Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 35553 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide 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 a safety 

zone that will prohibit entry on a onemile stretch of the Lower Mississippi 

River for one hour on one evening. 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.T08–0708 to read as 

follows: 

§ 165.T08–0708 Safety Zone; Lower 

Mississippi River, Natchez, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from mile 

marker 364.5 to mile marker 365.5, 

upriver of the Bienville Trace Scenic 

Byway/US–425 Bridge, Natchez, MS. 

(b) Effective date. This section is 

effective from 9 p.m. through 10 p.m. on 

July 27, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Lower Mississippi River (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 

USCG Sector Lower Mississippi River. 

(2) Persons or vessels seeking to enter 

the safety zone must request permission 

from the COTP or a designated 

representative on VHF–FM channel 16 

or by telephone at 901–521–4822. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: July 20, 2018. 

R. Tamez, 

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

Port Sector Lower Mississippi River. 

[FR Doc. 2018–16076 Filed 7–26–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0686] 

RIN 1625–AA00 

Safety Zone; Kanawha River, Nitro, WV 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Kanawha 

River from mile marker 43.1 to mile 

marker 44.2. This temporary safety zone 

is necessary to protect persons, vessels, 

and the marine environment from 

potential hazards associated with the 

Riverfest fireworks display. Entry into 

this safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley or a 

designated representative. 

DATES: This rule is effective from 8:45 

p.m. through 10:15 p.m. on August 4, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0686 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 Caitlin Furman, 

Marine Safety Unit Huntington, U.S. 

Coast Guard; telephone 304–733–0198, 

email caitlin.c.furman@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Ohio 

Valley 

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)(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. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by August 4, 

2018, and we lack sufficient time to 

provide reasonable comment period and 

then consider those comments before 

issuing the rule. The NPRM process 

would delay the establishment of the 

safety zone until after the date of the 

event 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 public interest because 

immediate action is necessary to protect 

persons, vessels, and the marine 


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35554 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 

environment from the potential hazards 

associated with the fireworks display. 

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 Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with a fireworks 

display taking place over this section of 

the Kanawha River will be a safety 

concern for anyone within a one-mile 

stretch of the waterway. This rule is 

needed to protect persons, vessels, and 

the marine environment in the 

navigable waters within the safety zone 

before, during, and after the scheduled 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone for the Riverfest fireworks 

display from 8:45 p.m. until 10:15 p.m. 

on August 4, 2018. The safety zone 

covers all navigable waters of the 

Kanawha River from mile marker (MM) 

43.1 to MM 44.2, in Nitro, WV. The 

duration of this safety zone is intended 

to protect persons, vessels, and the 

marine environment in these navigable 

waters during the fireworks display. 

No vessel or person is permitted to 

enter this 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 USCG Sector 

Ohio Valley. To seek permission to 

enter, contact the COTP or designated 

representative via radio on channel 16 

or by telephone at 1–800–253–7465. If 

permission is granted, all persons and 

vessels shall transit at their slowest safe 

speed and comply with the instructions 

of the COTP or designated 

representative. The COTP or a 

designated representative will inform 

the public of any changes in the date 

and times of enforcement through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Safety Marine Information Broadcasts 

(SMIBs), 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, and 

duration of the temporary safety zone. 

This rule involves a temporary safety 

zone lasting only one hour and thirty 

minutes that will prohibit entry on a 

one-mile stretch of the Kanawha River 

on one evening. Moreover, the Coast 

Guard will issue a BNMs via VHF–FM 

marine channel 16 about the safety 

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. 

While some owners or operators of 

vessels intending to transit the 

temporary 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 


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Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 35555 

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 lasting only one hour and thirty 

minutes that will prohibit entry on a 

one-mile stretch of the Kanawha River 

on one evening. 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.T08–0686 to read as 

follows: 

§ 165.T08–0686 Safety Zone; Kanawha 

River, Nitro, WV. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Kanawha River from mile marker (MM) 

43.1 to MM 44.2. 

(b) Effective period. This section is 

effective from 8:45 p.m. through 10:15 

p.m. on August 4, 2018. 

(c) Regulations. (1) Under the general 

regulations in § 165.23 of this part, entry 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Sector Ohio Valley (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 USCG Sector 

Ohio Valley. 

(2) To seek permission to enter, 

contact the COTP or designated 

representative via radio on channel 16 

or by telephone at 1–800–253–7465. 

(3) If permission is granted, all 

persons and vessels shall transit at their 

slowest safe speed and comply with the 

instructions of the COTP or designated 

representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of any changes in the 

date and times of enforcement through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Safety Marine Information Broadcasts 

(SMIBs), as appropriate. 

Dated: July 18, 2018. 

M.B. Zamperini, 

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

Port Sector Ohio Valley. 

[FR Doc. 2018–16064 Filed 7–26–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2008–0084; FRL–9981– 

36—Region 6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Old Esco Manufacturing 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is publishing a 

direct final Notice of Deletion of the Old 

Esco Manufacturing, Superfund Site 

(Site), located in Greenville, Texas, from 

the National Priorities List (NPL). The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Texas, through the Texas Commission 

on Environmental Quality (TCEQ), 

because EPA has determined that all 

appropriate response actions under 

CERCLA, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective September 10, 2018 unless 

EPA receives adverse comments by 

August 27, 2018. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2008–0084, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

• Email: mueller.brian@epa.gov. 

• Mail: Brian W. Mueller; U.S. 

Environmental Protection Agency, 

Region 6; Superfund Division (6SF–RL); 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733; Contact: Brian W. Mueller (214) 

665–7167. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2008– 

0084. The http://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA without 


amozie on DSK3GDR082PROD with RULES