83_FR_24323 83 FR 24221 - Safety Zone; Bath Creek, Bath, NC

83 FR 24221 - Safety Zone; Bath Creek, Bath, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 102 (May 25, 2018)

Page Range24221-24223
FR Document2018-11259

The Coast Guard is establishing a temporary safety zone for navigable waters of Bath Creek near Bath, North Carolina, in support of a fireworks display on May 26, 2018. This temporary safety zone is intended to restrict vessel traffic from a portion of Bath Creek during the Bath Festival fireworks display to protect the life and property of the maritime public and spectators from the hazards posed by aerial fireworks displays. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) North Carolina or a designated representative.

Federal Register, Volume 83 Issue 102 (Friday, May 25, 2018)
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Rules and Regulations]
[Pages 24221-24223]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11259]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0416]
RIN 1625-AA00


Safety Zone; Bath Creek, Bath, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Bath Creek near Bath, North Carolina, in support of 
a fireworks display on May 26, 2018. This temporary safety zone is 
intended to restrict vessel traffic from a portion of Bath Creek during 
the Bath Festival fireworks display to protect the life and property of 
the maritime public and spectators from the hazards posed by aerial 
fireworks displays. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
(COTP) North Carolina or a designated representative.

DATES: This rule is effective from 8:30 p.m. through 9:00 p.m. on May 
26, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0416 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 Chief Petty Officer Joshua O'Rourke, Waterways Management 
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; 
telephone 910-772-2227, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

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

[[Page 24222]]

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 it is impracticable and contrary to the public interest. 
The publishing of an NPRM would be impracticable and contrary to the 
public interest since immediate action is needed to minimize potential 
danger to the participants and the public during the event.
    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 contrary to public interest because immediate action 
is needed to protect persons and vessels from the hazards associated 
with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP North Carolina has determined that potential hazards 
associated with the Bath Festival fireworks display on May 26, 2018, is 
a safety concern for maritime spectators during the launch of fireworks 
on Bath Creek in Bath, North Carolina. This rule is necessary to 
protect persons and vessels from the potential hazards associated with 
the aerial fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:30 p.m. until 9 p.m. on 
May 26, 2018. The safety zone will include all navigable waters within 
150 yard radius of the fireworks barge at approximate position: 
Latitude 35[deg]28'04'' N, longitude 076[deg]48'55'' W, on Bath Creek, 
Bath, North Carolina. This safety zone is being established for the 
safety of the maritime spectators observing the fireworks display. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. All 
vessels within this safety zone when this section becomes effective 
must depart the zone immediately. To request permission to remain in, 
enter, or transit through the safety zone, vessels should contact the 
COTP North Carolina or the COTP North Carolina's representative through 
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington, 
North Carolina, at telephone number 910-343-3882, or on VHF-FM marine 
band radio channel 13 (165.65 MHz) or channel 16 (156.8 MHz).

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 safety zone. The half hour regulation 
enforcement period should not overly burden vessel traffic based on the 
short duration of the period. Smaller vessels will be able to safely 
transit around this safety zone, which will impact a designated area of 
Bath Creek, Bath, NC. Additionally, the rule allows vessels to seek 
permission to enter the zone. The Coast Guard will issue a Broadcast 
Notice to Mariners to notify vessels in the region of the establishment 
of this regulation.

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 the precise number of small entities impacted is unknown, 
Bath Creek has a low number of vessels transiting the area planned for 
the safety zone, during the enforcement period. Although, 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

[[Page 24223]]

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 half an hour that will prohibit entry into a 
portion of Bath Creek, Bath, NC. 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

0
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.


0
2. Add Sec.  165.T05-0416 to read as follows:


Sec.  165.T05-0416  Safety Zone, Bath Creek, Bath, NC.

    (a) Location. The following area is a safety zone: All navigable 
waters within a 150 yard radius of the fireworks barge at approximate 
position: Latitude 35[deg]28'04'' N, longitude 076[deg]48'55'' W, on 
Bath Creek, Bath, North Carolina.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard commissioned, warrant, or petty officer 
designated by the Captain of the Port North Carolina (COTP) for the 
enforcement of the safety zone.
    Captain of the Port means the Commander, Sector North Carolina.
    (c) Regulations. (1) The general regulations governing safety zones 
in subpart C of this part apply to the area described in paragraph (a) 
of this section.
    (2) With the exception of the fireworks barge and crew, entry into 
or remaining in this safety zone is prohibited unless authorized by the 
COTP North Carolina or the COTP North Carolina's designated 
representative. All other vessels must depart the zone immediately.
    (3) All vessels within this safety zone when this section becomes 
effective must depart the zone immediately.
    (4) To request permission to remain in, enter, or transit through 
the safety zone, contact the COTP North Carolina or the COTP North 
Carolina's representative through the Coast Guard Sector North Carolina 
Command Duty Officer, Wilmington, North Carolina, at telephone number 
910-343-3882, or on VHF-FM marine band radio channel 13 (165.65 MHz) or 
channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.

    Dated: May 16, 2018.
Bion B. Stewart,
Captain, U. S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-11259 Filed 5-24-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations                                         24221

                                                Authority: 33 U.S.C. 1233; 33 CFR 1.05–            regulated area. When hailed or signaled               DEPARTMENT OF HOMELAND
                                           1.                                                      by an official patrol, a vessel or person             SECURITY
                                           ■ 2. Add § 100.501T05–1054 to read as                   in the regulated area shall immediately
                                           follows:                                                comply with the directions given.                     Coast Guard
                                                                                                   Failure to do so may result in expulsion
                                           § 100.501T05–1054 Special Local                                                                               33 CFR Part 165
                                           Regulation; Chesapeake Bay, between                     from the area, citation for failure to
                                           Sandy Point and Kent Island, MD.                        comply, or both. The Coast Guard Patrol               [Docket Number USCG–2018–0416]
                                              (a) Regulated area. The following                    Commander may terminate the event, or
                                                                                                   the operation of any support vessel                   RIN 1625–AA00
                                           location is a regulated area: All
                                           navigable waters of the Chesapeake Bay,                 participating in the event, at any time it
                                                                                                                                                         Safety Zone; Bath Creek, Bath, NC
                                           adjacent to the shoreline at Sandy Point                is deemed necessary for the protection
                                           State Park and between and adjacent to                  of life or property.                                  AGENCY:    Coast Guard, DHS.
                                           the spans of the William P. Lane Jr.                       (2) Except for participants and vessels            ACTION:   Temporary final rule.
                                           Memorial Bridges, from shoreline to                     already at berth, all persons and vessels
                                           shoreline, bounded to the north by a                                                                          SUMMARY: The Coast Guard is
                                                                                                   within the regulated area at the time it
                                           line drawn from the western shoreline                                                                         establishing a temporary safety zone for
                                                                                                   is implemented are to depart the
                                           at latitude 39°01′05.23″ N, longitude                                                                         navigable waters of Bath Creek near
                                                                                                   regulated area.
                                           076°23′47.93″ W; thence eastward to                                                                           Bath, North Carolina, in support of a
                                           latitude 39°01′02.08″ N, longitude                         (3) Persons and vessels desiring to                fireworks display on May 26, 2018. This
                                           076°22′40.24″ W; thence southeastward                   transit, moor, or anchor within the                   temporary safety zone is intended to
                                           to eastern shoreline at latitude                        regulated area must first obtain                      restrict vessel traffic from a portion of
                                           38°59′13.70″ N, longitude 076°19′58.40″                 authorization from the COTP                           Bath Creek during the Bath Festival
                                           W; and bounded to the south by a line                   Maryland—National Capital Region or                   fireworks display to protect the life and
                                           drawn parallel and 500 yards south of                   Coast Guard Patrol Commander. The                     property of the maritime public and
                                           the south bridge span that originates                   COTP Maryland—National Capital                        spectators from the hazards posed by
                                           from the western shoreline at latitude                  Region can be contacted at telephone                  aerial fireworks displays. Entry of
                                           39°00′17.08″ N, longitude 076°24′28.36″                 number 410–576–2693 or on Marine                      vessels or persons into this zone is
                                           W; thence southward to latitude                         Band Radio, VHF–FM channel 16 (156.8                  prohibited unless specifically
                                           38°59′38.36″ N, longitude 076°23′59.67″                 MHz). During the enforcement period,                  authorized by the Captain of the Port
                                           W; thence eastward to latitude                          persons or vessel operators may request               (COTP) North Carolina or a designated
                                           38°59′26.93″ N, longitude 076°23′25.53″                 permission to transit, moor, or anchor                representative.
                                           W; thence eastward to the eastern                       within the regulated area from the Coast              DATES: This rule is effective from 8:30
                                           shoreline at latitude 38°58′40.32″ N,                   Guard Patrol Commander on Marine                      p.m. through 9:00 p.m. on May 26, 2018.
                                           longitude 076°20′10.45″ W, located                      Band Radio, VHF–FM channel 16 (156.8                  ADDRESSES: To view documents
                                           between Sandy Point and Kent Island,                    MHz).                                                 mentioned in this preamble as being
                                           MD. All coordinates reference North                                                                           available in the docket, go to http://
                                           American Datum 83 (NAD 1983).                              (4) The Coast Guard may be assisted
                                                                                                   in the patrol and enforcement of the                  www.regulations.gov, type USCG–2018–
                                              (b) Definitions. (1) Captain of the Port                                                                   0416 in the ‘‘SEARCH’’ box and click
                                           (COTP) Maryland—National Capital                        regulated area by other Federal, State,
                                                                                                                                                         ‘‘SEARCH.’’ Click on Open Docket
                                           Region means the Commander, U.S.                        and local agencies. The Coast Guard
                                                                                                                                                         Folder on the line associated with this
                                           Coast Guard Sector Maryland—National                    Patrol Commander and official patrol                  rule.
                                           Capital Region or any Coast Guard                       vessels enforcing this regulated area can
                                                                                                                                                         FOR FURTHER INFORMATION CONTACT: If
                                           commissioned, warrant, or petty officer                 be contacted on marine band radio
                                                                                                                                                         you have questions on this rule, call or
                                           who has been authorized by the Captain                  VHF–FM channel 16 (156.8 MHz) and
                                                                                                                                                         email Chief Petty Officer Joshua
                                           of the Port to act on his behalf.                       channel 22A (157.1 MHz).
                                              (2) Coast Guard Patrol Commander                                                                           O’Rourke, Waterways Management
                                                                                                      (5) The Coast Guard will publish a                 Division, U.S. Coast Guard Sector North
                                           means a commissioned, warrant, or                       notice in the Fifth Coast Guard District
                                           petty officer of the U.S. Coast Guard                                                                         Carolina, Wilmington, NC; telephone
                                                                                                   Local Notice to Mariners and issue a                  910–772–2227, email
                                           who has been designated by the
                                                                                                   marine information broadcast on VHF–                  Joshua.P.Orourke@uscg.mil.
                                           Commander, Coast Guard Sector
                                           Maryland—National Capital Region.                       FM marine band radio announcing                       SUPPLEMENTARY INFORMATION:
                                              (3) Official Patrol means any vessel                 specific event date and times.
                                                                                                                                                         I. Table of Abbreviations
                                           assigned or approved by Commander,                         (d) Enforcement period. This section
                                           Coast Guard Sector Maryland—National                    will be enforced from 7 a.m. to 1:30 p.m.             CFR Code of Federal Regulations
                                           Capital Region with a commissioned,                     on June 2, 2018, and, if necessary due                DHS Department of Homeland Security
                                           warrant, or petty officer on board and                  to inclement weather, from 7 a.m. to                  FR Federal Register
                                           displaying a Coast Guard ensign.                        1:30 p.m. on June 3, 2018.                            NPRM Notice of proposed rulemaking
                                              (4) Participant means all persons and                                                                      § Section
                                           vessels registered with the event                         Dated: May 17, 2018.                                U.S.C. United States Code
                                           sponsor as participating in the Bay                     Joseph B. Loring,                                     COTP Captain of the Port
                                           Bridge Paddle event or otherwise                        Captain, U.S. Coast Guard, Captain of the
                                                                                                   Port Maryland—National Capital Region.                II. Background Information and
                                           designated by event sponsor as having
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                                                                                                                                                         Regulatory History
                                           a function tied to the event.                           [FR Doc. 2018–10990 Filed 5–24–18; 8:45 am]
                                              (c) Special local regulations. (1) The               BILLING CODE 9110–04–P                                  The Coast Guard is issuing this
                                           COTP or Coast Guard Patrol                                                                                    temporary rule without prior notice and
                                           Commander may forbid and control the                                                                          opportunity to comment pursuant to
                                           movement of all vessels and persons,                                                                          authority under section 4(a) of the
                                           including event participants, in the                                                                          Administrative Procedure Act (APA) (5


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                                           24222                Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations

                                           U.S.C. 553(b)). This provision                          910–343–3882, or on VHF–FM marine                     vessels intending to transit the safety
                                           authorizes an agency to issue a rule                    band radio channel 13 (165.65 MHz) or                 zone may be small entities, for the
                                           without prior notice and opportunity to                 channel 16 (156.8 MHz).                               reasons stated in section V.A. above,
                                           comment when the agency for good                                                                              this rule will not have a significant
                                                                                                   V. Regulatory Analyses
                                           cause finds that those procedures are                                                                         economic impact on any vessel owner
                                           ‘‘impracticable, unnecessary, or contrary                 We developed this rule after                        or operator.
                                           to the public interest.’’ Under 5 U.S.C.                considering numerous statutes and                        Under section 213(a) of the Small
                                           553(b)(B), the Coast Guard finds that                   Executive orders related to rulemaking.               Business Regulatory Enforcement
                                           good cause exists for not publishing a                  Below we summarize our analyses                       Fairness Act of 1996 (Pub. L. 104–121),
                                           notice of proposed rulemaking (NPRM)                    based on a number of these statutes and               we want to assist small entities in
                                           with respect to this rule because it is                 Executive orders, and we discuss First                understanding this rule. If the rule
                                           impracticable and contrary to the public                Amendment rights of protestors.                       would affect your small business,
                                           interest. The publishing of an NPRM                     A. Regulatory Planning and Review                     organization, or governmental
                                           would be impracticable and contrary to                                                                        jurisdiction and you have questions
                                           the public interest since immediate                        Executive Orders 12866 and 13563                   concerning its provisions or options for
                                           action is needed to minimize potential                  direct agencies to assess the costs and               compliance, please contact the person
                                           danger to the participants and the                      benefits of available regulatory                      listed in the FOR FURTHER INFORMATION
                                           public during the event.                                alternatives and, if regulation is                    CONTACT section.
                                              Under 5 U.S.C. 553(d)(3), the Coast                  necessary, to select regulatory                          Small businesses may send comments
                                           Guard finds that good cause exists for                  approaches that maximize net benefits.                on the actions of Federal employees
                                           making this rule effective less than 30                 Executive Order 13771 directs agencies                who enforce, or otherwise determine
                                           days after publication in the Federal                   to control regulatory costs through a                 compliance with, Federal regulations to
                                           Register. Delaying the effective date of                budgeting process. This rule has not                  the Small Business and Agriculture
                                           this rule would be contrary to public                   been designated a ‘‘significant                       Regulatory Enforcement Ombudsman
                                           interest because immediate action is                    regulatory action,’’ under Executive                  and the Regional Small Business
                                           needed to protect persons and vessels                   Order 12866. Accordingly, this rule has               Regulatory Fairness Boards. The
                                           from the hazards associated with this                   not been reviewed by the Office of                    Ombudsman evaluates these actions
                                           event.                                                  Management and Budget (OMB), and                      annually and rates each agency’s
                                                                                                   pursuant to OMB guidance it is exempt                 responsiveness to small business. If you
                                           III. Legal Authority and Need for Rule                  from the requirements of Executive                    wish to comment on actions by
                                              The Coast Guard is issuing this rule                 Order 13771.                                          employees of the Coast Guard, call 1–
                                           under authority in 33 U.S.C. 1231. The                     This regulatory action determination               888–REG–FAIR (1–888–734–3247). The
                                           COTP North Carolina has determined                      is based on the size, location, and                   Coast Guard will not retaliate against
                                           that potential hazards associated with                  duration of the safety zone. The half                 small entities that question or complain
                                           the Bath Festival fireworks display on                  hour regulation enforcement period                    about this rule or any policy or action
                                           May 26, 2018, is a safety concern for                   should not overly burden vessel traffic               of the Coast Guard.
                                           maritime spectators during the launch                   based on the short duration of the
                                           of fireworks on Bath Creek in Bath,                     period. Smaller vessels will be able to               C. Collection of Information
                                           North Carolina. This rule is necessary to               safely transit around this safety zone,                 This rule will not call for a new
                                           protect persons and vessels from the                    which will impact a designated area of                collection of information under the
                                           potential hazards associated with the                   Bath Creek, Bath, NC. Additionally, the               Paperwork Reduction Act of 1995 (44
                                           aerial fireworks display.                               rule allows vessels to seek permission to             U.S.C. 3501–3520).
                                           IV. Discussion of the Rule                              enter the zone. The Coast Guard will
                                                                                                                                                         D. Federalism and Indian Tribal
                                                                                                   issue a Broadcast Notice to Mariners to
                                              This rule establishes a safety zone                                                                        Governments
                                                                                                   notify vessels in the region of the
                                           from 8:30 p.m. until 9 p.m. on May 26,                  establishment of this regulation.                        A rule has implications for federalism
                                           2018. The safety zone will include all                                                                        under Executive Order 13132,
                                           navigable waters within 150 yard radius                 B. Impact on Small Entities                           Federalism, if it has a substantial direct
                                           of the fireworks barge at approximate                      The Regulatory Flexibility Act of                  effect on the States, on the relationship
                                           position: Latitude 35°28′04″ N,                         1980, 5 U.S.C. 601–612, as amended,                   between the national government and
                                           longitude 076°48′55″ W, on Bath Creek,                  requires Federal agencies to consider                 the States, or on the distribution of
                                           Bath, North Carolina. This safety zone is               the potential impact of regulations on                power and responsibilities among the
                                           being established for the safety of the                 small entities during rulemaking. The                 various levels of government. We have
                                           maritime spectators observing the                       term ‘‘small entities’’ comprises small               analyzed this rule under that Order and
                                           fireworks display. No vessel or person                  businesses, not-for-profit organizations              have determined that it is consistent
                                           will be permitted to enter the safety                   that are independently owned and                      with the fundamental federalism
                                           zone without obtaining permission from                  operated and are not dominant in their                principles and preemption requirements
                                           the COTP or a designated                                fields, and governmental jurisdictions                described in Executive Order 13132.
                                           representative. All vessels within this                 with populations of less than 50,000.                    Also, this rule does not have tribal
                                           safety zone when this section becomes                   The Coast Guard certifies under 5 U.S.C.              implications under Executive Order
                                           effective must depart the zone                          605(b) that this rule will not have a                 13175, Consultation and Coordination
                                           immediately. To request permission to                   significant economic impact on a                      with Indian Tribal Governments,
                                           remain in, enter, or transit through the                substantial number of small entities.                 because it does not have a substantial
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                                           safety zone, vessels should contact the                    While the precise number of small                  direct effect on one or more Indian
                                           COTP North Carolina or the COTP                         entities impacted is unknown, Bath                    tribes, on the relationship between the
                                           North Carolina’s representative through                 Creek has a low number of vessels                     Federal Government and Indian tribes,
                                           the Coast Guard Sector North Carolina                   transiting the area planned for the safety            or on the distribution of power and
                                           Command Duty Officer, Wilmington,                       zone, during the enforcement period.                  responsibilities between the Federal
                                           North Carolina, at telephone number                     Although, some owners or operators of                 Government and Indian tribes. If you


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                                                                Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations                                         24223

                                           believe this rule has implications for                  PART 165—REGULATED NAVIGATION                         ENVIRONMENTAL PROTECTION
                                           federalism or Indian tribes, please                     AREAS AND LIMITED ACCESS AREAS                        AGENCY
                                           contact the person listed in the FOR
                                           FURTHER INFORMATION CONTACT section                     ■ 1. The authority citation for part 165              40 CFR Part 52
                                           above.                                                  continues to read as follows:
                                                                                                                                                         [EPA–R01–OAR–2009–0436; FRL–9978–
                                                                                                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           30—Region 1]
                                           E. Unfunded Mandates Reform Act                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                   Department of Homeland Security Delegation            Air Plan Approval; Rhode Island;
                                             The Unfunded Mandates Reform Act                      No. 0170.1.
                                           of 1995 (2 U.S.C. 1531–1538) requires                                                                         Enhanced Motor Vehicle Inspection
                                           Federal agencies to assess the effects of               ■ 2. Add § 165.T05–0416 to read as                    and Maintenance Program
                                           their discretionary regulatory actions. In              follows:                                              AGENCY:  Environmental Protection
                                           particular, the Act addresses actions                   § 165.T05–0416      Safety Zone, Bath Creek,          Agency (EPA).
                                           that may result in the expenditure by a                 Bath, NC.                                             ACTION: Final rule.
                                           State, local, or tribal government, in the                 (a) Location. The following area is a
                                           aggregate, or by the private sector of                                                                        SUMMARY: The Environmental Protection
                                                                                                   safety zone: All navigable waters within
                                           $100,000,000 (adjusted for inflation) or                a 150 yard radius of the fireworks barge              Agency (EPA) is approving a State
                                           more in any one year. Though this rule                  at approximate position: Latitude                     Implementation Plan (SIP) revision
                                           will not result in such an expenditure,                 35°28′04″ N, longitude 076°48′55″ W, on               submitted by the State of Rhode Island.
                                           we do discuss the effects of this rule                  Bath Creek, Bath, North Carolina.                     These revisions include regulations to
                                           elsewhere in this preamble.                                (b) Definitions. As used in this                   update the enhanced motor vehicle
                                                                                                   section—                                              inspection and maintenance (I/M)
                                           F. Environment                                                                                                program in Rhode Island. The revised
                                                                                                      Designated representative means a
                                                                                                   Coast Guard Patrol Commander,                         program includes a test and repair
                                             We have analyzed this rule under
                                                                                                   including a Coast Guard commissioned,                 network consisting of on-board
                                           Department of Homeland Security
                                                                                                   warrant, or petty officer designated by               diagnostic (OBD2) testing for model year
                                           Directive 023–01 and Commandant
                                                                                                   the Captain of the Port North Carolina                1996 and newer vehicles and tailpipe
                                           Instruction M16475.1D, which guide the                                                                        exhaust test, using a dynamometer, for
                                           Coast Guard in complying with the                       (COTP) for the enforcement of the safety
                                                                                                   zone.                                                 model year 1995 and older vehicles. The
                                           National Environmental Policy Act of                                                                          intended effect of this action is to
                                           1969(42 U.S.C. 4321–4370f), and have                       Captain of the Port means the
                                                                                                   Commander, Sector North Carolina.                     approve the revised program into the
                                           determined that this action is one of a                                                                       Rhode Island SIP. This action is being
                                                                                                      (c) Regulations. (1) The general
                                           category of actions that do not                                                                               taken in accordance with the Clean Air
                                                                                                   regulations governing safety zones in
                                           individually or cumulatively have a                                                                           Act (CAA).
                                                                                                   subpart C of this part apply to the area
                                           significant effect on the human                         described in paragraph (a) of this                    DATES: This rule is effective on June 25,
                                           environment. This rule involves a safety                section.                                              2018.
                                           zone lasting half an hour that will                        (2) With the exception of the                      ADDRESSES: EPA has established a
                                           prohibit entry into a portion of Bath                   fireworks barge and crew, entry into or               docket for this action under Docket
                                           Creek, Bath, NC. It is categorically                    remaining in this safety zone is                      Identification No. EPA–R01–OAR–
                                           excluded from further review under                      prohibited unless authorized by the                   2009–0436. All documents in the docket
                                           paragraph L60(a) of Appendix A, Table                   COTP North Carolina or the COTP                       are listed on the www.regulations.gov
                                           1 of DHS Instruction Manual 023–01–                     North Carolina’s designated                           website. Although listed in the index,
                                           001–01, Rev. 01. A Record of                            representative. All other vessels must                some information is not publicly
                                           Environmental Consideration                             depart the zone immediately.                          available, i.e., CBI or other information
                                           supporting this determination is                           (3) All vessels within this safety zone            whose disclosure is restricted by statute.
                                           available in the docket where indicated                 when this section becomes effective                   Certain other material, such as
                                           under ADDRESSES.                                        must depart the zone immediately.                     copyrighted material, is not placed on
                                                                                                      (4) To request permission to remain                the internet and will be publicly
                                           G. Protest Activities                                   in, enter, or transit through the safety              available only in hard copy form.
                                             The Coast Guard respects the First                    zone, contact the COTP North Carolina                 Publicly available docket materials are
                                           Amendment rights of protesters.                         or the COTP North Carolina’s                          available at www.regulations.gov or at
                                                                                                   representative through the Coast Guard                the U.S. Environmental Protection
                                           Protesters are asked to contact the
                                                                                                   Sector North Carolina Command Duty                    Agency, EPA New England Regional
                                           person listed in the FOR FURTHER
                                                                                                   Officer, Wilmington, North Carolina, at               Office, Office of Ecosystem Protection,
                                           INFORMATION CONTACT section to
                                                                                                   telephone number 910–343–3882, or on                  Air Quality Planning Unit, 5 Post Office
                                           coordinate protest activities so that your
                                                                                                   VHF–FM marine band radio channel 13                   Square—Suite 100, Boston, MA. EPA
                                           message can be received without                         (165.65 MHz) or channel 16 (156.8
                                           jeopardizing the safety or security of                                                                        requests that if at all possible, you
                                                                                                   MHz).                                                 contact the contact listed in the FOR
                                           people, places or vessels.                                 (d) Enforcement. The U.S. Coast                    FURTHER INFORMATION CONTACT section to
                                           List of Subjects in 33 CFR Part 165                     Guard may be assisted in the patrol and               schedule your inspection. The Regional
                                                                                                   enforcement of the safety zone by                     Office’s official hours of business are
                                             Harbors, Marine safety, Navigation                    Federal, State, and local agencies.                   Monday through Friday, 8:30 a.m. to
amozie on DSK3GDR082PROD with RULES




                                           (water), Reporting and recordkeeping                      Dated: May 16, 2018.                                4:30 p.m., excluding legal holidays.
                                           requirements, Security measures,                        Bion B. Stewart,                                      FOR FURTHER INFORMATION CONTACT:
                                           Waterways.
                                                                                                   Captain, U. S. Coast Guard, Captain of the            Ariel Garcia, Air Quality Planning Unit,
                                             For the reasons discussed in the                      Port North Carolina.                                  U.S. Environmental Protection Agency,
                                           preamble, the Coast Guard amends 33                     [FR Doc. 2018–11259 Filed 5–24–18; 8:45 am]           EPA Region 1 Regional Office, 5 Post
                                           CFR part 165 as follows:                                BILLING CODE 9110–04–P                                Office Square, Suite 100 (mail code:


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Document Created: 2018-05-25 02:12:38
Document Modified: 2018-05-25 02:12:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:30 p.m. through 9:00 p.m. on May 26, 2018.
ContactIf you have questions on this rule, call or email Chief Petty Officer Joshua O'Rourke, Waterways Management Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone 910-772-2227, email [email protected]
FR Citation83 FR 24221 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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