§ 165.T13–0647 Safety Zone; Willamette 

River, Wilsonville, OR. 

(a) Location. The following area is 

designated safety zone: All navigable 

waters of the Willamette River 

surrounding the Wilsonville Wastewater 

Treatment Plant outfall repair vessels 

and machinery located in Wilsonville, 

OR, encompassed by a line connecting 

these points: 45°17′33.1764′′ N, 

122°46′17.3886′′ W; 45°17′31.1958′′ N, 

122°46′18.1092′′ W; 45°17′32.1504′′ N, 

122°46′8.9544′′ W; and 45° 17′ 30.1956′′ 

N, 122° 46′ 8.8746′′ W. 

(b) Regulations. In accordance with 

the general regulations in part 165, 

subpart C, of this chapter, no person 

may enter or remain in the safety zone 

created in this section or bring, cause to 

be brought, or allow to remain in the 

safety zone created in this section any 

vehicle, vessel, or object unless 

authorized by the Captain of the Port or 

his designated representative. 

(c) Enforcement period. This safety 

zone is in effect from July 9, 2018, until 

August 31, 2018. It will be subject to 

enforcement this entire period unless 

the COTP, Columbia River determines it 

is no longer needed. The Coast Guard 

will inform mariners of any change to 

this period of enforcement via Broadcast 

Notice to Mariners. 

(d) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer 

may enforce the rules in this section. 

Dated: July 6, 2018. 

D.F. Berliner, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port, Sector Columbia River. 

[FR Doc. 2018–14983 Filed 7–12–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AP27 

Schedule for Rating Disabilities: Skin 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: On August 12, 2016, VA 

published in the Federal Register the 


sradovich on DSK3GMQ082PROD with RULES