83_FR_44650 83 FR 44480 - Safety Zone; Fireworks Display, Indian River Bay, Long Neck, DE

83 FR 44480 - Safety Zone; Fireworks Display, Indian River Bay, Long Neck, DE

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 170 (August 31, 2018)

Page Range44480-44482
FR Document2018-18936

The Coast Guard is establishing a temporary safety zone on waters of Indian River Bay off Long Neck, DE, from 7:30 p.m. through 8:30 p.m. on September 2, 2018, during the Labor Day Long Neck Style Fireworks Display. The safety zone is necessary to ensure the safety of participant vessels, spectators, and the boating public during the event. This regulation prohibits persons and non-participant vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Delaware Bay or a designated representative.

Federal Register, Volume 83 Issue 170 (Friday, August 31, 2018)
[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Rules and Regulations]
[Pages 44480-44482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18936]



[[Page 44480]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0737]
RIN 1625-AA00


Safety Zone; Fireworks Display, Indian River Bay, Long Neck, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
waters of Indian River Bay off Long Neck, DE, from 7:30 p.m. through 
8:30 p.m. on September 2, 2018, during the Labor Day Long Neck Style 
Fireworks Display. The safety zone is necessary to ensure the safety of 
participant vessels, spectators, and the boating public during the 
event. This regulation prohibits persons and non-participant vessels 
from entering, transiting through, anchoring in, or remaining within 
the safety zone unless authorized by the Captain of the Port (COTP) 
Delaware Bay or a designated representative.

DATES: This rule is effective from 7:30 p.m. through 8:30 p.m. on 
September 2, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0737 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 MST2 Thomas Welker, U.S. Coast Guard, Sector Delaware 
Bay, Waterways Management Division; telephone (215) 271-4814, email 
secdelbaywwm@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable and contrary to 
the public interest to do so. There is insufficient time to allow for a 
reasonable comment period prior to the date of the event. The rule must 
be in force by September 2, 2018, to serve its purpose of ensuring the 
safety of spectators and the general public from hazards associated 
with the fireworks display. Hazards include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris.
    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 the public interest 
because immediate action is needed to mitigate the potential safety 
hazards associated with a fireworks display in this location.

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 Delaware Bay (COTP) has determined that 
potential hazards associated with the fireworks display on September 2, 
2018, will be a safety concern for anyone within a 100-yard radius of 
the fireworks barge, which will be anchored in approximate position 
38[deg]36'35.93'' N, 075[deg]09'31.00'' NW. This rule is needed to 
protect persons, vessels and the public within the safety zone during 
the fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the waters of 
Indian River Bay off Long Neck, NJ during a fireworks display from a 
barge. The event is scheduled to take place at 7:45 p.m. on September 
2, 2018. The safety zone will extend 100 yards around the barge, which 
will be anchored at approximate position 38[deg]36'35.93'' N, 
075[deg]09'31.00'' W. No person or vessel will be permitted to enter, 
transit through, anchor in, or remain within the safety zone without 
obtaining permission from the COTP Delaware Bay or a designated 
representative. If authorization to enter, transit through, anchor in, 
or remain within the safety zone is granted by the COTP Delaware Bay or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP Delaware 
Bay or a designated representative. The Coast Guard will provide public 
notice of the safety zone by Broadcast Notice to Mariners, and by on-
scene actual notice.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The impact of this rule is not significant for the following 
reasons: (1) Although persons and vessels may not enter, transit 
through, anchor in, or remain within the safety zone without 
authorization from the COTP Delaware Bay or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; (2) persons and vessels will still be able to 
enter, transit through, anchor in, or remain within the regulated area 
if authorized by the COTP Delaware Bay or a designated representative; 
and (3) the Coast Guard will provide advance notification of the safety 
zone to the local maritime community by Broadcast Notice to Mariners 
and by on-scene actual notice.

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

[[Page 44481]]

with populations of less than 50,000. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 that will prohibit persons and vessels from entering, 
transiting through, anchoring in, or remaining within a limited area on 
the navigable water in the Indian River Bay, during a fireworks display 
lasting approximately one hour. 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 (REC) 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.T05-0737 to read as follows:

Sec.  165.T05-0614   Safety Zone; Fireworks, Indian River Bay, Long 
Neck, DE.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Indian River Bay near Long Neck, NJ, within 100 yards of 
the barge anchored at approximate position 38[deg]36'35.93'' N, 
075[deg]09'31.00'' W. All coordinates are based on 1984 World Geodetic 
System.
    (b) Definitions As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
or on board a federal, state, or local law enforcement vessel assisting 
the Captain of the Port (COTP), Delaware Bay in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, contact the 
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (3) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (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.
    (e) Enforcement period. This zone will be enforced from 7:30 p.m. 
through 8:30 p.m. on September 2, 2018.



[[Page 44482]]


    Dated: August 28, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-18936 Filed 8-30-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             44480              Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations

                                             DEPARTMENT OF HOMELAND                                  Administrative Procedure Act (APA) (5                 zone is granted by the COTP Delaware
                                             SECURITY                                                U.S.C. 553(b)). This provision                        Bay or a designated representative, all
                                                                                                     authorizes an agency to issue a rule                  persons and vessels receiving such
                                             Coast Guard                                             without prior notice and opportunity to               authorization must comply with the
                                                                                                     comment when the agency for good                      instructions of the COTP Delaware Bay
                                             33 CFR Part 165                                         cause finds that those procedures are                 or a designated representative. The
                                                                                                     ‘‘impracticable, unnecessary, or contrary             Coast Guard will provide public notice
                                             [Docket Number USCG–2018–0737]
                                                                                                     to the public interest.’’ Under 5 U.S.C.              of the safety zone by Broadcast Notice
                                             RIN 1625–AA00                                           553(b)(B), the Coast Guard finds that                 to Mariners, and by on-scene actual
                                                                                                     good cause exists for not publishing a                notice.
                                             Safety Zone; Fireworks Display, Indian                  notice of proposed rulemaking (NPRM)
                                                                                                                                                           V. Regulatory Analyses
                                             River Bay, Long Neck, DE                                with respect to this rule because it is
                                                                                                     impracticable and contrary to the public                We developed this rule after
                                             AGENCY:    Coast Guard, DHS.                            interest to do so. There is insufficient              considering numerous statutes and
                                             ACTION:   Temporary final rule.                         time to allow for a reasonable comment                Executive orders related to rulemaking.
                                                                                                     period prior to the date of the event. The            Below we summarize our analyses
                                             SUMMARY:   The Coast Guard is                           rule must be in force by September 2,                 based on a number of these statutes and
                                             establishing a temporary safety zone on                 2018, to serve its purpose of ensuring                Executive orders, and we discuss First
                                             waters of Indian River Bay off Long                     the safety of spectators and the general              Amendment rights of protestors.
                                             Neck, DE, from 7:30 p.m. through 8:30                   public from hazards associated with the
                                             p.m. on September 2, 2018, during the                                                                         A. Regulatory Planning and Review
                                                                                                     fireworks display. Hazards include
                                             Labor Day Long Neck Style Fireworks                     accidental discharge of fireworks,                       Executive Orders 12866 and 13563
                                             Display. The safety zone is necessary to                dangerous projectiles, and falling hot                direct agencies to assess the costs and
                                             ensure the safety of participant vessels,               embers or other debris.                               benefits of available regulatory
                                             spectators, and the boating public                         Under 5 U.S.C. 553(d)(3), the Coast                alternatives and, if regulation is
                                             during the event. This regulation                       Guard finds that good cause exists for                necessary, to select regulatory
                                             prohibits persons and non-participant                   making this rule effective less than 30               approaches that maximize net benefits.
                                             vessels from entering, transiting                       days after publication in the Federal                 Executive Order 13771 directs agencies
                                             through, anchoring in, or remaining                     Register. Delaying the effective date of              to control regulatory costs through a
                                             within the safety zone unless authorized                this rule would be impracticable and                  budgeting process. This rule has not
                                             by the Captain of the Port (COTP)                       contrary to the public interest because               been designated a ‘‘significant
                                             Delaware Bay or a designated                            immediate action is needed to mitigate                regulatory action,’’ under Executive
                                             representative.                                         the potential safety hazards associated               Order 12866. Accordingly, this rule has
                                             DATES: This rule is effective from 7:30                 with a fireworks display in this location.            not been reviewed by the Office of
                                             p.m. through 8:30 p.m. on September 2,                                                                        Management and Budget (OMB), and
                                                                                                     III. Legal Authority and Need for Rule                pursuant to OMB guidance it is exempt
                                             2018.
                                                                                                        The Coast Guard is issuing this rule               from the requirements of Executive
                                             ADDRESSES: To view documents
                                                                                                     under authority in 33 U.S.C. 1231. The                Order 13771.
                                             mentioned in this preamble as being                     Captain of the Port Delaware Bay                         The impact of this rule is not
                                             available in the docket, go to http://                  (COTP) has determined that potential                  significant for the following reasons: (1)
                                             www.regulations.gov, type USCG–2018–                    hazards associated with the fireworks                 Although persons and vessels may not
                                             0737 in the ‘‘SEARCH’’ box and click                    display on September 2, 2018, will be a               enter, transit through, anchor in, or
                                             ‘‘SEARCH.’’ Click on Open Docket                        safety concern for anyone within a 100-               remain within the safety zone without
                                             Folder on the line associated with this                 yard radius of the fireworks barge,                   authorization from the COTP Delaware
                                             rule.                                                   which will be anchored in approximate                 Bay or a designated representative, they
                                             FOR FURTHER INFORMATION CONTACT: If                     position 38°36′35.93″ N, 075°09′31.00″                may operate in the surrounding area
                                             you have questions on this rule, call or                NW. This rule is needed to protect                    during the enforcement period; (2)
                                             email MST2 Thomas Welker, U.S. Coast                    persons, vessels and the public within                persons and vessels will still be able to
                                             Guard, Sector Delaware Bay, Waterways                   the safety zone during the fireworks                  enter, transit through, anchor in, or
                                             Management Division; telephone (215)                    display.                                              remain within the regulated area if
                                             271–4814, email secdelbaywwm@                                                                                 authorized by the COTP Delaware Bay
                                             uscg.mil.                                               IV. Discussion of the Rule
                                                                                                                                                           or a designated representative; and (3)
                                             SUPPLEMENTARY INFORMATION:
                                                                                                        This rule establishes a temporary                  the Coast Guard will provide advance
                                                                                                     safety zone on the waters of Indian                   notification of the safety zone to the
                                             I. Table of Abbreviations                               River Bay off Long Neck, NJ during a                  local maritime community by Broadcast
                                             CFR—Code of Federal Regulations                         fireworks display from a barge. The                   Notice to Mariners and by on-scene
                                             COTP—Captain of the Port                                event is scheduled to take place at 7:45              actual notice.
                                             DHS—Department of Homeland Security                     p.m. on September 2, 2018. The safety
                                             FR—Federal Register                                     zone will extend 100 yards around the                 B. Impact on Small Entities
                                             NPRM—Notice of proposed rulemaking                      barge, which will be anchored at                         The Regulatory Flexibility Act of
                                             §—Section                                               approximate position 38°36′35.93″ N,                  1980, 5 U.S.C. 601–612, as amended,
                                             U.S.C.—United States Code                               075°09′31.00″ W. No person or vessel                  requires Federal agencies to consider
                                                                                                     will be permitted to enter, transit                   the potential impact of regulations on
daltland on DSKBBV9HB2PROD with RULES




                                             II. Background Information and                          through, anchor in, or remain within the              small entities during rulemaking. The
                                             Regulatory History                                      safety zone without obtaining                         term ‘‘small entities’’ comprises small
                                               The Coast Guard is issuing this                       permission from the COTP Delaware                     businesses, not-for-profit organizations
                                             temporary rule without prior notice and                 Bay or a designated representative. If                that are independently owned and
                                             opportunity to comment pursuant to                      authorization to enter, transit through,              operated and are not dominant in their
                                             authority under section 4(a) of the                     anchor in, or remain within the safety                fields, and governmental jurisdictions


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                                                                Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations                                         44481

                                             with populations of less than 50,000.                   direct effect on one or more Indian                   requirements, Security measures,
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               Waterways.
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,
                                             significant economic impact on a                        or on the distribution of power and                     For the reasons discussed in the
                                             substantial number of small entities.                   responsibilities between the Federal                  preamble, the Coast Guard amends 33
                                                While some owners or operators of                    Government and Indian tribes. If you                  CFR part 165 as follows:
                                             vessels intending to transit the safety                 believe this rule has implications for
                                             zone may be small entities, for the                                                                           PART 165—REGULATED NAVIGATION
                                                                                                     federalism or Indian tribes, please
                                             reasons stated in section V.A above, this               contact the person listed in the FOR                  AREAS AND LIMITED ACCESS AREAS
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section
                                             economic impact on any vessel owner                     above.                                                ■ 1. The authority citation for part 165
                                             or operator.                                                                                                  continues to read as follows:
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             Fairness Act of 1996 (Public Law 104–                   of 1995 (2 U.S.C. 1531–1538) requires                 Department of Homeland Security Delegation
                                             121), we want to assist small entities in               Federal agencies to assess the effects of             No. 0170.1.
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In
                                             would affect your small business,                       particular, the Act addresses actions                 ■ 2. Add § 165.T05–0737 to read as
                                             organization, or governmental                           that may result in the expenditure by a               follows:
                                             jurisdiction and you have questions                     State, local, or tribal government, in the
                                             concerning its provisions or options for                aggregate, or by the private sector of                § 165.T05–0614 Safety Zone; Fireworks,
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              Indian River Bay, Long Neck, DE.
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                   (a) Location. The following area is a
                                             CONTACT section.                                        will not result in such an expenditure,               safety zone: All navigable waters of the
                                                Small businesses may send comments                   we do discuss the effects of this rule                Indian River Bay near Long Neck, NJ,
                                             on the actions of Federal employees                     elsewhere in this preamble.
                                             who enforce, or otherwise determine                                                                           within 100 yards of the barge anchored
                                             compliance with, Federal regulations to                 F. Environment                                        at approximate position 38°36′35.93″ N,
                                             the Small Business and Agriculture                         We have analyzed this rule under                   075°09′31.00″ W. All coordinates are
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                       based on 1984 World Geodetic System.
                                             and the Regional Small Business                         Directive 023–01 and Commandant                          (b) Definitions As used in this section,
                                             Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                designated representative means a Coast
                                             Ombudsman evaluates these actions                       Coast Guard in complying with the                     Guard Patrol Commander, including a
                                             annually and rates each agency’s                        National Environmental Policy Act of                  Coast Guard petty officer, warrant or
                                             responsiveness to small business. If you                1969(42 U.S.C. 4321–4370f), and have                  commissioned officer on board a Coast
                                             wish to comment on actions by                           determined that this action is one of a               Guard vessel or on board a federal, state,
                                             employees of the Coast Guard, call 1–                   category of actions that do not                       or local law enforcement vessel assisting
                                             888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                   the Captain of the Port (COTP),
                                             Coast Guard will not retaliate against                  significant effect on the human                       Delaware Bay in the enforcement of the
                                             small entities that question or complain                environment. This rule involves a safety              safety zone.
                                             about this rule or any policy or action                 zone that will prohibit persons and
                                             of the Coast Guard.                                     vessels from entering, transiting                        (c) Regulations. (1) Under the general
                                                                                                     through, anchoring in, or remaining                   safety zone regulations in subpart C of
                                             C. Collection of Information                            within a limited area on the navigable                this part, you may not enter the safety
                                               This rule will not call for a new                     water in the Indian River Bay, during a               zone described in paragraph (a) of this
                                             collection of information under the                     fireworks display lasting approximately               section unless authorized by the COTP
                                             Paperwork Reduction Act of 1995 (44                     one hour. It is categorically excluded                or the COTP’s designated representative.
                                             U.S.C. 3501–3520).                                      from further review under paragraph                      (2) To seek permission to enter or
                                             D. Federalism and Indian Tribal                         L60(a) of Appendix A, Table 1 of DHS                  remain in the zone, contact the COTP or
                                             Governments                                             Instruction Manual 023–01–001–01,                     the COTP’s representative via VHF–FM
                                                                                                     Rev. 01. A Record of Environmental                    channel 16 or 215–271–4807. Those in
                                                A rule has implications for federalism               Consideration (REC) supporting this
                                             under Executive Order 13132,                                                                                  the safety zone must comply with all
                                                                                                     determination is available in the docket              lawful orders or directions given to
                                             Federalism, if it has a substantial direct              where indicated under ADDRESSES.
                                             effect on the States, on the relationship                                                                     them by the COTP or the COTP’s
                                             between the national government and                     G. Protest Activities                                 designated representative.
                                             the States, or on the distribution of                     The Coast Guard respects the First                     (3) This section applies to all vessels
                                             power and responsibilities among the                    Amendment rights of protesters.                       except those engaged in law
                                             various levels of government. We have                   Protesters are asked to contact the                   enforcement, aids to navigation
                                             analyzed this rule under that Order and                 person listed in the FOR FURTHER                      servicing, and emergency response
                                             have determined that it is consistent                   INFORMATION CONTACT section to                        operations.
                                             with the fundamental federalism                         coordinate protest activities so that your               (d) Enforcement. The U.S. Coast
daltland on DSKBBV9HB2PROD with RULES




                                             principles and preemption requirements                  message can be received without                       Guard may be assisted in the patrol and
                                             described in Executive Order 13132.                     jeopardizing the safety or security of
                                                Also, this rule does not have tribal                                                                       enforcement of the safety zone by
                                                                                                     people, places or vessels.                            federal, state, and local agencies.
                                             implications under Executive Order
                                             13175, Consultation and Coordination                    List of Subjects in 33 CFR Part 165                      (e) Enforcement period. This zone
                                             with Indian Tribal Governments,                           Harbors, Marine safety, Navigation                  will be enforced from 7:30 p.m. through
                                             because it does not have a substantial                  (water), Reporting and recordkeeping                  8:30 p.m. on September 2, 2018.


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                                             44482              Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations

                                               Dated: August 28, 2018.                               as safety zones during the periods of                 SUPPLEMENTARY INFORMATION:     The
                                             S.E. Anderson,                                          enforcement. During the enforcement                   Department is correcting a clerical error
                                             Captain, U.S. Coast Guard, Captain of the               period, no person or vessel may enter,                in an amendment in FR Rule Doc. No.
                                             Port Delaware Bay.                                      transit through, anchor within, or                    2018–17480, which published on
                                             [FR Doc. 2018–18936 Filed 8–30–18; 8:45 am]             remain within the established regulated               August 22, 2018, at 83 FR 42440. The
                                             BILLING CODE 9110–04–P                                  areas without approval from the Captain               rule removed outdated or superseded
                                                                                                     of the Port Key West or designated                    regulations in 34 CFR parts 200, 237,
                                                                                                     representative. The Coast Guard may be                and 299. One of the amendments to part
                                             DEPARTMENT OF HOMELAND                                  assisted by other Federal, State, or local            200 intended to remove §§ 200.55
                                             SECURITY                                                law enforcement agencies in enforcing                 through 200.57. The heading to the
                                                                                                     this regulation.                                      amendment reflected that section span
                                             Coast Guard                                                The Coast Guard will provide notice                but its corresponding instruction
                                                                                                     of the regulated area by Local Notice to              (instruction 8) directed the removal of
                                             33 CFR Part 165                                         Mariners and Broadcast Notice to                      § 200.57 only. This document correctly
                                             [Docket No. USCG–2018–0764]                             Mariners. If the Captain of the Port Key              removes §§ 200.55 and 200.56 as
                                                                                                     West determines that the regulated area               originally intended in the August 22,
                                             Safety Zone; Annual Swim for Alligator                  need not be enforced for the full                     2018, rule.
                                             Reef Lighthouse, Islamorada, FL                         duration stated in this publication, he or
                                                                                                     she may use a Broadcast Notice to                     List of Subjects in 34 CFR Part 200
                                             AGENCY:  Coast Guard, DHS.
                                                                                                     Mariners to grant general permission to                 Education of disadvantaged,
                                             ACTION: Notice of enforcement of                                                                              Elementary and secondary education,
                                                                                                     enter the regulated area.
                                             regulation.                                                                                                   Grant programs-education, Indians-
                                                                                                       Dated: August 27, 2018.
                                             SUMMARY:   The Coast Guard will enforce                 F.S. Rego,
                                                                                                                                                           education, Infants and children,
                                             the temporary safety zone for the 6th                                                                         Juvenile delinquency, Migrant labor,
                                                                                                     Captain, U.S. Coast Guard, Captain of the
                                             Annual Swim for Alligator Reef                          Port Key West.
                                                                                                                                                           Private schools, Reporting and
                                             Lighthouse, Islamorada, Florida from                                                                          recordkeeping requirements.
                                                                                                     [FR Doc. 2018–18931 Filed 8–30–18; 8:45 am]
                                             6:30 a.m. until 4:30 p.m. on September                  BILLING CODE 9110–04–P
                                                                                                                                                             Dated: August 28, 2018.
                                             15, 2018. Our regulation for Recurring                                                                        Frank Brogan,
                                             Safety Zones in Captain of the Port Key                                                                       Assistant Secretary for Elementary and
                                             West Zone identifies the regulated area                                                                       Secondary Education.
                                                                                                     DEPARTMENT OF EDUCATION
                                             for this event. This action is necessary
                                             to ensure the safety of event participants                                                                      For reasons discussed in the
                                                                                                     34 CFR Part 200                                       preamble, the Secretary correctly
                                             and spectators. During the enforcement
                                             period, no person or vessel may enter,                  RIN 1810–AB43 and 1810–AB44                           amends 34 CFR part 200 as follows:
                                             transit through, anchor in, or remain
                                                                                                     Outdated or Superseded Regulations:                   PART 200—TITLE I—IMPROVING THE
                                             within the regulated area without
                                                                                                     Title I, Parts A Through C; Christa                   ACADEMIC ACHIEVEMENT OF THE
                                             approval from the Captain of the Port
                                                                                                     McAuliffe Fellowship Program; and                     DISADVANTAGED
                                             Key West or a designated representative.
                                                                                                     Empowerment Zone or Enterprise
                                             DATES: The regulations in 33 CFR                                                                              ■ 1. The authority citation for part 200
                                                                                                     Community—Priority; Correction
                                             165.786, Table to § 165.786, Line No. 9.1                                                                     continues to read as follows:
                                             will be enforced from 6:30 a.m. until                   AGENCY:  Office of Elementary and                       Authority: 20 U.S.C. 6301 through 6576,
                                             4:30 p.m. on September 15, 2018.                        Secondary Education, Department of                    unless otherwise noted.
                                             FOR FURTHER INFORMATION CONTACT: If                     Education.
                                             you have questions on this notice, call                 ACTION: Correcting amendment.                         §§ 200.55 and 200.56     [Removed and
                                             or email Gregory Bergstrom, Sector Key                                                                        Reserved]
                                             West Waterways Management                               SUMMARY:   On August 22, 2018, the                    ■ 2. Remove and reserve §§ 200.55 and
                                             Department, Coast Guard; telephone                      Secretary published a final rule                      200.56.
                                             (305) 292–8772; email                                   amending the Code of Federal
                                                                                                                                                           [FR Doc. 2018–18960 Filed 8–30–18; 8:45 am]
                                             Greg.C.Bergstrom@uscg.mil.                              Regulations (CFR) by removing outdated
                                                                                                     or superseded regulations, which are no               BILLING CODE 4000–01–P
                                             SUPPLEMENTARY INFORMATION: The Coast
                                             Guard will enforce the safety zones in                  longer needed for the reasons discussed
                                             33 CFR 165.786, Table to § 165.786,                     in the rule. There was a clerical error in
                                             Line No. 9.1, from 6:30 a.m. until 4:30                 one of the amendments that prevented                  ENVIRONMENTAL PROTECTION
                                             p.m. on September 15, 2018, for the                     two CFR sections from being removed.                  AGENCY
                                             annual Swim for Alligator Reef                          This document corrects that error.
                                                                                                                                                           40 CFR Part 52
                                             Lighthouse in Islamorada, Florida. Our                  DATES: This correction is effective
                                             regulation for Recurring Safety Zones in                August 31, 2018.                                      [EPA–R03–OAR–2017–0441; FRL–9983–
                                             Captain of the Port Key West Zone,                      FOR FURTHER INFORMATION CONTACT:                      07—Region 3]
                                             § 165.786, Line No. 9.1, specifies the                  Anna Lieth, U.S. Department of
                                             location of the regulated area as all                   Education, 400 Maryland Avenue SW,                    Approval and Promulgation of Air
                                             within 50 yards in front of the lead                    Room 3W337, Washington, DC 20202.                     Quality Implementation Plans;
                                                                                                                                                           Maryland; Infrastructure Requirements
daltland on DSKBBV9HB2PROD with RULES




                                             safety vessel preceding the first event                 Telephone: (202) 453–5682. Email:
                                             participants, 50 yards behind the safety                Anna.Lieth@ed.gov.                                    for the 2012 Fine Particulate Matter
                                             vessel trailing the last event                             If you use a telecommunications                    National Ambient Air Quality Standard
                                             participants, and at all times extend 100               device for the deaf (TDD) or a text                   AGENCY:  Environmental Protection
                                             yards on either side of the safety vessels.             telephone (TTY), call the Federal Relay               Agency (EPA).
                                                This action prevents vessels from                    Service (FRS), toll free, at 1–800–877–
                                                                                                                                                           ACTION: Final rule.
                                             transiting areas specifically designated                8339.


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Document Created: 2018-08-31 00:53:31
Document Modified: 2018-08-31 00:53:31
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 7:30 p.m. through 8:30 p.m. on September 2, 2018.
ContactIf you have questions on this rule, call or email MST2 Thomas Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division; telephone (215) 271-4814, email [email protected]
FR Citation83 FR 44480 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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