39880 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

drawtender and in only one instance 

was a one-hour advance notice given. In 

all other instances, a notification of 30 

minutes or less was given to the 

drawtender and the bridge opened for 

the passage of those vessels. The Coast 

Guard received five comments, via the 

Federal eRulemaking Portal, related to 

the initial test deviation. Four of the five 

comments indicated the 2-hour notice 

would be a burden on waterway users. 

In order to meet the reasonable needs 

of navigation, while benefiting rail 

transportation, the Coast Guard is 

publishing this alternate temporary 

deviation to the proposed schedule 

change to determine whether a 

permanent change to the schedule is 

appropriate to better balance the needs 

of marine and rail traffic. 

Under this temporary deviation, in 

effect from 6 a.m. on August 20, 2018 

to 6 a.m. on October 18, 2018, the bridge 

shall open on signal from 3 a.m. to 11 

p.m. if at least 30 minutes notice is 

given to the drawtender. At all other 

times, the draw shall be maintained in 

the fully open position, except for the 

passage of trains or for maintenance. To 

request an opening, mariners can 

contact the drawtender via marine radio 

VHF–FM channel 16/9 or by telephone 

at (707) 890–8650. Vessels able to pass 

through the bridge in the closed 

position may do so at any time. The 

bridge will be required to open as soon 

as practicable for vessels engaged in 

emergency response. SMART will log 

dates and times of vessels requesting 

openings. There are no alternate routes 

for vessels transiting upstream of the 

bridge on the Petaluma River. 

The Coast Guard will also inform the 

users of the waterways through our 

Local and Broadcast Notices to Mariners 

and through direct outreach to local 

harbors, marinas, and water-based 

business of the temporary change in the 

operating schedule for the bridge so that 

vessel operators 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 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. 

II. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and 

materials received during the comment 

period. Your comments can help shape 

the outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacynotice. 

Documents mentioned in this notice 

as being available in this docket and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

Dated: August 7, 2018. 

Carl T. Hausner, 

District Bridge Chief, Eleventh Coast Guard 

District. 

[FR Doc. 2018–17234 Filed 8–10–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–0512] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Chevron Oil Company Canal, 

Fourchon, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the State Route (SR) 3090 

Bridge, mile 0.05, across the Chevron 

Oil Company Canal, at Fourchon, 

Lafourche Parish, LA. The drawbridge 

was removed in May 7, 2018 and the 

operating regulation is no longer 

applicable or necessary. 

DATES: This rule is effective August 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– 

0512. In the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Ms. Donna Gagliano, Bridge 

Branch Office, Eighth District, U.S. 

Coast Guard; telephone 504–671–2128, 

email Donna.Gagliano@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 

SR State Road 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this final 

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 the 

State Route (SR) 3090 Bridge, mile 0.05, 

across the Chevron Oil Company Canal, 

at Fourchon, Lafourche Parish, LA (SR 

3090 Bridge), that once required draw 

operations in 33 CFR 117.437, was 

removed from the waterway. Therefore, 

the regulation is no longer applicable 

and shall be removed from publication. 

It is unnecessary to publish an NPRM 

because this regulatory action does not 

purport to place any restrictions on 

mariners but rather removes a 

restriction that has no further use or 

value. 

Under 5 U.S.C. 553(d)(3), and for the 

same reasons stated in the preceding 

paragraph, the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

On May 7, 2018, the SR 3090 Bridge, 

mile 0.05, across the Chevron Oil 


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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39881 

Company Canal, at Fourchon, Lafourche 

Parish, LA was removed in its entirety. 

It has come to the attention of the Coast 

Guard that the governing regulation for 

this drawbridge was never removed 

subsequent to the removal of the 

drawbridge completion. The elimination 

of this drawbridge necessitates the 

removal of the drawbridge operation 

regulation, 33 CFR 117.437, which 

pertained to the former drawbridge. 

The purpose of this rule is to remove 

33 CFR 117.437 that refers to the 

Chevron Oil Company Canal, SR 3090 

Bridge, mile 0.05, from the Code of 

Federal Regulations because it governs a 

bridge that is no longer in existence. 

IV. Discussion of Final Rule 

The Coast Guard is removing the 

regulation in 33 CFR 117.437 and the 

regulatory burden related to the draw 

operations for this bridge that is no 

longer in existence. This change does 

not affect waterway or land traffic. 

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 protesters. 

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, it 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 fact that the bridge was 

removed from the waterway and no 

longer operates as a drawbridge. The 

removal of the operating schedule from 

33 CFR 117 Subpart B will have no 

effect on the movement of waterway or 

land traffic. 

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. 

For the reasons stated in section IV.A 

above this final rule would 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 

Government 

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 

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 

determination that this action is one of 

a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule simply removes 

the operating regulations or procedures 

for a drawbridge no longer in existence. 

This action is categorically excluded 

from further review, under figure 2–1, 

paragraph (32)(e), of the Instruction. 

A Record of Environmental 

Consideration and a Memorandum for 

the Record are not required for this rule. 

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 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 


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39882 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 117.437 [Removed] 

■ 2. Remove § 117.437. 

Dated: July 30, 2018. 

Paul F. Thomas, 

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

Eighth Coast Guard District. 

[FR Doc. 2018–17271 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–2018–0372] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile Markers 94 to 97 Above Head of 

Passes, New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent safety zone for 

the navigable waters of the Lower 

Mississippi River between mile marker 

(MM) 94 and MM 97, above Head of 

Passes. This action is necessary to 

provide for the safety of life on these 

navigable waters during firework 

displays. This regulation prohibits 

vessels from entering the safety zone 

before, during, and after the firework 

displays unless authorized by the 

Captain of the Port Sector New Orleans 

or a designated representative. 

DATES: This rule is effective September 

12, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0372 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 about this proposed 

rulemaking, call or email Lieutenant 

Commander Benjamin Morgan, Sector 

New Orleans, U.S. Coast Guard; 

telephone 504–365–2231, email 

Benjamin.P.Morgan@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector New 

Orleans 

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 Captain of the Port 

Sector New Orleans (COTP) is 

establishing a permanent safety zone on 

the Lower Mississippi River in order to 

better provide for the safety of life on 

these navigable waters during firework 

displays. The COTP has determined that 

a large and increasing volume of the 

firework displays occurring within 

Sector New Orleans’ area of 

responsibility take place at locations 

between mile markers (MMs) 94 and 97 

above Head of Passes on the Lower 

Mississippi River. Many of these events 

recur annually and are listed in Table 5 

of 33 CFR 165.801 titled Sector New 

Orleans Annual and Recurring Safety 

Zones. However, a substantial and 

increasing number of these firework 

displays are one-time events associated 

with conventions, weddings, festivals, 

etc. By creating a permanent safety zone 

that can be enforced through a notice of 

enforcement, the COTP can more 

efficiently provide for the safety of life 

on these navigable waters. Therefore, on 

June 18, 2018, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Lower Mississippi River, Mile Markers 

94 to 97 Above Head of Passes, New 

Orleans, LA (83 FR 28175). There we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to this 

fireworks display safety zone. During 

the comment period that ended on July 

18, 2018, we received two comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

COTP has determined that a permanent 

safety zone that can be enforced as 

necessary for fireworks displays will 

better allow the COTP to provide for the 

safety of life. A large and increasing 

number of marine events has been 

occurring on the Lower Mississippi 

River, with the bulk of the events 

occurring within the same three-mile 

stretch of river. This rule allows for 

more timely and efficient responses to 

these requests and will also greatly 

reduce the administrative burden the 

COTP encounters with establishing 

individual safety zones for these various 

events. The purpose of this rulemaking 

is to ensure the safety of life on these 

navigable waters within this three-mile 

segment of the Lower Mississippi River 

before, during, and after firework 

displays. Potential hazards associated 

with firework displays include the 

accidental discharge of fireworks, 

dangerous projectiles, and falling 

embers and other debris. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received two 

comments on our NPRM published on 

June 18, 2018. One comment was 

unrelated to the rule. The second 

comment requested that the regulatory 

text include geographic coordinates in 

degrees-minutes-seconds with an 

associated horizontal datum in order to 

accurately depict the safety zone 

boundaries on NOAA nautical charts. 

The Coast Guard agrees that the 

requested information would be helpful 

for NOAA and the public to identify the 

boundaries of the zone. The regulatory 

text of this final rule has been updated 

to include this information. 

This rule establishes a permanent 

safety zone between mile marker (MM) 

94 (29°57′32′′ N, 90°03′05′′ W) and MM 

97 (29°55′19′′ N, 90°04′00′′ W), NAD83 

datum, on the Lower Mississippi River, 

above Head of Passes. While this zone 

encompasses a three-mile section of the 

waterway, the COTP will limit the 

enforcement of the zone only to the 

areas necessary for the protection of life 

on these navigable waters before, 

during, and after firework displays. No 

vessel or person is permitted to enter 

the safety zone without obtaining 

permission from the COTP or a 

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 

USCG Sector New Orleans. Persons and 

vessels requiring entry into this 

proposed 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. 

Persons and vessels permitted to enter 

the safety zone must transit at their 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

the designated representative. 

In accordance with 33 CFR 165.7, for 

each enforcement of the safety zone 

established under this proposed rule, 

the COTP will publish a notice of 

enforcement in the Federal Register as 

early as practicable. The COTP or a 

designated representative will inform 


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