34770 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations 

point at position 43°00.416′ N, 

082°25.033′ W, following south along 

the international boundary to a point at 

position 42°54.500′ N, 082°27.683′ W, 

extending west to a point on land just 

north of Stag Island at position 

42°54.500′ N, 082°27.966′ W, and 

following north along the U.S. shoreline 

to the point of origin (NAD 83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) of this 

section will be in enforced from 12 p.m. 

through 8 p.m. August 19, 2018. 

(c) Regulations. (1) No vessel or 

person may enter, transit through, or 

anchor within the safety zone unless 

authorized by the Captain of the Port 

Detroit (COTP), or his on-scene 

representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or his on-scene 

representative. 

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

COTP is any Coast Guard 

commissioned, warrant or petty officer 

or a Federal, State, or local law 

enforcement officer designated by or 

assisting the Captain of the Port Detroit 

to act on his behalf. 

(4) Vessel operators shall contact the 

COTP or his on-scene representative to 

obtain permission to enter or operate 

within the safety zone. The COTP or his 

on-scene representative may be 

contacted via VHF Channel 16 or at 

(313) 568–9560. Vessel operators given 

permission to enter or operate in the 

regulated area must comply with all 

directions given to them by the COTP or 

his on-scene representative. 

Dated: July 17, 2018. 

Jeffrey W. Novak, 

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

Port Detroit. 

[FR Doc. 2018–15671 Filed 7–20–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0523] 

RIN 1625–AA00; 1625–AA11 

Regulated Navigation Area and Safety 

Zone, Harlem River and Hudson River, 

Manhattan, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is revising a 

previously established temporary 

regulated navigation area and safety 

zone for waters of the Harlem and 

Hudson Rivers in the vicinity of the 

Amtrak Spuyten Duyvil Railroad Bridge 

at mile 7.9 over the Harlem River. The 

regulated navigation area and safety 

zone protect personnel, vessels, and the 

marine environment from potential 

hazards created by the reinstallation of 

the swing span portion of the Spuyten 

Duyvil Railroad Bridge. During heavy 

lift operations vessels transiting the 

Hudson River must abide by the 

established speed restrictions to 

eliminate vessel wake. During heavy lift 

operations entry of vessels or persons 

into this safety zone is prohibited unless 

specifically authorized by the First 

District Commander or a designated 

representative. 

DATES: This rule is effective without 

actual notice from July 23, 2018 through 

September 30, 2018. For the purposes of 

enforcement, actual notice will be used 

from July 15, 2018 through July 23, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0523 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 Mr. Craig Lapiejko, Waterways 

Management, First Coast Guard District; 

telephone (617) 223–8351, email 

Craig.D.Lapiejko@uscg.mil. You may 

also call or email Mr. Jeff Yunker, 

Waterways Management Division, U.S. 

Coast Guard Sector New York, 

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 

LNM Local Notice to Mariners 

NPRM Notice of proposed rulemaking 

RNA Regulated Navigation Area 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On May 1, 2018, Amtrak sent the U.S. 

Coast Guard a letter describing work it 

would be conducting to remove and 

replace the moveable portion of the 

Spuyten Duyvil Railroad Bridge over the 

Harlem River at mile 7.9. On May 7, 

2018, the U.S. Coast Guard District One 

Bridge Administration notified Amtrak, 

the bridge owner, that it had no 

objections to the proposed project. 

From May 27 to September 29, 2018, 

Amtrak will be repairing the Spuyten 

Duyvil Railroad Bridge. This repair 

project consists of two phases, removal 

and reinstallation, of the swing span of 

the bridge. On June 22, 2018, the Coast 

Guard issued a temporary final rule 

establishing a regulated navigation area 

and safety zone that covered both of 

these phases, 83 FR 29007. On June 26, 

2018 the Coast Guard received 

notification from the repair project 

contractor that the reinstallation of the 

swing span of the bridge is potentially 

delayed and will be conducted over a 

three-day period between July 15, 2018 

and August 4, 2018. As a result the 

Coast Guard is revising this rule so that 

the regulated navigation area and safety 

zone covers the entire three week 

reinstallation phase that remains to be 

completed. 

During the installation of the swing 

span a barge and support vessels will be 

staged near the bridge. The swing span 

will be lifted from a support barge by a 

heavy lift crane barge and installed. The 

preparation for and reinstallation of the 

swing span will take approximately 72 

hours. Amtrak anticipates this work will 

be conducted over a three-day period 

between July 15, 2018 and August 4, 

2018. 

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)(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 the 

schedule for the reinstallation of the 

swing span was only recently finalized 

and provided to the Coast Guard, and 

timely action is needed to respond to 

the potential safety hazards associated 

with this bridge project. The schedule 

for the repairs and notification to the 

Coast Guard was delayed by the late 

finalization of project details, including 

coordinating the heavy lift operations 

with the schedules of known waterway 

users, and writing a Maintenance of 

Waterway Traffic Plan. It is 

impracticable and contrary to the public 

interest to publish an NPRM because we 

must establish this RNA and safety zone 

by July 15, 2018, to allow for timely 

repairs to the bridge’s swing span and 

promote the safety of the public. 


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Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations 34771 

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 

timely action is needed to respond to 

the potential safety hazards associated 

with repairs to the swing span of the 

bridge. 

III. Legal Authority and Need for Rule 

The First District Commander has 

determined that potential hazards 

associated with the bridge swing span 

reinstallation will be a safety concern 

for anyone within approximately 300 

yards of the center of the Spuyten 

Duyvil Railroad Bridge. The RNA and 

safety zone are needed to ensure the 

safety of personnel, vessels, and the 

marine environment from hazards 

associated with the replacement of 

Spuyten Duyvil Railroad Bridge. The 

Coast Guard anticipates that crane 

lifting operations may create the 

potential for falling debris into the 

waterway. The RNA is needed to limit 

vessel speed and wake of all vessels 

operating in the Hudson River in the 

vicinity to minimize the unexpected or 

uncontrolled movement of water. 

Construction operations utilizing a 

crane barge are sensitive to water 

movement, and wake from passing 

vessels could pose significant risk of 

injury or death to construction workers. 

IV. Discussion of the Rule 

This rule revises the RNA and safety 

zone previously established on June 22, 

2018 at 83 FR 29007. On June 26, 2018 

the Coast Guard received notification 

from the repair project contractor that 

the reinstallation of the swing span of 

the bridge is potentially delayed and 

will be conducted over a three-day 

period between July 15, 2018 and 

August 4, 2018. As a result the Coast 

Guard is revising this rule so that the 

regulated navigation area and safety 

zone covers the entire three week 

reinstallation phase that remains to be 

completed. The revised RNA and safety 

zone will be enforceable from 6 a.m. on 

Sunday, July 15, 2018, to 11:59 p.m. on 

Sunday, September 30, 2018. 

The RNA covers all waters of the 

Hudson River, approximately 500 yards 

upstream, and downstream, of the 

Spuyten Duyvil Railroad Bridge from 

surface to bottom bound by the 

following approximate positions starting 

south of a line drawn from 40°53′15.67′′ 

N, 073°56′29.22′′ W, thence to 

40°52′56.48′′ N, 073°55′21.57′′ W, and 

all waters north of a line drawn from 

40°52′47.97′′ N, 073°56′42.85′′ W, thence 

to 40°52′31.58′′ N, 073°55′45.06′′ W 

(NAD 83), excluding the portion of the 

safety zone surrounding the Spuyten 

Duyvil Railroad Bridge as discussed in 

the following paragraph. 

The safety zone covers all waters of 

the Hudson River and Harlem River 

within approximately 300 yards of the 

center of the Spuyten Duyvil Railroad 

Bridge, from surface to bottom, bound 

by the following approximate positions 

starting on the Manhattan side of 

Spuyten Duyvil Railroad Bridge with 

position 40°52′38.20′′ N, 073°55′36.70′′ 

W, thence to 40°52′39.96′′ N, 

073°55′43.75′′ W, thence to 40°52′46.34′′ 

N, 073°55′36.90′′ W, thence to 

40°52′43.98′′ N, 073°55′29.83′′ W, thence 

along the Bronx shoreline to the Henry 

Hudson Bridge at mile 7.2 of the Harlem 

River, thence south across the Harlem 

River following along the Henry Hudson 

Bridge to the Manhattan side, thence 

along the Manhattan shoreline to the 

point of origin (NAD 83). 

BILLING CODE 9110–04–P 


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34772 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations 

BILLING CODE 9110–04–C During operations involving the 

reinstallation of the swing span a safety 

zone will prohibit the transit of vessels 

in the Hudson River and Harlem River 


amozie on DSK3GDR082PROD with RULESER23JY18.000</GPH>

Additional illustrations showing the location of these limited access areas are available in the docket. 
Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations 34773 

within approximately 300 yards of the 

center of the Spuyten Duyvil Railroad 

Bridge. This safety zone will protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the Spuyten Duyvil Railroad 

Bridge swing span reinstallation project. 

Additionally, during the reinstallation 

of the swing span all vessels transiting 

the Hudson River within the RNA will 

be required to follow a ‘‘Slow-No Wake’’ 

speed limit. When this RNA is enforced, 

no vessel may produce a wake nor attain 

speeds greater than five (5) knots unless 

a higher minimum speed is necessary to 

maintain bare steerageway. The heavy 

lift operations involving the 

reinstallation of the bridge swing span 

are currently scheduled to take place 

between July 15, 2018 and August 4, 

2018. The Coast Guard is publishing 

this rule to be effective, and enforceable, 

through September 30, 2018, in case the 

project is delayed due to unforeseen 

circumstances. 

We anticipate enforcing the RNA and 

safety zone during the heavy lift 

operation, occurring between 

approximately July 15, 2018 and August 

4, 2018. The RNA and safety zone is 

expected to be enforced for 

approximately one 72-hour period when 

vessels are preparing for, and 

conducting, the swing span 

reinstallation operations. The duration 

of enforcement for the RNA and safety 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these waters while the bridge span is 

being installed. During the enforcement 

period, all vessels and persons must 

obtain permission from the First District 

Commander or a designated 

representative before entering the safety 

zone. 

The Coast Guard will notify the 

public and local mariners of this RNA 

and safety zone through the Local 

Notice to Mariners (LNM) and Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 in advance of any 

enforcement period. The regulatory text 

we are enforcing appears at the end of 

this document. 

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 following reasons: (1) 

The RNA and safety zone only impact 

a small designated area of the Harlem 

and Hudson Rivers; (2) the RNA and 

safety zone will only be enforced during 

heavy lift operations tentatively 

scheduled to occur between July 15, 

2018 and August 4, 2018, for the swing 

span reinstallation; (3) persons or 

vessels may transit the RNA at any time, 

subject to a speed restriction during any 

periods of enforcement; (4) persons or 

vessels desiring to enter the safety zone 

may do so when the heavy lift 

operations are not in progress; (5) the 

Coast Guard previously published the 

approximate project dates in the LNM 

#18–2018 dated May 2, 2018, LNM #19– 

2018 dated May 9, 2018, LNM #20–2018 

dated May 17, 2018, LNM #21–2018 

dated May 23, 2018, LNM #22 dated 

May 30, 2018, and also requested 

impacted mariners to contact the 

contractor to discuss their schedules 

and receive email schedule updates; (6) 

the contractor contacted known 

waterway users to discuss the project 

and waterway impacts. Although the 

heavy lift operations will result in 

enforcement of a safety zone, closing the 

Harlem River in the vicinity of the 

Spuyten Duyvil Railroad Bridge, this 

operation is scheduled to accommodate 

sight-seeing vessels and marine events 

to the greatest extent possible. 

The Coast Guard will also notify the 

public of the enforcement of this rule 

via appropriate means, such as the LNM 

and Broadcast Notice to Mariners. 

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 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 


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34774 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations 

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 

creation of an RNA and a safety zone, 

both of which are expected to be 

enforced for two periods each lasting 

approximately 72 hours. The RNA is 

will restrict the speed of vessels 

transiting the Hudson River within 

approximately 500 yards upstream and 

downstream of the Spuyten Duyvil 

Railroad Bridge while heavy lift 

operations are conducted. The safety 

zone will prohibit vessels on the 

Hudson and Harlem Rivers from coming 

within approximately 300 yards of the 

center of the Spuyten Duyvil Railroad 

Bridge during heavy lift operations. 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. Revise § 165.T01–0523 to read as 

follows: 

§ 165.T01–0523 Regulated navigation area 

and safety zone; Harlem River and Hudson 

River, Manhattan, NY. 

(a) Location—(1) Regulated navigation 

area. The following is a regulated 

navigation area: All waters of the 

Hudson River, approximately 500 yards 

upstream, and downstream, of the 

Spuyten Duyvil Railroad Bridge from 

surface to bottom starting south of a line 

drawn from 40°53′15.67′′ N, 

073°56′29.22′′ W, thence to 40°52′56.48′′ 

N, 073°55′21.57′′ W, and all waters 

north of a line drawn from 40°52′47.97′′ 

N, 073°56′42.85′′ W, thence to 

40°52′31.58′′ N, 073°55′45.06′′ W (NAD 

83), excluding the portion of the safety 

zone surrounding the Spuyten Duyvil 

Railroad Bridge as described in 

paragraph (a)(2) of this section. 

(2) Safety zone. The following is a 

safety zone: All waters of the Hudson 

River and Harlem River within 

approximately 300 yards of the center of 

the Spuyten Duyvil Railroad Bridge, 

from surface to bottom, bound by the 

following approximate positions starting 

on the Manhattan side of Spuyten 

Duyvil Railroad Bridge with position 

40°52′38.20′′ N, 073°55′36.70′′ W, thence 

to 40°52′39.96′′ N, 073°55′43.75′′ W, 

thence to 40°52′46.34′′ N, 073°55′36.90′′ 

W, thence to 40°52′43.98′′ N, 

073°55′29.83′′ W, thence along the 

Bronx shoreline to the Henry Hudson 

Bridge at mile 7.2 of the Harlem River, 

thence south across the Harlem River 

following along the Henry Hudson 

Bridge to the Manhattan side, thence 

along the Manhattan shoreline to the 

point of origin (NAD 83). 

(b) Definitions. As used in this 

section, a designated representative of 

the First District Commander is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the First District Commander to act 

on his or her behalf. A designated 

representative may be on a Coast Guard 

vessel, other designated craft, or on 

shore and communicating with vessels 

via VHF–FM radio, loudhailer, or by 

phone. Members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of the regulations in 

this section. 

(c) Regulations—(1) Regulated 

navigation area. (i) The general 

regulations contained in 33 CFR 165.13 

apply. 

(ii) During periods of enforcement, 

entry and movement within the RNA is 

subject to a ‘‘Slow-No Wake’’ speed 

limit. No vessel may produce a wake 

nor attain speeds greater than five (5) 

knots unless a higher minimum speed is 

necessary to maintain bare steerageway. 

(iii) During periods of enforcement, 

any vessel transiting within this RNA 

must comply with all directions given to 

them by the First District Commander or 

the First District Commander’s 

designated representative. 

(2) Safety zone. (i) The general 

regulations in 33 CFR 165.23 apply. 

(ii) Entry into, anchoring, loitering, or 

movement within the safety zone is 

prohibited during any periods of 

enforcement, including preparations for 

the heavy lift operations, the heavy lift 

operations, and necessary follow-on 

actions. This prohibition does not apply 

to vessels authorized to be within the 

zone by the District Commander or the 

District Commander‘s designated 

representative. 

(iii) During periods of enforcement, 

any vessel or person transiting through 

the safety zone must comply with all 

orders and directions from the District 

Commander or the District 

Commander‘s designated representative. 

(d) Enforcement periods. This section 

is enforceable 24 hours a day from 6 

a.m. on July 15, 2018 to 11:59 p.m. on 

September 30, 2018. This section will be 

enforced from 6 a.m. on July 15, 2018 

to 11:59 p.m. on August 4, 2018, and at 

any other time during the effective 

period of this section when the COTP 

New York issues a notice of 

enforcement to be published in the 

Federal Register. In addition the COTP 

New York will provide notice by 

Broadcast Notice to Mariners, Local 

Notice to Mariners, or both, to announce 

whenever this section is subject to 

enforcement or whenever an announced 

enforcement period will be suspended. 

Violations of this section may be 

reported to the COTP New York at (718) 

354–4353 or on VHF-Channel 16. 


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Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Rules and Regulations 34775 

Dated: July 11, 2018. 

A.J. Tiongson, 

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

First Coast Guard District. 

[FR Doc. 2018–15711 Filed 7–20–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0224; FRL–9977–82] 

Flonicamid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of flonicamid in 

or on multiple commodities that are 

identified and discussed later in this 

document as well as tolerances with 

regional registrations on clover, forage 

and clover, hay. In addition, this 

regulation removes certain previously 

established tolerances that are 

superseded by this final rule. 

Interregional Research Project Number 4 

(IR–4) requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective July 

23, 2018. Objections and requests for 

hearings must be received on or before 

September 21, 2018, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2017–0224, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the e-CFR site at http://www.ecfr.gov/ 

cgi-bin/text-idx?&c=ecfr&tpl=/ 

ecfrbrowse/Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2017–0224 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before September 21, 2018. Addresses 

for mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2017–0224, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of January 26, 

2018 (83 FR 3658) (FRL–9971–46), EPA 

issued a document pursuant to FFDCA 

section 408(d)(3), 21 U.S.C. 346a(d)(3), 

announcing the filing of a pesticide 

petition (PP 7E8556) by IR–4 Project 

Headquarters, 500 College Road East, 

Suite 201W, Princeton, New Jersey, 

08540. The petition requested that 40 

CFR 180.613 be amended by 

establishing tolerances for residues of 

the insecticide flonicamid, N- 

(cyanomethyl)-4-(trifluoromethyl)-3- 

pyridinecarboxamide, and its 

metabolites, TFNA (4- 

trifluoromethylnicotinic acid), TFNAAM (4-trifluoromethylnicotinamide), 

and TFNG (N-(4- 

trifluoromethylnicotinoyl)glycine), 

calculated as the stoichiometric 

equivalent of flonicamid as follows: 

1. Amend § 180.613(a)(1) by establishing a 

tolerance in or on Celtuce at 4.0 ppm; 

Florence fennel at 4.0 ppm; Kohlrabi at 1.5 

ppm; and Crop Group Expansions/ 

Conversions for Brassica, leafy greens, 

subgroup 4–16B at 16 ppm; Cottonseed 

subgroup 20C at 0.60 ppm; Leaf petiole 

vegetable subgroup 22B at 4.0 ppm; Leafy 

greens subgroup 4–16A, except spinach at 4.0 

ppm; and Vegetable, brassica, head and stem, 

group 5–16 at 1.5 ppm; and 

2. Amend § 180.613(c), Tolerances with 

regional registrations, by establishing a 

tolerance for Clover, forage at 0.9 ppm and 

Clover, hay at 4.0 ppm. 

In addition, upon establishing the 

above tolerances, the petitioner requests 

to remove existing tolerances in 40 CFR 

180.613(a) including Vegetable, leafy, 

except brassica, group 4, except spinach 

at 4.0 ppm; Brassica, head and stem, 

subgroup 5A at 1.5 ppm; Brassica, leafy 

greens, subgroup 5B at 16 ppm; Radish, 

tops, at 16 ppm; Turnip, greens at 16 


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