39884 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

§ 165.845 Safety Zone; Lower Mississippi 

River, mile markers 94 to 97 above Head of 

Passes, New Orleans, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River, New Orleans, 

LA from mile marker (MM) 94 

(29°57′32′′ N, 90°03′05′′ W) to MM 97 

(29°55′19′′ N, 90°04′00′′ W), NAD83 

datum, on the Lower Mississippi River, 

above Head of Passes. 

(b) Enforcement period. The safety 

zone established by this section will be 

enforced only upon notice of the 

Captain of the Port Sector New Orleans 

(COTP). In accordance with 33 CFR 

165.7, for each enforcement of a safety 

zone established under this section, the 

COTP will publish a notice of 

enforcement in the Federal Register as 

early as practicable. In addition, the 

COTP will also inform the public of the 

enforcement area and times of this 

section as indicated in paragraph (d) of 

this section. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited to all vessels and persons 

except vessels authorized by the COTP 

or designated representative. A 

designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer of the U.S. Coast Guard 

assigned to units under the operational 

control of Sector New Orleans. 

(2) Persons and 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 

or by telephone at (504) 365–2200. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

period of this safety zone through Vessel 

Traffic Service Advisories, Broadcast 

Notices to Mariners (BNMs), Local 

Notice to Mariners (LNMs), and/or 

Marine Safety Information Bulletins 

(MSIBs) as appropriate. 

Dated: August 6, 2018. 

K.M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–17263 Filed 8–10–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0718] 

RIN 1625–AA00 

Safety Zone; Allegheny River, Miles 

43.5 to 45.5, Kittanning, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Allegheny 

River, extending the entire width of the 

river, from mile marker (MM) 43.5 to 

MM 45.5. This safety zone is necessary 

to protect persons, property, and the 

marine environment from potential 

hazards associated with a boat race. 

Entry of persons or vessels 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 each day 

from 9 a.m. to 8 p.m. from August 17, 

2018, through August 19, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0718 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 Charles Morris, 

Marine Safety Unit Pittsburgh, U.S. 

Coast Guard; telephone 412–221–0807, 

email Charles.F.Morris@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 

MM Mile marker 

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. This safety zone must be 

established by August 17, 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 boat race 

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 this rule would be 

contrary to the public interest because 

immediate action is necessary to 

respond to the potential safety hazards 

associated with this boat race. 

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 this 

boat race will be a safety hazard for 

anyone within a two-mile stretch of the 

Allegheny River. The rule is needed to 

protect persons, property, and the 

marine environment in the navigable 

waters within the safety zone before, 

during, and after the boat race. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 a.m. on August 17, 2018 through 

8 p.m. on August 19, 2018. The safety 

zone will be enforced each day during 

the effective period from 9 a.m. through 

8 p.m. The safety zone will cover all 

navigable waters of the Allegheny River, 

extending the entire width of the river, 

from mile marker (MM) 43.5 to MM 

45.5. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters before, during, and 

after the boat race. 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 USCG Marine 

Safety Unit Pittsburgh. Persons and 

vessels seeking entry into this safety 

zone must request permission from the 

COTP or a designated representative. 


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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39885 

They may be contacted on VHF–FM 

Channel 16 or by telephone at (412) 

221–0807. Persons and vessels 

permitted to enter this safety zone must 

transit at their slowest safe speed and 

comply with all lawful instructions of 

the COTP or a designated 

representative. The COTP or a 

designated representative will inform 

the public of the enforcement period for 

the safety zone as well as any changes 

in the schedule through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Marine Safety Information Broadcasts 

(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, time, duration, and 

location of the safety zone. This safety 

zone encompasses a two-mile stretch of 

the Allegheny River for eleven hours on 

each of three days. Moreover, the Coast 

Guard will issue a Broadcast Notice to 

Mariners (BNMs) 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. 

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 

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 eleven hours that will 

prohibit entry on a two-mile stretch of 

the Allegheny River on each of three 

days. 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: 


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39886 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

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.T08–0718 to read as 

follows: 

§ 165.T08–0718 Safety Zone; Allegheny 

River, miles 43.5 to 45.5, Kittanning, PA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Allegheny River, extending the entire 

width of the river, from mile marker 

(MM) 43.5 to MM 45.5. 

(b) Effective period. This section is 

effective each day from 9 a.m. through 

8 p.m. August 17, 2018 through August 

19, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Marine Safety Unit Pittsburgh (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 Marine Safety Unit Pittsburgh. 

(2) Persons and vessels seeking 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 by 

telephone at (412) 221–0807. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful instructions of the COTP 

or a designated representative. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement period for the safety zone 

as well as any changes in the schedule 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Broadcasts (MSIBs) as 

appropriate. 

Dated: August 6, 2018. 

F.M. Smith, 

Lieutenant Commander, U.S. Coast Guard, 

Acting Captain of the Port Marine Safety Unit 

Pittsburgh. 

[FR Doc. 2018–17262 Filed 8–10–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AQ10 

Automatic Burial Benefits for 

Previously Unestablished Surviving 

Spouses 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Department of Veterans Affairs (VA) 

regulation governing persons who may 

receive VA burial benefits on behalf of 

a deceased veteran. As amended, the 

regulation reflects VA’s current policy 

of paying an automatic burial benefit to 

surviving spouses who were not 

established in VA systems as a veteran’s 

spouse at the time of the veteran’s 

death. The intended effect of this 

amendment is to ensure that a veteran’s 

surviving spouse receives burial benefits 

to which he or she is entitled at the 

earliest possible time. 

DATES: This final rule is effective August 

13, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Julieann (Jewels) Brantseg, Pension 

Analyst, Pension and Fiduciary Service, 

Veterans Benefits Administration, 

Department of Veterans Affairs, 810 

Vermont Ave. NW, Washington, DC 

20420, (202) 632–8863. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: This final 

rule amends the VA regulation 

regarding persons who may receive 

burial benefits, paid by the Veterans 

Benefits Administration (VBA), to 

ensure that the regulation properly 

reflects current VBA policy. On June 6, 

2014, VA published in the Federal 

Register final burial regulations that 

permit VBA to automate certain burial 

allowance payments, pay flat-rate burial 

and plot or interment allowances, and 

establish priority of payments to certain 

survivors and estate representatives. 

Burial Benefits, 79 FR 32653. The 

revised burial regulations became 

effective July 7, 2014. See 79 FR 32653. 

Burial regulations at 38 CFR 3.1700 

through 3.1713 streamlined VBA’s 

burial benefits program to ensure that 

VBA quickly, efficiently, and accurately 

delivers benefits to survivors and other 

individuals who incur the cost of a 

veteran’s burial and funeral. The 

regulations established rules for the 

automatic payment of burial allowances 

that facilitated payment to many 

surviving spouses at the time VA 

updates its computer system to reflect 

the veteran’s date of death. Other 

individuals seeking reimbursement for 

burial expenses are paid on a first-to-file 

basis. 

On December 16, 2016, Congress 

enacted Public Law 114–315, Sec. 101, 

which authorized VA to pay benefits 

under 38 U.S.C. chapters 13 and 15 and 

sections 2302, 2307, and 5121 ‘‘to a 

survivor of a veteran who has not filed 

a formal claim if [VA] determines that 

the record contains sufficient evidence 

to establish the entitlement of the 

survivor to such benefits.’’ See 38 U.S.C. 

5101(a)(1)(B). This new statutory 

provision essentially affirmed VA’s 

practice of providing automatic burial 

payments to surviving spouses under 

the current regulation. This rule brings 

about a procedural change that would 

allow VA to provide automatic burial 

payments to other surviving spouses 

whom VA determines are entitled to 

such benefits based on the record at the 

time VA updates its computer system to 

reflect the veteran’s death, which we 

believe is consistent with the intent of 

section 5101(a)(1)(B). 

Therefore, at this time, we amend 38 

CFR 3.1702, which pertains to persons 

who may receive burial benefits and the 

priority of payments. The change in this 

final rule reflects the intent of the 

original amendments—to expedite the 

payment of these small, one-time benefit 

payments to survivors who generally 

have an immediate need for 

supplemental financial assistance after 

the veteran’s death. 

We amend § 3.1702(a), which permits 

VA to make automatic burial benefit 

payments to a deceased veteran’s 

surviving spouse when VA is able to 

determine eligibility based on evidence 

of record at the time VA updates its 

computer system to reflect the veteran’s 

date of death. We amend paragraph (a) 

to specifically state that a surviving 

spouse may receive an automatic burial 

benefit under certain circumstances, 

whether or not previously established as 

a dependent spouse on the veteran’s 

compensation or pension award at the 

time of the veteran’s death. There are 

several reasons why VA systems may 

not reflect the existence of a spouse at 

the time of a veteran’s death even 

though a spouse does, in fact, exist. This 

could occur if a veteran was receiving 

disability compensation but was rated 

less than 30-percent disabled under the 

rating schedule. Such veterans with a 

service-connected disability rating of 

less than 30 percent are not entitled to 

additional compensation for spouses. 

See 38 U.S.C. 1115. It could also occur 

if a veteran has never claimed his or her 

spouse as a dependent. In addition, VA 

systems could show a spouse who is not 

the current spouse. This could occur if 


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