83_FR_31004 83 FR 30877 - Safety Zone; Atlantic Intracoastal Waterway, Swansboro, NC

83 FR 30877 - Safety Zone; Atlantic Intracoastal Waterway, Swansboro, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 127 (July 2, 2018)

Page Range30877-30879
FR Document2018-14169

The Coast Guard is establishing a temporary safety zone for the navigable waters of the Atlantic Intracoastal Waterway near Swansboro, North Carolina, in support of a fireworks display on July 4, 2018. This temporary safety zone is intended to restrict vessel traffic from a portion of the Atlantic Intracoastal Waterway during the Town of Swansboro Fourth of July Celebration 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 127 (Monday, July 2, 2018)
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30877-30879]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14169]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0612]
RIN 1625-AA00


Safety Zone; Atlantic Intracoastal Waterway, Swansboro, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters of the Atlantic Intracoastal Waterway near 
Swansboro, North Carolina, in support of a fireworks display on July 4, 
2018. This temporary safety zone is intended to restrict vessel traffic 
from a portion of the Atlantic Intracoastal Waterway during the Town of 
Swansboro Fourth of July Celebration 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 8:45 p.m. through 9:45 p.m. on July 
4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0612 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Matthew Tyson, Waterways Management 
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; 
telephone 910-772-2221, email Matthew.I.Tyson@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 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 a final rule needs to be in 
place by July 4, 2018, 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 impracticable and contrary to public interest 
because immediate action is needed to protect persons and vessels from 
the hazards associated with this event on July 4, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port North Carolina (COTP) has determined that 
potential hazards associated with the Town of Swansboro Fourth of July 
Celebration fireworks display on July 4, 2018, is a safety concern for 
maritime spectators during the launch of fireworks on the Atlantic 
Intracoastal Waterway near Swansboro, 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 8:45 p.m. until 9:45 p.m. 
on July 4, 2018. The safety zone will include all navigable waters 
within a 150 yard radius of the fireworks launch location at 
approximate position: Latitude 34[deg]41'02'' N, longitude 
077[deg]07'04'' W, on the Atlantic Intracoastal Waterway near 
Swansboro, 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 or a designated representative of the COTP 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

[[Page 30878]]

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 one-hour regulation 
enforcement period should not overly burden vessel traffic based on the 
short duration of the period. This safety zone will only impact a small 
designated area of the Atlantic Intracoastal Waterway near Swansboro, 
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, it 
is expected that the number of vessels in this portion of the Atlantic 
Intracoastal Waterway during the event will be low. For the reasons 
stated in section V.A. above, this rule will not have a significant 
economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule involves 
a safety zone lasting one hour that will prohibit entry into a portion 
of the Atlantic Intracoastal Waterway near Swansboro, 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.T05-0612 to read as follows:


Sec.  165.T05-0612   Safety Zone, Atlantic Intracoastal Waterway, 
Swansboro, NC.

    (a) Location. The following area is a safety zone: All navigable 
waters within a 150 yard radius of the fireworks launch location at 
approximate position: Latitude 34[deg]41'02'' N, longitude 
077[deg]07'04'' W, on the Atlantic Intracoastal Waterway near 
Swansboro, North Carolina.
    (b) Definitions. As used in this section--
    Captain of the Port means the Commander, Sector North Carolina.
    Designated representative means a Coast Guard Patrol Commander, 
including a Coast Guard commissioned,

[[Page 30879]]

warrant, or petty officer designated by the Captain of the Port North 
Carolina (COTP) for the enforcement of the safety zone.
    (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) 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.
    (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: June 25, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-14169 Filed 6-29-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations                                          30877

                                             warrant, or petty officer designated by                 hazards posed by aerial fireworks                      associated with this event on July 4,
                                             the Captain of the Port North Carolina                  displays. Entry of vessels or persons                  2018.
                                             (COTP) for the enforcement of the safety                into this zone is prohibited unless
                                                                                                                                                            III. Legal Authority and Need for Rule
                                             zone.                                                   specifically authorized by the Captain of
                                               (c) Regulations. (1) The general                      the Port (COTP) North Carolina or a                       The Coast Guard is issuing this rule
                                             regulations governing safety zones in                   designated representative.                             under authority in 33 U.S.C. 1231. The
                                             subpart C of this part apply to the area                DATES: This rule is effective from 8:45                Captain of the Port North Carolina
                                             described in paragraph (a) of this                      p.m. through 9:45 p.m. on July 4, 2018.                (COTP) has determined that potential
                                             section.                                                ADDRESSES: To view documents
                                                                                                                                                            hazards associated with the Town of
                                                (2) Entry into or remaining in this                  mentioned in this preamble as being                    Swansboro Fourth of July Celebration
                                             safety zone is prohibited unless                        available in the docket, go to http://                 fireworks display on July 4, 2018, is a
                                             authorized by the COTP North Carolina                   www.regulations.gov, type USCG–2018–                   safety concern for maritime spectators
                                             or the COTP North Carolina’s                            0612 in the ‘‘SEARCH’’ box and click                   during the launch of fireworks on the
                                             designated representative.                              ‘‘SEARCH.’’ Click on Open Docket                       Atlantic Intracoastal Waterway near
                                                (3) All vessels within this safety zone              Folder on the line associated with this                Swansboro, North Carolina. This rule is
                                             when this section becomes effective                     rule.                                                  necessary to protect persons and vessels
                                             must depart the zone immediately.                       FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                            from the potential hazards associated
                                                (4) To request permission to remain                  you have questions on this rule, call or               with the aerial fireworks display.
                                             in, enter, or transit through the safety                email Petty Officer Matthew Tyson,                     IV. Discussion of the Rule
                                             zone, contact the COTP North Carolina                   Waterways Management Division, U.S.
                                             or the COTP North Carolina’s                                                                                      This rule establishes a safety zone
                                                                                                     Coast Guard Sector North Carolina,                     from 8:45 p.m. until 9:45 p.m. on July
                                             representative through the Coast Guard                  Wilmington, NC; telephone 910–772–
                                             Sector North Carolina Command Duty                                                                             4, 2018. The safety zone will include all
                                                                                                     2221, email Matthew.I.Tyson@uscg.mil.                  navigable waters within a 150 yard
                                             Officer, Wilmington, North Carolina, at
                                                                                                     SUPPLEMENTARY INFORMATION:                             radius of the fireworks launch location
                                             telephone number 910–343–3882, or on
                                             VHF–FM marine band radio channel 13                     I. Table of Abbreviations                              at approximate position: Latitude
                                             (165.65 MHz) or channel 16 (156.8                                                                              34°41′02″ N, longitude 077°07′04″ W, on
                                                                                                     CFR Code of Federal Regulations                        the Atlantic Intracoastal Waterway near
                                             MHz).                                                   DHS Department of Homeland Security
                                                (d) Enforcement. The U.S. Coast                      FR Federal Register                                    Swansboro, North Carolina. This safety
                                             Guard may be assisted in the patrol and                 NPRM Notice of proposed rulemaking                     zone is being established for the safety
                                             enforcement of the safety zone by                       § Section                                              of the maritime spectators observing the
                                             Federal, State, and local agencies.                     U.S.C. United States Code                              fireworks display. No vessel or person
                                                                                                     COTP Captain of the Port                               will be permitted to enter the safety
                                               Dated: June 25, 2018.
                                                                                                     II. Background Information and                         zone without obtaining permission from
                                             Bion B. Stewart,                                                                                               the COTP or a designated
                                             Captain, U.S. Coast Guard, Captain of the               Regulatory History
                                                                                                                                                            representative. All vessels within this
                                             Port North Carolina.                                       The Coast Guard is issuing this                     safety zone when this section becomes
                                             [FR Doc. 2018–14166 Filed 6–29–18; 8:45 am]             temporary rule without prior notice and                effective must depart the zone
                                             BILLING CODE 9110–04–P                                  opportunity to comment pursuant to                     immediately. To request permission to
                                                                                                     authority under section 4(a) of the                    remain in, enter, or transit through the
                                                                                                     Administrative Procedure Act (APA) (5                  safety zone, vessels should contact the
                                             DEPARTMENT OF HOMELAND                                  U.S.C. 553(b)). This provision                         COTP or a designated representative of
                                             SECURITY                                                authorizes an agency to issue a rule                   the COTP through the Coast Guard
                                                                                                     without prior notice and opportunity to                Sector North Carolina Command Duty
                                             Coast Guard                                             comment when the agency for good                       Officer, Wilmington, North Carolina, at
                                                                                                     cause finds that those procedures are                  telephone number 910–343–3882, or on
                                             33 CFR Part 165                                         ‘‘impracticable, unnecessary, or contrary              VHF–FM marine band radio channel 13
                                             [Docket Number USCG–2018–0612]                          to the public interest.’’ Under 5 U.S.C.               (165.65 MHz) or channel 16 (156.8
                                                                                                     553(b)(B), the Coast Guard finds that                  MHz).
                                             RIN 1625–AA00                                           good cause exists for not publishing a
                                                                                                     notice of proposed rulemaking (NPRM)                   V. Regulatory Analyses
                                             Safety Zone; Atlantic Intracoastal
                                                                                                     with respect to this rule because it is                  We developed this rule after
                                             Waterway, Swansboro, NC
                                                                                                     impracticable and contrary to the public               considering numerous statutes and
                                             AGENCY:    Coast Guard, DHS.                            interest. The publishing of an NPRM                    Executive orders related to rulemaking.
                                             ACTION:   Temporary final rule.                         would be impracticable and contrary to                 Below we summarize our analyses
                                                                                                     the public interest since a final rule                 based on a number of these statutes and
                                             SUMMARY:   The Coast Guard is                           needs to be in place by July 4, 2018, to               Executive orders, and we discuss First
                                             establishing a temporary safety zone for                minimize potential danger to the                       Amendment rights of protestors.
                                             the navigable waters of the Atlantic                    participants and the public during the
                                             Intracoastal Waterway near Swansboro,                   event.                                                 A. Regulatory Planning and Review
                                             North Carolina, in support of a                            Under 5 U.S.C. 553(d)(3), the Coast                    Executive Orders 12866 and 13563
                                             fireworks display on July 4, 2018. This                 Guard finds that good cause exists for                 direct agencies to assess the costs and
                                             temporary safety zone is intended to                    making this rule effective less than 30                benefits of available regulatory
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                                             restrict vessel traffic from a portion of               days after publication in the Federal                  alternatives and, if regulation is
                                             the Atlantic Intracoastal Waterway                      Register. Delaying the effective date of               necessary, to select regulatory
                                             during the Town of Swansboro Fourth                     this rule would be impracticable and                   approaches that maximize net benefits.
                                             of July Celebration fireworks display to                contrary to public interest because                    Executive Order 13771 directs agencies
                                             protect the life and property of the                    immediate action is needed to protect                  to control regulatory costs through a
                                             maritime public and spectators from the                 persons and vessels from the hazards                   budgeting process. This rule has not


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                                             30878                Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations

                                             been designated a ‘‘significant                         Ombudsman evaluates these actions                      Coast Guard in complying with the
                                             regulatory action,’’ under Executive                    annually and rates each agency’s                       National Environmental Policy Act of
                                             Order 12866. Accordingly, this rule has                 responsiveness to small business. If you               1969 (42 U.S.C. 4321–4370f), and have
                                             not been reviewed by the Office of                      wish to comment on actions by                          determined that this action is one of a
                                             Management and Budget (OMB), and                        employees of the Coast Guard, call 1–                  category of actions that do not
                                             pursuant to OMB guidance it is exempt                   888–REG–FAIR (1–888–734–3247). The                     individually or cumulatively have a
                                             from the requirements of Executive                      Coast Guard will not retaliate against                 significant effect on the human
                                             Order 13771.                                            small entities that question or complain               environment. This rule involves a safety
                                                This regulatory action determination                 about this rule or any policy or action                zone lasting one hour that will prohibit
                                             is based on the size, location, and                     of the Coast Guard.                                    entry into a portion of the Atlantic
                                             duration of the safety zone. The one-                                                                          Intracoastal Waterway near Swansboro,
                                             hour regulation enforcement period                      C. Collection of Information
                                                                                                                                                            NC. It is categorically excluded from
                                             should not overly burden vessel traffic                   This rule will not call for a new                    further review under paragraph L60(a)
                                             based on the short duration of the                      collection of information under the                    of Appendix A, Table 1 of DHS
                                             period. This safety zone will only                      Paperwork Reduction Act of 1995 (44                    Instruction Manual 023–01–001–01,
                                             impact a small designated area of the                   U.S.C. 3501–3520).                                     Rev. 01. A Record of Environmental
                                             Atlantic Intracoastal Waterway near                                                                            Consideration supporting this
                                             Swansboro, NC. Additionally, the rule                   D. Federalism and Indian Tribal
                                                                                                     Governments                                            determination is available in the docket
                                             allows vessels to seek permission to                                                                           where indicated under ADDRESSES.
                                             enter the zone. The Coast Guard will                       A rule has implications for federalism
                                             issue a Broadcast Notice to Mariners to                 under Executive Order 13132,                           G. Protest Activities
                                             notify vessels in the region of the                     Federalism, if it has a substantial direct               The Coast Guard respects the First
                                             establishment of this regulation.                       effect on the States, on the relationship              Amendment rights of protesters.
                                                                                                     between the national government and                    Protesters are asked to contact the
                                             B. Impact on Small Entities                             the States, or on the distribution of                  person listed in the FOR FURTHER
                                                The Regulatory Flexibility Act of                    power and responsibilities among the                   INFORMATION CONTACT section to
                                             1980, 5 U.S.C. 601–612, as amended,                     various levels of government. We have                  coordinate protest activities so that your
                                             requires Federal agencies to consider                   analyzed this rule under that Order and                message can be received without
                                             the potential impact of regulations on                  have determined that it is consistent                  jeopardizing the safety or security of
                                             small entities during rulemaking. The                   with the fundamental federalism                        people, places or vessels.
                                             term ‘‘small entities’’ comprises small                 principles and preemption requirements
                                             businesses, not-for-profit organizations                described in Executive Order 13132.                    List of Subjects in 33 CFR Part 165
                                             that are independently owned and                           Also, this rule does not have tribal                  Harbors, Marine safety, Navigation
                                             operated and are not dominant in their                  implications under Executive Order                     (water), Reporting and recordkeeping
                                             fields, and governmental jurisdictions                  13175, Consultation and Coordination                   requirements, Security measures,
                                             with populations of less than 50,000.                   with Indian Tribal Governments,                        Waterways.
                                             The Coast Guard certifies under 5 U.S.C.                because it does not have a substantial                   For the reasons discussed in the
                                             605(b) that this rule will not have a                   direct effect on one or more Indian                    preamble, the Coast Guard amends 33
                                             significant economic impact on a                        tribes, on the relationship between the                CFR part 165 as follows:
                                             substantial number of small entities.                   Federal Government and Indian tribes,
                                                While the precise number of small                    or on the distribution of power and                    PART 165—REGULATED NAVIGATION
                                             entities impacted is unknown, it is                     responsibilities between the Federal                   AREAS AND LIMITED ACCESS AREAS
                                             expected that the number of vessels in                  Government and Indian tribes. If you
                                             this portion of the Atlantic Intracoastal               believe this rule has implications for                 ■ 1. The authority citation for part 165
                                             Waterway during the event will be low.                  federalism or Indian tribes, please                    continues to read as follows:
                                             For the reasons stated in section V.A.                  contact the person listed in the FOR                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             above, this rule will not have a                        FURTHER INFORMATION CONTACT section                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             significant economic impact on any                      above.                                                 Department of Homeland Security Delegation
                                             vessel owner or operator.                                                                                      No. 0170.1.
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                            ■ 2. Add § 165.T05–0612 to read as
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                     follows:
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires
                                             we want to assist small entities in                     Federal agencies to assess the effects of              § 165.T05–0612 Safety Zone, Atlantic
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In             Intracoastal Waterway, Swansboro, NC.
                                             would affect your small business,                       particular, the Act addresses actions                    (a) Location. The following area is a
                                             organization, or governmental                           that may result in the expenditure by a                safety zone: All navigable waters within
                                             jurisdiction and you have questions                     State, local, or tribal government, in the             a 150 yard radius of the fireworks
                                             concerning its provisions or options for                aggregate, or by the private sector of                 launch location at approximate position:
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or               Latitude 34°41′02″ N, longitude
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                 077°07′04″ W, on the Atlantic
                                             CONTACT section.                                        will not result in such an expenditure,                Intracoastal Waterway near Swansboro,
                                                Small businesses may send comments                   we do discuss the effects of this rule                 North Carolina.
                                             on the actions of Federal employees
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                                                                                                     elsewhere in this preamble.                              (b) Definitions. As used in this
                                             who enforce, or otherwise determine                                                                            section—
                                             compliance with, Federal regulations to                 F. Environment                                           Captain of the Port means the
                                             the Small Business and Agriculture                        We have analyzed this rule under                     Commander, Sector North Carolina.
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                          Designated representative means a
                                             and the Regional Small Business                         Directive 023–01 and Commandant                        Coast Guard Patrol Commander,
                                             Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                 including a Coast Guard commissioned,


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                                                                         Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations                                                     30879

                                             warrant, or petty officer designated by                               SUMMARY:    The Environmental Protection                 telephone number: (919) 541–5635;
                                             the Captain of the Port North Carolina                                Agency (EPA) is taking final action to                   email address: parker.barrett@epa.gov.
                                             (COTP) for the enforcement of the safety                              extend the period during which certain
                                                                                                                                                                            SUPPLEMENTARY INFORMATION:    The
                                             zone.                                                                 electronic reports required by the
                                               (c) Regulations. (1) The general                                                                                             information in this preamble is
                                                                                                                   Mercury and Air Toxics Standards
                                             regulations governing safety zones in                                                                                          organized as follows:
                                                                                                                   (MATS) may be submitted as portable
                                             subpart C of this part apply to the area                              document format (PDF) files using the                    I. General Information
                                             described in paragraph (a) of this                                    Emissions Collection and Monitoring                         A. Does this action apply to me?
                                             section.                                                              Plan System (ECMPS) Client Tool. This                       B. What action is the Agency taking?
                                                (2) Entry into or remaining in this                                action will extend the end date of that                     C. What is the Agency’s authority for
                                             safety zone is prohibited unless                                                                                                     taking this action?
                                                                                                                   period from June 30, 2018, to July 1,                       D. What are the incremental costs and
                                             authorized by the COTP North Carolina                                 2020. This extension is necessary                              benefits of this action?
                                             or the COTP North Carolina’s                                          because the electronic reporting system                  II. Supplemental Information
                                             designated representative.                                            that owners or operators of affected                        A. Background
                                                (3) All vessels within this safety zone                            MATS sources will be required to use                        B. Why is the Agency taking final action
                                             when this section becomes effective                                   when PDF filing is no longer allowed                           without providing an opportunity for
                                             must depart the zone immediately.                                     will not be available by June 30, 2018.                        public comment?
                                                (4) To request permission to remain                                This extension does not alter the                           C. Why is the Agency making this action
                                             in, enter, or transit through the safety                              responsibility of owners or operators of                       effective on July 1, 2018?
                                             zone, contact the COTP North Carolina                                 affected MATS sources to comply with                     III. What is the scope of this amendment?
                                             or the COTP North Carolina’s                                          the applicable MATS and report their                     IV. What specific amendments to 40 CFR part
                                             representative through the Coast Guard                                                                                               63, subpart UUUUU are made by this
                                                                                                                   compliance information to the
                                             Sector North Carolina Command Duty                                                                                                   rule?
                                                                                                                   appropriate authority. In addition, this                 V. Statutory and Executive Order Reviews
                                             Officer, Wilmington, North Carolina, at                               extension ensures that the compliance
                                             telephone number 910–343–3882, or on                                                                                              A. Executive Order 12866: Regulatory
                                                                                                                   information can be submitted in a                              Planning and Review and Executive
                                             VHF–FM marine band radio channel 13                                   timely manner and made available to                            Order 13563: Improving Regulation and
                                             (165.65 MHz) or channel 16 (156.8                                     the public. Finally, this rule is effective                    Regulatory Review
                                             MHz).                                                                 on July 1, 2018, to provide the regulated                   B. Executive Order 13771: Reducing
                                                (d) Enforcement. The U.S. Coast                                    community a continuous and viable                              Regulations and Controlling Regulatory
                                             Guard may be assisted in the patrol and                               vehicle to submit compliance reports.                          Costs
                                             enforcement of the safety zone by                                                                                                 C. Paperwork Reduction Act (PRA)
                                             Federal, State, and local agencies.                                   DATES: This final rule is effective on July
                                                                                                                                                                               D. Regulatory Flexibility Act (RFA)
                                                                                                                   1, 2018.                                                    E. Unfunded Mandates Reform Act
                                               Dated: June 25, 2018.
                                                                                                                   ADDRESSES: Docket: The EPA has                                 (UMRA)
                                             Bion B. Stewart,
                                                                                                                   established a docket for this action                        F. Executive Order 13132: Federalism
                                             Captain, U.S. Coast Guard, Captain of the                                                                                         G. Executive Order 13175: Consultation
                                                                                                                   under Docket ID No. EPA–HQ–OAR–
                                             Port North Carolina.                                                                                                                 and Coordination With Indian Tribal
                                                                                                                   2009–0234. All documents in the docket
                                             [FR Doc. 2018–14169 Filed 6–29–18; 8:45 am]                                                                                          Governments
                                                                                                                   are listed on the https://
                                             BILLING CODE 9110–04–P
                                                                                                                   www.regulations.gov website. Although                       H. Executive Order 13045: Protection of
                                                                                                                                                                                  Children From Environmental Health
                                                                                                                   listed in the index, some information is                       Risks and Safety Risks
                                                                                                                   not publicly available, e.g., confidential                  I. Executive Order 13211: Actions
                                             ENVIRONMENTAL PROTECTION                                              business information (CBI) or other                            Concerning Regulations That
                                             AGENCY                                                                information whose disclosure is                                Significantly Affect Energy Supply,
                                                                                                                   restricted by statute. Certain other                           Distribution, or Use
                                             40 CFR Part 63
                                                                                                                   material, such as copyrighted material,                     J. National Technology Transfer and
                                             [EPA–HQ–OAR–2009–0234; FRL–9980–41–                                   is not placed on the internet and will be                      Advancement Act (NTTAA)
                                             OAR]                                                                  publicly available only in hard copy.                       K. Executive Order 12898: Federal Actions
                                                                                                                   Publicly available docket materials are                        To Address Environmental Justice in
                                             RIN 2060–AT42                                                                                                                        Minority Populations and Low-Income
                                                                                                                   available electronically through https://
                                                                                                                                                                                  Populations
                                             Remaining Requirements for Mercury                                    www.regulations.gov.
                                                                                                                                                                               L. Congressional Review Act (CRA)
                                             and Air Toxics Standards (MATS)                                       FOR FURTHER INFORMATION CONTACT: Mr.
                                             Electronic Reporting Requirements                                     Barrett Parker, Sector Policies and                      I. General Information
                                             AGENCY:  Environmental Protection                                     Programs Division, Office of Air Quality                 A. Does this action apply to me?
                                             Agency (EPA).                                                         Planning and Standards (D243–05),
                                                                                                                   Environmental Protection Agency,                            Categories and entities potentially
                                             ACTION: Final rule.
                                                                                                                   Research Triangle Park, NC 27711;                        affected by this action include:

                                                                     Category                                  NAICS code 1                                  Examples of potentially regulated entities

                                             Industry .....................................................              221112   Fossil   fuel-fired   EGUs.
                                             Federal government ..................................                  2 221122      Fossil   fuel-fired   EGUs owned by the Federal government.
                                             State/local/Tribal government ...................                      2 221122      Fossil   fuel-fired   EGUs owned by municipalities.
                                                                                                                         921150   Fossil   fuel-fired   EGUs in Indian country.
daltland on DSKBBV9HB2PROD with RULES




                                                1 NorthAmerican Industry Classification System.
                                                2 Federal, state, or local government-owned and operated establishments are classified according to the activity in which they are engaged.




                                               This table is not intended to be                                    for readers regarding entities likely to be              the types of entities that the EPA is now
                                             exhaustive, but rather provides a guide                               regulated by this action. This table lists               aware could potentially be regulated by


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Document Created: 2018-06-30 00:18:13
Document Modified: 2018-06-30 00:18:13
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 8:45 p.m. through 9:45 p.m. on July 4, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Matthew Tyson, Waterways Management Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone 910-772-2221, email [email protected]
FR Citation83 FR 30877 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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