83_FR_28907 83 FR 28787 - Safety Zone; Beaufort Water Festival Air Show, Beaufort, SC

83 FR 28787 - Safety Zone; Beaufort Water Festival Air Show, Beaufort, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 120 (June 21, 2018)

Page Range28787-28789
FR Document2018-13210

The Coast Guard proposes to establish a temporary safety zone on the waters of the Beaufort River in Beaufort, SC. The safety zone is needed to ensure safety of life on navigable waters of the United States during the Beaufort Water Festival Air Show. This proposed regulation will prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 120 (Thursday, June 21, 2018)
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28787-28789]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13210]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0463]
RIN 1625-AA00


Safety Zone; Beaufort Water Festival Air Show, Beaufort, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of the Beaufort River in Beaufort, SC. The safety zone is 
needed to ensure safety of life on navigable waters of the United 
States during the Beaufort Water Festival Air Show. This proposed 
regulation will prohibit persons and vessels from entering, transiting 
through, anchoring in, or remaining within the regulated area unless 
authorized by the Captain of the Port Charleston (COTP) or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 23, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0463 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Justin Heck, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    On April 27, 2018, the Coast Guard received a marine event 
application for the 2018 Beaufort Water Festival Air Show that will 
take place from 12 p.m. until 5 p.m. on July 21, 2018. The safety zone 
is necessary to ensure the safety of life on the navigable waters of 
the United States during the Beaufort Water Festival Air Show. The COTP 
has determined that potential hazards associated with the airshow would 
be a safety concern for anyone within the regulated area.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the regulated area before, during, and 
after the scheduled event. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 12 p.m. until 5 
p.m. on July 21, 2018. The safety zone would encompass a portion of the 
waterway that is 700 feet wide by 2600 feet in length on the waters of 
the Beaufort River in Beaufort, SC. No vessel or person would be 
permitted to enter, transit through, anchor in, or remain within the 
safety zone without obtaining permission from the COTP or a designated 
representative. The Coast Guard would provide notice of the safety zone 
by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives. The regulatory text we are proposing 
appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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, duration, and time-of-day of the safety zone. The safety zone 
will only be enforced for 5 hours, vessel traffic will be able to 
safely operate in the surrounding area during the enforcement period, 
and the rule will allow vessels to seek permission to enter the zone. 
Moreover, the Coast Guard will provide advance notification of the 
safety zone to the local maritime community by Local Notice to Mariners 
and Broadcast Notice to Mariners via VHF-FM marine channel 16.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended,

[[Page 28788]]

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    We have considered the impact of this proposed rule on small 
entities. This rule may affect the following entities, some of which 
may be small entities: the owner or operators of vessels intending to 
enter, transit through, anchor in, or remain within the regulated area 
during the enforcement period. For the reasons stated in section IV.A. 
above, this proposed rule would not have a significant economic impact 
on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone lasting 5 hours that would prohibit entry on certain waters of the 
Beaufort River in Beaufort, SC. Normally such actions are categorically 
excluded from further review under paragraph L 60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment 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 NPRM as being available in the 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.

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 proposes 
to amend 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;

[[Page 28789]]

Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0463 to read as follows:


Sec.  165.T07  --0463 Safety Zone; Beaufort Water Festival Air Show, 
Beaufort, SC

    (a) Location. This rule establishes a safety zone on certain waters 
of the Beaufort River, Beaufort, SC. The rule creates a regulated area 
that will encompass a portion of the waterway that is 700 feet wide by 
2600 feet in length on waters of the Beaufort River encompassed within 
the following points: 32[deg]25'47'' N/080[deg]40'44'' W, 
32[deg]25'41'' N/080[deg]40'14'' W, 32[deg]25'35'' N/080[deg]40'16'' W, 
32[deg]25'40'' N/080[deg]40'46'' W. All coordinates are North American 
Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the COTP 
in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the COTP or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP by 
telephone at 843-740-7050, or a designated representative via VHF radio 
on channel 16, to request authorization. If authorization to enter, 
transit through, anchor in, or remain within the regulated area is 
granted by the COTP or a designated representative, all persons and 
vessels receiving such authorization must comply with the instructions 
of the COTP or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced on July 21, 2018 
from 12 p.m. until 5 p.m.

    Dated: June 13, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-13210 Filed 6-20-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules                                            28787

                                                  We accept anonymous comments. All                     ACTION:   Notice of proposed rulemaking.               scheduled event. The Coast Guard
                                                comments received will be posted                                                                               proposes this rulemaking under
                                                without change to http://                               SUMMARY:    The Coast Guard proposes to                authority in 33 U.S.C. 1231.
                                                www.regulations.gov and will include                    establish a temporary safety zone on the
                                                                                                        waters of the Beaufort River in Beaufort,              III. Discussion of Proposed Rule
                                                any personal information you have
                                                provided. For more about privacy and                    SC. The safety zone is needed to ensure                   The COTP proposes to establish a
                                                the docket, visit http://                               safety of life on navigable waters of the              safety zone from 12 p.m. until 5 p.m. on
                                                www.regulations.gov/privacynotice.                      United States during the Beaufort Water                July 21, 2018. The safety zone would
                                                  Documents mentioned in this NPRM                      Festival Air Show. This proposed                       encompass a portion of the waterway
                                                as being available in this docket and all               regulation will prohibit persons and                   that is 700 feet wide by 2600 feet in
                                                public comments, will be in our online                  vessels from entering, transiting                      length on the waters of the Beaufort
                                                docket at http://www.regulations.gov                    through, anchoring in, or remaining                    River in Beaufort, SC. No vessel or
                                                and can be viewed by following that                     within the regulated area unless                       person would be permitted to enter,
                                                website’s instructions. Additionally, if                authorized by the Captain of the Port                  transit through, anchor in, or remain
                                                you go to the online docket and sign up                 Charleston (COTP) or a designated                      within the safety zone without obtaining
                                                for email alerts, you will be notified                  representative. We invite your                         permission from the COTP or a
                                                when comments are posted or a final                     comments on this proposed rulemaking.                  designated representative. The Coast
                                                rule is published.                                      DATES: Comments and related material                   Guard would provide notice of the
                                                                                                        must be received by the Coast Guard on                 safety zone by Local Notice to Mariners,
                                                List of Subjects in 33 CFR Part 117                     or before July 23, 2018.                               Broadcast Notice to Mariners, and on-
                                                  Bridges.                                              ADDRESSES: You may submit comments                     scene designated representatives. The
                                                  For the reasons discussed in the                      identified by docket number USCG–                      regulatory text we are proposing appears
                                                preamble, the Coast Guard proposes to                   2018–0463 using the Federal                            at the end of this document.
                                                amend 33 CFR part 117 as follows:                       eRulemaking Portal at http://                          IV. Regulatory Analyses
                                                                                                        www.regulations.gov. See the ‘‘Public
                                                PART 117—DRAWBRIDGE                                     Participation and Request for                            We developed this proposed rule after
                                                OPERATION REGULATIONS                                   Comments’’ portion of the                              considering numerous statutes and
                                                                                                        SUPPLEMENTARY INFORMATION section for                  Executive orders related to rulemaking.
                                                ■ 1. The authority citation for part 117                                                                       Below we summarize our analyses
                                                                                                        further instructions on submitting
                                                continues to read as follows:                                                                                  based on a number of these statutes and
                                                                                                        comments.
                                                  Authority: 33 U.S.C. 499; 33 CFR 1.05–1;                                                                     Executive orders and we discuss First
                                                Department of Homeland Security Delegation              FOR FURTHER INFORMATION CONTACT: If                    Amendment rights of protestors.
                                                No. 0170.1.                                             you have questions about this proposed
                                                                                                        rulemaking, call or email Lieutenant                   A. Regulatory Planning and Review
                                                ■ 2. In § 117.491, revise paragraph (c) to              Justin Heck, Sector Charleston Office of
                                                read as follows:                                                                                                  Executive Orders 12866 and 13563
                                                                                                        Waterways Management, Coast Guard;                     direct agencies to assess the costs and
                                                § 117.491    Red River.                                 telephone (843) 740–3184, email                        benefits of available regulatory
                                                *     *     *    *     *                                Justin.C.Heck@uscg.mil.                                alternatives and, if regulation is
                                                  (c) The draws of the bridges above                    SUPPLEMENTARY INFORMATION:                             necessary, to select regulatory
                                                mile 105.8 through mile 234.4 need not                                                                         approaches that maximize net benefits.
                                                                                                        I. Table of Abbreviations
                                                open for passage of vessels. The owner                                                                         Executive Order 13771 directs agencies
                                                or agency controlling the bridge must                   CFR Code of Federal Regulations                        to control regulatory costs through a
                                                restore the draw to full operation within               DHS Department of Homeland Security                    budgeting process. This NPRM has not
                                                three months if notified by the District                FR Federal Register                                    been designated a ‘‘significant
                                                Commander that the needs of navigation                  NPRM Notice of proposed rulemaking                     regulatory action,’’ under Executive
                                                require resumed operation of the spans.                 Pub. L. Public Law                                     Order 12866. Accordingly, the NPRM
                                                                                                        § Section                                              has not been reviewed by the Office of
                                                *     *     *    *     *                                U.S.C. United States Code                              Management and Budget (OMB), and
                                                  Dated: June 12, 2018.                                 COTP Captain of the Port
                                                                                                                                                               pursuant to OMB guidance it is exempt
                                                P.F. Thomas,                                                                                                   from the requirements of Executive
                                                Rear Admiral, U.S. Coast Guard, Commander,              II. Background, Purpose, and Legal
                                                                                                                                                               Order 13771.
                                                Eighth Coast Guard District.                            Basis
                                                                                                                                                                  This regulatory action determination
                                                [FR Doc. 2018–13321 Filed 6–20–18; 8:45 am]                On April 27, 2018, the Coast Guard                  is based on the size, location, duration,
                                                BILLING CODE 9110–04–P                                  received a marine event application for                and time-of-day of the safety zone. The
                                                                                                        the 2018 Beaufort Water Festival Air                   safety zone will only be enforced for 5
                                                                                                        Show that will take place from 12 p.m.                 hours, vessel traffic will be able to safely
                                                DEPARTMENT OF HOMELAND                                  until 5 p.m. on July 21, 2018. The safety              operate in the surrounding area during
                                                SECURITY                                                zone is necessary to ensure the safety of              the enforcement period, and the rule
                                                                                                        life on the navigable waters of the                    will allow vessels to seek permission to
                                                Coast Guard                                             United States during the Beaufort Water                enter the zone. Moreover, the Coast
                                                                                                        Festival Air Show. The COTP has                        Guard will provide advance notification
amozie on DSK3GDR082PROD with PROPOSALS1




                                                33 CFR Part 165                                         determined that potential hazards                      of the safety zone to the local maritime
                                                [Docket Number USCG–2018–0463]                          associated with the airshow would be a                 community by Local Notice to Mariners
                                                                                                        safety concern for anyone within the                   and Broadcast Notice to Mariners via
                                                RIN 1625–AA00                                           regulated area.                                        VHF–FM marine channel 16.
                                                                                                           The purpose of this rulemaking is to
                                                Safety Zone; Beaufort Water Festival                                                                           B. Impact on Small Entities
                                                                                                        ensure the safety of vessels and the
                                                Air Show, Beaufort, SC
                                                                                                        navigable waters within the regulated                    The Regulatory Flexibility Act of
                                                AGENCY:     Coast Guard, DHS.                           area before, during, and after the                     1980, 5 U.S.C. 601–612, as amended,


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                                                28788                   Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules

                                                requires Federal agencies to consider                   Order and have determined that it is                   G. Protest Activities
                                                the potential impact of regulations on                  consistent with the fundamental                          The Coast Guard respects the First
                                                small entities during rulemaking. The                   federalism principles and preemption                   Amendment rights of protesters.
                                                term ‘‘small entities’’ comprises small                 requirements described in Executive                    Protesters are asked to contact the
                                                businesses, not-for-profit organizations                Order 13132.                                           person listed in the FOR FURTHER
                                                that are independently owned and                           Also, this proposed rule does not have              INFORMATION CONTACT section to
                                                operated and are not dominant in their                  tribal implications under Executive                    coordinate protest activities so that your
                                                fields, and governmental jurisdictions                  Order 13175, Consultation and                          message can be received without
                                                with populations of less than 50,000.                   Coordination with Indian Tribal                        jeopardizing the safety or security of
                                                The Coast Guard certifies under 5 U.S.C.                Governments, because it would not have                 people, places, or vessels.
                                                605(b) that this proposed rule would not                a substantial direct effect on one or
                                                have a significant economic impact on                   more Indian tribes, on the relationship                V. Public Participation and Request for
                                                a substantial number of small entities.                 between the Federal Government and                     Comments
                                                   We have considered the impact of this                Indian tribes, or on the distribution of                  We view public participation as
                                                proposed rule on small entities. This                   power and responsibilities between the                 essential to effective rulemaking, and
                                                rule may affect the following entities,                 Federal Government and Indian tribes.                  will consider all comments and material
                                                some of which may be small entities:                    If you believe this proposed rule has                  received during the comment period.
                                                the owner or operators of vessels                       implications for federalism or Indian                  Your comment can help shape the
                                                intending to enter, transit through,                    tribes, please contact the person listed               outcome of this rulemaking. If you
                                                anchor in, or remain within the                         in the FOR FURTHER INFORMATION                         submit a comment, please include the
                                                regulated area during the enforcement                   CONTACT section.                                       docket number for this rulemaking,
                                                period. For the reasons stated in section                                                                      indicate the specific section of this
                                                IV.A. above, this proposed rule would                   E. Unfunded Mandates Reform Act                        document to which each comment
                                                not have a significant economic impact                     The Unfunded Mandates Reform Act                    applies, and provide a reason for each
                                                on a substantial number of small                        of 1995 (2 U.S.C. 1531–1538) requires                  suggestion or recommendation.
                                                entities.                                               Federal agencies to assess the effects of                 We encourage you to submit
                                                   If you think that your business,                                                                            comments through the Federal
                                                                                                        their discretionary regulatory actions. In
                                                organization, or governmental                                                                                  eRulemaking Portal at http://
                                                                                                        particular, the Act addresses actions
                                                jurisdiction qualifies as a small entity                                                                       www.regulations.gov. If your material
                                                                                                        that may result in the expenditure by a
                                                and that this rule would have a                                                                                cannot be submitted using http://
                                                                                                        State, local, or tribal government, in the
                                                significant economic impact on it,                                                                             www.regulations.gov, contact the person
                                                                                                        aggregate, or by the private sector of
                                                please submit a comment (see                                                                                   in the FOR FURTHER INFORMATION
                                                                                                        $100,000,000 (adjusted for inflation) or
                                                ADDRESSES) explaining why you think it                                                                         CONTACT section of this document for
                                                                                                        more in any one year. Though this
                                                qualifies and how and to what degree                                                                           alternate instructions.
                                                                                                        proposed rule would not result in such
                                                this rule would economically affect it.                                                                           We accept anonymous comments. All
                                                   Under section 213(a) of the Small                    an expenditure, we do discuss the
                                                                                                                                                               comments received will be posted
                                                Business Regulatory Enforcement                         effects of this rule elsewhere in this
                                                                                                                                                               without change to http://
                                                Fairness Act of 1996 (Pub. L. 104–121),                 preamble.
                                                                                                                                                               www.regulations.gov and will include
                                                we want to assist small entities in                     F. Environment                                         any personal information you have
                                                understanding this proposed rule. If the                                                                       provided. For more about privacy and
                                                rule would affect your small business,                    We have analyzed this proposed rule
                                                                                                                                                               the docket, visit http://
                                                organization, or governmental                           under Department of Homeland
                                                                                                                                                               www.regulations.gov/privacyNotice.
                                                jurisdiction and you have questions                     Security Management Directive 023–01                      Documents mentioned in this NPRM
                                                concerning its provisions or options for                and Commandant Instruction                             as being available in the docket, and all
                                                compliance, please contact the person                   M16475.lD, which guide the Coast                       public comments, will be in our online
                                                listed in the FOR FURTHER INFORMATION                   Guard in complying with the National                   docket at http://www.regulations.gov
                                                CONTACT section. The Coast Guard will
                                                                                                        Environmental Policy Act of 1969 (42                   and can be viewed by following that
                                                not retaliate against small entities that               U.S.C. 4321–4370f), and have made a                    website’s instructions. Additionally, if
                                                question or complain about this                         preliminary determination that this                    you go to the online docket and sign up
                                                proposed rule or any policy or action of                action is one of a category of actions that            for email alerts, you will be notified
                                                the Coast Guard.                                        do not individually or cumulatively                    when comments are posted or a final
                                                                                                        have a significant effect on the human                 rule is published.
                                                C. Collection of Information                            environment. This proposed rule
                                                  This proposed rule would not call for                 involves a safety zone lasting 5 hours                 List of Subjects in 33 CFR Part 165
                                                a new collection of information under                   that would prohibit entry on certain                     Harbors, Marine safety, Navigation
                                                the Paperwork Reduction Act of 1995                     waters of the Beaufort River in Beaufort,              (water), Reporting and recordkeeping
                                                (44 U.S.C. 3501–3520).                                  SC. Normally such actions are                          requirements, Security measures,
                                                                                                        categorically excluded from further                    Waterways.
                                                D. Federalism and Indian Tribal                         review under paragraph L 60(a) of
                                                Governments                                                                                                      For the reasons discussed in the
                                                                                                        Appendix A, Table 1 of DHS Instruction                 preamble, the Coast Guard proposes to
                                                   A rule has implications for federalism               Manual 023–01–001–01, Rev. 01. A                       amend 33 CFR part 165 as follows:
amozie on DSK3GDR082PROD with PROPOSALS1




                                                under Executive Order 13132,                            preliminary Record of Environmental
                                                Federalism, if it has a substantial direct              Consideration supporting this                          PART 165—REGULATED NAVIGATION
                                                effect on the States, on the relationship               determination is available in the docket               AREAS AND LIMITED ACCESS AREAS
                                                between the national government and                     where indicated under ADDRESSES. We
                                                the States, or on the distribution of                   seek any comments or information that                  ■ 1. The authority citation for part 165
                                                power and responsibilities among the                    may lead to the discovery of a                         continues to read as follows:
                                                various levels of government. We have                   significant environmental impact from                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                analyzed this proposed rule under that                  this proposed rule.                                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;



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                                                                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules                                                28789

                                                Department of Homeland Security Delegation              LIBRARY OF CONGRESS                                    Office invited public comment on the
                                                No. 0170.1.                                                                                                    notice of proposed rulemaking. To
                                                                                                        Copyright Office                                       ensure that members of the public have
                                                ■ 2. Add § 165.T07–0463 to read as                                                                             sufficient time to respond, and to ensure
                                                follows:                                                37 CFR Part 201                                        that the Office has the benefit of a
                                                § 165.T07 —0463 Safety Zone; Beaufort                   [Docket No. 2018–4]                                    complete record, the Office is extending
                                                Water Festival Air Show, Beaufort, SC                                                                          the submission deadline by an
                                                                                                        Copyright Office Fees: Extension of                    additional sixty days. Written comments
                                                   (a) Location. This rule establishes a                Comment Period                                         now are due no later than September 21,
                                                safety zone on certain waters of the                                                                           2018.
                                                Beaufort River, Beaufort, SC. The rule                  AGENCY: U.S. Copyright Office, Library
                                                                                                        of Congress.                                             Dated: June 15, 2018.
                                                creates a regulated area that will
                                                                                                                                                               Regan A. Smith,
                                                encompass a portion of the waterway                     ACTION: Notice of proposed rulemaking;
                                                that is 700 feet wide by 2600 feet in                   extension of comment period.                           General Counsel and Associate Register of
                                                                                                                                                               Copyrights.
                                                length on waters of the Beaufort River
                                                encompassed within the following                        SUMMARY:    The Copyright Office is                    [FR Doc. 2018–13323 Filed 6–20–18; 8:45 am]

                                                points: 32°25′47″ N/080°40′44″ W,                       extending the deadline for the                         BILLING CODE 1410–30–P

                                                32°25′41″ N/080°40′14″ W, 32°25′35″ N/                  submission of written comments in
                                                                                                        response to its May 24, 2018 notice of
                                                080°40′16″ W, 32°25′40″ N/080°40′46″
                                                                                                        proposed rulemaking proposing the                      ENVIRONMENTAL PROTECTION
                                                W. All coordinates are North American
                                                                                                        adoption of a new fee schedule.                        AGENCY
                                                Datum 1983.
                                                                                                        DATES: The comment period for the
                                                   (b) Definition. The term ‘‘designated                notice of proposed rulemaking,                         40 CFR Part 52
                                                representative’’ means Coast Guard                      published on May 24, 2018 (83 FR
                                                Patrol Commanders, including Coast                                                                             [EPA–R04–OAR–2015–0501; FRL–9979–
                                                                                                        24054), is extended by an additional                   79—Region 4]
                                                Guard coxswains, petty officers, and                    sixty days. Comments must be made in
                                                other officers operating Coast Guard                    writing and must be received in the U.S.               Air Plan Approval; North Carolina: New
                                                vessels, and Federal, state, and local                  Copyright Office no later than 11:59                   Source Review for Fine Particulate
                                                officers designated by or assisting the                 p.m. Eastern Time on September 21,                     Matter (PM2.5)
                                                COTP in the enforcement of the                          2018.
                                                regulated areas.                                                                                               AGENCY:  Environmental Protection
                                                                                                        ADDRESSES: For reasons of government                   Agency.
                                                   (c) Regulations. (1) All persons and                 efficiency, the Copyright Office is using
                                                vessels are prohibited from entering,                                                                          ACTION: Proposed rule.
                                                                                                        the regulations.gov system for the
                                                transiting through, anchoring in, or                    submission and posting of public                       SUMMARY:   The Environmental Protection
                                                remaining within the regulated area                     comments in this proceeding. All                       Agency (EPA) is proposing to approve
                                                unless authorized by the COTP or a                      comments are therefore to be submitted                 changes to the North Carolina State
                                                designated representative.                              electronically through regulations.gov.                Implementation Plan (SIP), submitted
                                                   (2) Persons and vessels desiring to                  Specific instructions for submitting                   by the North Carolina Department of
                                                enter, transit through, anchor in, or                   comments are available on the                          Environmental Quality (NC DEQ)
                                                remain within the regulated area may                    Copyright Office website at https://                   through the Division of Air Quality
                                                contact the COTP by telephone at 843–                   www.copyright.gov/rulemaking/                          (DAQ), to EPA on October 17, 2017.
                                                740–7050, or a designated                               feestudy2018/. If electronic submission                This SIP submittal modifies North
                                                representative via VHF radio on channel                 of comments is not feasible due to lack                Carolina’s Prevention of Significant
                                                16, to request authorization. If                        of access to a computer and/or the                     Deterioration (PSD) regulations and
                                                authorization to enter, transit through,                internet, please contact the Office for                includes the adoption of specific federal
                                                anchor in, or remain within the                         special instructions using the contact                 provisions needed to meet the New
                                                regulated area is granted by the COTP or                information below.                                     Source Review (NSR) permitting
                                                a designated representative, all persons                FOR FURTHER INFORMATION CONTACT:                       program requirements for the fine
                                                and vessels receiving such authorization                Regan A. Smith, General Counsel and                    particulate matter (PM2.5) national
                                                must comply with the instructions of                    Associate Register of Copyrights, by                   ambient air quality standards (NAAQS).
                                                the COTP or a designated                                email at regans@copyright.gov, or Jalyce               In addition, North Carolina’s October
                                                representative.                                         Mangum, Attorney-Advisor, by email at                  17, 2017, SIP submittal addresses
                                                                                                        jmang@copyright.gov, or either by                      portions of the PSD requirements for the
                                                   (3) The Coast Guard will provide                     telephone at 202–707–8350.                             infrastructure SIPs for the following
                                                notice of the regulated area by Local                   SUPPLEMENTARY INFORMATION: On May                      NAAQS: 1997 Annual and 24-hour
                                                Notice to Mariners, Broadcast Notice to                 24, 2018, the U.S. Copyright Office                    PM2.5, 2006 24-hour PM2.5, 2008 lead,
                                                Mariners, and on-scene designated                       issued a proposed rulemaking                           2008 8-hour ozone, 2010 sulfur dioxide
                                                representatives.                                        recommending the adoption of a new                     (SO2), 2010 nitrogen dioxide (NO2) and
                                                   (d) Enforcement Period. This rule will               fee schedule for services in the                       2012 Annual PM2.5. As a result of this
                                                be enforced on July 21, 2018 from 12                    following areas: Registration,                         proposed approval of North Carolina’s
amozie on DSK3GDR082PROD with PROPOSALS1




                                                p.m. until 5 p.m.                                       recordation, record retrieval, search, and             modified PSD regulations, EPA is also
                                                  Dated: June 13, 2018.                                 certification, the Licensing Division,                 proposing to approve North Carolina’s
                                                                                                        and other ancillary services. The                      submittal with respect to the related
                                                J.W. Reed,                                                                                                     PSD infrastructure SIP requirements for
                                                                                                        proposed fee schedule would assist the
                                                Captain, U.S. Coast Guard, Captain of the               Office in recovering a significant part,               these NAAQS. As discussed in this
                                                Port Charleston.                                        though not the whole, of its costs.1 The               notice, EPA previously disapproved
                                                [FR Doc. 2018–13210 Filed 6–20–18; 8:45 am]                                                                    portions of earlier submittals from North
                                                BILLING CODE 9110–04–P                                    1 83   FR 24054 (May 24, 2018).                      Carolina that were intended to meet


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Document Created: 2018-06-21 01:23:09
Document Modified: 2018-06-21 01:23:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before July 23, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Justin Heck, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation83 FR 28787 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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