Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 45569 

units under the operational control of 

USCG Sector Upper Mississippi River. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s designated representative by 

telephone at 314–269–2332 or on VHF– 

FM channel 16. 

(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 

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: August 27, 2018. 

Scott A. Stoermer, 

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

Sector Upper Mississippi River. 

[FR Doc. 2018–19511 Filed 9–7–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0763] 

RIN 1625–AA00 

Safety Zone; Helocast Water Insertion 

Operation; Black River Bay, Sackets 

Harbor, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 1,000-foot 

radius of the water insertion site located 

600 feet offshore of Sackets Harbor 

Battlefield, Black River Bay, Sackets 

Harbor, NY. This safety zone is intended 

to restrict vessels from portions of the 

Black River Bay during the Helocast 

Water Insertion Training Event. This 

temporary safety zone is necessary to 

protect mariners and vessels from the 

navigational hazards associated with 

this event. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Buffalo. 

DATES: This rule is effective from 6:00 

a.m. until 2:00 p.m. on September 14, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0763 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 LTJG Sean Dolan, Chief 

Waterways Management Division, U.S. 

Coast Guard; telephone 716–843–9322, 

email D09-SMB-SECBuffalo-WWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

event sponsor did not submit notice to 

the Coast Guard with sufficient time 

remaining before the event to publish an 

NPRM. Delaying the effective date 

would be contrary to the rule’s 

objectives of ensuring safety of life on 

the navigable waters and protection of 

persons and vessels in vicinity of the 

fireworks display. 

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 

would be contrary to the rule’s 

objectives of enhancing safety of life on 

the navigable waters and protection of 

persons and vessels in vicinity of the 

Helocast Water Insertion Training 

Event. 

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 Buffalo (COTP) has 

determined that helicopter training with 

swimmers jumping to the water presents 

significant risks to the public safety and 

property. Such hazards include 

excessive winds from helicopter, 

rougher than normal waters, dangerous 

projectiles, and falling debris. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the Helocast Water Insertion 

Training takes place. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

September 14, 2018, from 6:00 a.m. 

until 2:00 p.m. The safety zone will 

encompass all waters of the Black River 

Bay, Sackets Harbor, NY contained 

within a 1,000-foot radius of: 

43°57′11.1′′ N, 76°07′26.3′′ W. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Buffalo or his designated on-scene 

representative. The Captain of the Port 

or his designated on-scene 

representative may be contacted via 

VHF Channel 16. 

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 conclusion that this rule 

is not a significant regulatory action. We 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule will be 

relatively small and enforced for a 

relatively short time. Also, the safety 

zone has been designed to allow vessels 


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45570 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 

to transit around it. Thus, restrictions on 

vessel movement within that particular 

area are expected to be minimal. Under 

certain conditions, moreover, vessels 

may still transit through the safety zone 

when permitted by the Captain of the 

Port. 

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 

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 establishes a 

safety zone. 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.T09–0763 to read as 

follows: 

§ 165.T09–0763 Safety Zone; Helocast 

Water Insertion Training; Black River Bay, 

Sackets Harbor, NY. 

(a) Location. The safety zone will 

encompass all waters of the Black River 

Bay; Sackets Harbor, NY contained 

within a 1,000-foot radius of: 

43°57′11.1′′ N, 76°07′26.3′′ W. 

(b) Enforcement period. This 

regulation will be enforced from 6:00 

a.m. until 2:00 p.m. on September 14, 

2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

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

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 


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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations 45571 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: September 5, 2018. 

Kenneth E. Blair, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Buffalo. 

[FR Doc. 2018–19562 Filed 9–7–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0575] 

RIN 1625–AA00 

Safety Zone; Boston Harbor’s 

Improvement Dredging Project, 

Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing two temporary safety zones 

on the navigable waters of Boston 

Harbor. The first safety zone will be 

around any vessel, barge, or dredging 

equipment actively engaged in dredging 

operations, drilling, or blasting. The 

second safety zone will be around any 

blasting worksites. These safety zones 

are needed to protect personnel, vessels, 

and the marine environment from the 

potential hazards created by the 

dredging, drilling, and blasting 

operations in support of the U.S. Army 

Corps of Engineers Boston Harbor’s 

Improvement Dredging Project. When 

enforced, this regulation prohibits 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Boston or a 

designated representative. 

DATES: This rule is effective from 

September 10, 2018 through August 31, 

2023. 

Comments and related material must 

be received by the Coast Guard during 

the effective period on or before 

December 10, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0575 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. You may submit comments 

identified by docket number USCG– 

2018–0575 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion for further 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mark Cutter, Waterways 

Management Division, U.S. Coast Guard 

Sector Boston, telephone 617–223–4000, 

email Mark.E.Cutter@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 

TIR Temporary Interim Rule 

NPRM Notice of Proposed Rule Making 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On June 1, 2018, U.S. Army Corps of 

Engineers issued a notice allowing the 

Joint Venture of Cashman Dredging Inc. 

and Dutra Group to proceed with the 

improvement-dredging project of Broad 

Sound North Channel, Boston’s Inner 

Harbor Main Ship Channel, Conley 

Terminal including the turning basin or 

‘‘MSC Notch,’’ and President Roads 

Anchorage. The project consists of 

deepening Broad Sound North Channel 

to 51 feet below the surface, and 

Boston’s Inner Harbor Main Ship 

Channel, Conley Terminal including the 

turning basin or ‘‘MSC Notch,’’ and 

President Roads Anchorage each to 47 

feet below the surface. 

The project includes dredging 

approximately 11.7 million cubic yards 

of silt, blue clay, till and weathered rock 

from the Broad South North Channel, 

Boston’s Inner Harbor Main Ship 

Channel, Conley Terminal, and 

President Roads Anchorage. Most of the 

material dredged will be placed at the 

Massachusetts Bay Disposal Site 

(MBDS) approximately 20 miles 

offshore of Boston Harbor. A small 

fraction of the material dredged will be 

placed as a cap to the Main Ship 

Channel Confined Aquatic Disposal 

Cell, just downstream of the inner 

confluence of the Chelsea and Mystic 

Rivers. The initial phase of the dredge 

operation involves using mechanical 

dredges and does not involve any type 

of blasting or drilling operation. At 

some point, once the silt, blue clay, till 

and weathered rock have been removed, 

blasting or drilling may be needed to 

remove the hard rock. Whether blasting 

or drilling will be required, it will not 

be known until the top material has 

been removed and the contractor can 

locate the hard rock spots. The dredge 

operation has begun and will continue 

for 24 hours a day, seven days a week 

for approximately four years. The Coast 

Guard is publishing this rule to be 

effective, and enforceable, through 

August 31, 2023, in case the project is 

delayed due to unforeseen 

circumstances. If the project is 

completed prior to August 31, 2023, 

enforcement of the safety zones will be 

suspended and notice given via 

Broadcast Notice to Mariners, Local 

Notice to Mariners, or both. 

The Coast Guard is issuing this 

temporary interim rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

NPRM with respect to this rule because 

doing so would be impracticable and 

contrary to the public interest. The 

notice allowing the dredging project to 

proceed and providing dates for the 

project 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 dredging project. The late 

finalization of project details did not 

give the Coast Guard enough time to 

publish a NPRM, take public comments, 

and issue a final rule before dredging 

operations begin. It would be 

impracticable and contrary to the public 

interest to publish a NPRM because a 

safety zone must be established as soon 

as possible to protect the safety of the 

waterway users, construction crew, and 

other personnel associated with the 

dredging project. A delay of the 

dredging project to accommodate a full 

notice and comment period would delay 

necessary operations, result in increased 

costs, and delay the date when the 

dredging project is expected to be 

completed and reopen Boston Harbor 

for normal operations. 

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

Guard finds that good cause exists for 

making it effective less than 30 days 

after publication in the Federal 

Register. For reasons stated in the 

preceding paragraph, 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 


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