83_FR_50504 83 FR 50310 - Safety Zone; Tumon Bay, Tumon, GU

83 FR 50310 - Safety Zone; Tumon Bay, Tumon, GU

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50310-50312
FR Document2018-21621

The Coast Guard proposes to establish a temporary safety zone for navigable waters within a 190 yard radius of a fireworks barge located in Tumon Bay for the New Year's Eve Fireworks display. The Coast Guard believes this safety zone is necessary to protect the public from potential hazards created by the fireworks display fallout. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Guam (COTP). We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Proposed Rules]
[Pages 50310-50312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21621]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0864]
RIN 1625-AA00


Safety Zone; Tumon Bay, Tumon, GU

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for navigable waters within a 190 yard radius of a fireworks barge 
located in Tumon Bay for the New Year's Eve Fireworks display. The 
Coast Guard believes this safety zone is necessary to protect the 
public from potential hazards created by the fireworks display fallout. 
This proposed rulemaking would prohibit persons and vessels from being 
in the safety zone unless authorized by the Captain of the Port Guam 
(COTP). We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0864 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Chief Todd Wheeler, Waterways 
Management, U.S. Coast Guard; telephone 671-355-4566, email 
[email protected].

[[Page 50311]]


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

II. Background, Purpose, and Legal Basis

    The fireworks display is anticipated to be from midnight on 
December 31, 2018 through 00:30 a.m. on January 1, 2019, to celebrate 
New Year's Eve. The fireworks are to be launched from a barge in Tumon 
Bay approximately 350 yards north of Joseph F. Flores Beach Park. 
Hazards from fireworks displays include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. The COTP has determined that potential hazards associated with 
the fireworks to be used in this display would be a safety concern for 
anyone within a 190 yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 190 yard radius of the fireworks 
barge before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 9 p.m. on 
December 31, 2018 through 1 a.m. on January 1, 2019. The safety zone 
would cover all navigable waters within 190 yards of the fireworks 
barge. The safety zone will cover all navigable waters within a 190 
yards of the barge. The duration of the zone is intended to protect the 
public before, during, and after the fireworks display. No vessel or 
person would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance, it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Tumon Bay for 4 hours. This is a low 
traffic area that consists mainly of outrigger canoes and sail boards 
during daylight hours. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the safety zone, 
and the rule allows vessels to seek permission to enter the zone.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this rule would have a significant economic 
impact on it, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and how and to what degree this rule would 
economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National

[[Page 50312]]

Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a safety 
zone lasting 4 hours that would prohibit entry within 190 yards of a 
fireworks barge. Normally such actions are 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 preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. We accept anonymous comments. All comments received will 
be posted without change to https://www.regulations.gov and will 
include any personal information you have provided. For more about 
privacy and the docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, you may go to the online docket and sign up 
for email alerts, and you will be notified when comments are posted or 
a final rule is published.

 List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record-
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 3 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.T14-0864 to read as follows:


Sec.  165. T14-0864  Safety Zone; Tumon Bay, Tumon, GU.

    (a) Location. The following areas, within the Guam Captain of the 
Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters on the 
surface and below the surface within 190 yards of the fireworks barge 
participating in the New Year's Eve Fireworks display.
    (1) Location. The following position 13 degrees 30 minutes 24.99 
seconds N Latitude, 144 degrees 47 minutes 21.93 seconds E Longitude 
are to be used as a guide to the location of the barge.
    (b) Effective Dates. This rule is effective from 9 p.m. on December 
31, 2018 through 1 a.m. on January 1, 2019.
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce this temporary safety zone.
    (d) Waiver. The COTP may waive any of the requirements of this rule 
for any person, vessel, or class of vessel upon finding that 
application of the safety zone is unnecessary or impractical for the 
purpose of maritime security.
    (g) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: October 1, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-21621 Filed 10-4-18; 8:45 am]
BILLING CODE 9110-04-P



                                                 50310                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 no costs will be incurred by issuers and                asset-backed security if certain                      §§ 230.901 through 230.905 (Regulation
                                                 underwriters as a result of the proposed                conditions are met, including:                        S) of this chapter); or
                                                 amendment to the Rule 15Ga–2                               (1) The offering is not required to be,               (B) With respect to a rated security or
                                                 exemption.                                              and is not, registered under the                      money market instrument, all offers and
                                                   The Commission encourages written                     Securities Act of 1933;                               sales by any issuer, sponsor, or
                                                 comments regarding this certification.                     (2) The issuer of the rated security is            underwriter linked to the security or
                                                 We solicit comment as to whether the                    not a U.S. person (as defined in                      money market instrument will occur
                                                 proposed amendments to Rule 17g–                        § 230.902(k)); and                                    outside the United States (as that phrase
                                                 5(a)(3), Rule 17g–7(a), and Rule 15Ga–                     (3) All offers and sales of the security           is used in §§ 230.901 through 230.905
                                                 2 could have a significant economic                     by any issuer, sponsor, or underwriter                (Regulation S) of this chapter).
                                                 impact on a substantial number of small                 linked to the security will occur outside             *      *    *    *      *
                                                 entities. The Commission requests that                  the United States (as that phrase is used               By the Commission.
                                                 commenters describe the nature of any                   in §§ 230.901 through 230.905                           Dated: September 26, 2018.
                                                 impact on small entities and provide                    (Regulation S)).
                                                                                                                                                               Brent J. Fields,
                                                 empirical data to support the extent of                 *      *     *     *    *
                                                 such impact.                                                                                                  Secretary.
                                                                                                         ■ 3. Amend § 240.17g–5 by adding
                                                                                                                                                               [FR Doc. 2018–21295 Filed 10–4–18; 8:45 am]
                                                 VIII. Statutory Authority                               paragraph (a)(3)(iv) to read as follows:
                                                                                                                                                               BILLING CODE 8011–01–P
                                                   The Commission is proposing an                        § 240.17g–5       Conflicts of interest.
                                                 amendment to 17 CFR 240.17g–5(a)(3),                       (a) * * *
                                                 17 CFR 240.17g–7(a), and 17 CRF                            (3) * * *                                          DEPARTMENT OF HOMELAND
                                                 240.15Ga–2 pursuant to the authority                       (iv) The provisions of paragraphs                  SECURITY
                                                 conferred by the Exchange Act,                          (a)(3)(i) through (iii) of this section will
                                                 including Sections 15E, 17(a), and 36                   not apply to a nationally recognized                  Coast Guard
                                                 (15 U.S.C. 78o–7, 78q, and 78mm).                       statistical rating organization when
                                                                                                         issuing or maintaining a credit rating for            33 CFR Part 165
                                                 List of Subjects in 17 CFR Part 240
                                                                                                         a security or money market instrument                 [Docket Number USCG–2018–0864]
                                                   Reporting and recordkeeping                           issued by an asset pool or as part of any
                                                 requirements, Securities.                                                                                     RIN 1625–AA00
                                                                                                         asset-backed securities transaction, if:
                                                 Text of Proposed Amendment                                 (A) The issuer of the security or                  Safety Zone; Tumon Bay, Tumon, GU
                                                                                                         money market instrument is not a U.S.
                                                   In accordance with the foregoing, the                                                                       AGENCY:   Coast Guard, DHS.
                                                                                                         person (as defined in § 230.902(k) of this
                                                 Commission proposes that title 17,                                                                            ACTION:   Notice of proposed rulemaking.
                                                                                                         chapter); and
                                                 chapter II of the Code of Federal
                                                                                                            (B) The nationally recognized
                                                 Regulations be amended as follows:                                                                            SUMMARY:   The Coast Guard proposes to
                                                                                                         statistical rating organization has a
                                                                                                                                                               establish a temporary safety zone for
                                                 PART 240—GENERAL RULES AND                              reasonable basis to conclude that all
                                                                                                                                                               navigable waters within a 190 yard
                                                 REGULATIONS, SECURITIES                                 offers and sales of the security or money
                                                                                                                                                               radius of a fireworks barge located in
                                                 EXCHANGE ACT OF 1934                                    market instrument by any issuer,
                                                                                                                                                               Tumon Bay for the New Year’s Eve
                                                                                                         sponsor, or underwriter linked to the
                                                                                                                                                               Fireworks display. The Coast Guard
                                                 ■ 1. The authority citation for part 240                security or money market instrument
                                                                                                                                                               believes this safety zone is necessary to
                                                 continues to read as follows:                           will occur outside the United States (as
                                                                                                                                                               protect the public from potential
                                                    Authority: 15 U.S.C. 77c, 77d, 77g, 77j,             that phrase is used in §§ 230.901
                                                                                                                                                               hazards created by the fireworks display
                                                 77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn,                 through 230.905 (Regulation S) of this
                                                                                                                                                               fallout. This proposed rulemaking
                                                 77sss, 77ttt, 78c, 78c–3, 78c–5, 78d, 78e, 78f,         chapter).
                                                                                                                                                               would prohibit persons and vessels
                                                 78g, 78i, 78j, 78j–1, 78k, 78k–1, 78l, 78m,             *      *     *     *     *                            from being in the safety zone unless
                                                 78n, 78n–1, 78o, 78o–4, 78o–10, 78p, 78q,               ■ 4. Amend § 240.17g–7 by revising
                                                 78q–1, 78s, 78u–5, 78w, 78x, 78ll, 78mm,                                                                      authorized by the Captain of the Port
                                                                                                         paragraph (a)(3) to read as follows:                  Guam (COTP). We invite your
                                                 80a–20, 80a–23, 80a–29, 80a–37, 80b–3, 80b–
                                                 4, 80b–11, 7201 et seq.; and 8302; 7 U.S.C.             § 240.17g–7       Disclosure requirements.            comments on this proposed rulemaking.
                                                 2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C.                                                                   DATES: Comments and related material
                                                                                                            (a) * * *
                                                 1350; and Pub. L. 111–203, 939A, 124 Stat.                                                                    must be received by the Coast Guard on
                                                 1887 (2010); and secs. 503 and 602, Pub. L.                (3) Exemption. The provisions of
                                                                                                         paragraphs (a)(1) and (2) of this section             or before November 5, 2018.
                                                 112–106, 126 Stat. 326 (2012), unless
                                                                                                         do not apply to a rating action if:                   ADDRESSES: You may submit comments
                                                 otherwise noted.
                                                                                                            (i) The rated obligor or issuer of the             identified by docket number USCG–
                                                 *      *     *       *      *                                                                                 2018–0864 using the Federal
                                                   Section 240.15Ga–2 is also issued under               rated security or money market
                                                 sec. 943, Public Law 111–203, 124 Stat. 1376.           instrument is not a U.S. person (as                   eRulemaking Portal at https://
                                                                                                         defined in § 230.902(k) of this chapter);             www.regulations.gov. See the ‘‘Public
                                                 *      *     *       *      *                                                                                 Participation and Request for
                                                   Section 240.17g–7 is also issued under sec.           and
                                                 943, Public Law 111–203, 124 Stat. 1376.                   (ii) The nationally recognized                     Comments’’ portion of the
                                                                                                         statistical rating organization has a                 SUPPLEMENTARY INFORMATION section for
                                                 *     *    *     *     *
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                                                                                                         reasonable basis to conclude that:                    further instructions on submitting
                                                 ■ 2. Amend § 240.15Ga–2 by revising                                                                           comments.
                                                 paragraph (e) to read as follows:                          (A) With respect to any security or
                                                                                                         money market instrument issued by a                   FOR FURTHER INFORMATION CONTACT: If
                                                 § 240.15Ga–2 Findings and conclusions of                rated obligor, all offers and sales by any            you have questions about this proposed
                                                 third-party due diligence reports.                      issuer, sponsor, or underwriter linked to             rulemaking, call or email Chief Todd
                                                 *    *    *     *    *                                  the security or money market                          Wheeler, Waterways Management, U.S.
                                                  (e) The requirements of this rule                      instrument will occur outside the                     Coast Guard; telephone 671–355–4566,
                                                 would not apply to an offering of an                    United States (as that phrase is used in              email wwmguam@uscg.mil.


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                                                                          Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules                                         50311

                                                 SUPPLEMENTARY INFORMATION:                              approaches that maximize net benefits.                listed in the FOR FURTHER INFORMATION
                                                                                                         Executive Order 13771 directs agencies                CONTACT section. The Coast Guard will
                                                 I. Table of Abbreviations
                                                                                                         to control regulatory costs through a                 not retaliate against small entities that
                                                 CFR Code of Federal Regulations                         budgeting process. This NPRM has not                  question or complain about this
                                                 DHS Department of Homeland Security                     been designated a ‘‘significant                       proposed rule or any policy or action of
                                                 FR Federal Register                                     regulatory action,’’ under Executive                  the Coast Guard.
                                                 NPRM Notice of proposed rulemaking
                                                 § Section
                                                                                                         Order 12866. Accordingly, the NPRM
                                                                                                         has not been reviewed by the Office of                C. Collection of Information
                                                 U.S.C. United States Code
                                                                                                         Management and Budget (OMB), and                        This proposed rule would not call for
                                                 II. Background, Purpose, and Legal                      pursuant to OMB guidance, it is exempt                a new collection of information under
                                                 Basis                                                   from the requirements of Executive                    the Paperwork Reduction Act of 1995
                                                    The fireworks display is anticipated                 Order 13771.                                          (44 U.S.C. 3501–3520).
                                                 to be from midnight on December 31,                        This regulatory action determination
                                                                                                                                                               D. Federalism and Indian Tribal
                                                 2018 through 00:30 a.m. on January 1,                   is based on the size, location, duration,
                                                                                                                                                               Governments
                                                 2019, to celebrate New Year’s Eve. The                  and time-of-year of the safety zone.
                                                 fireworks are to be launched from a                     Vessel traffic will be able to safely                    A rule has implications for federalism
                                                 barge in Tumon Bay approximately 350                    transit around this safety zone which                 under Executive Order 13132,
                                                 yards north of Joseph F. Flores Beach                   will impact a small designated area of                Federalism, if it has a substantial direct
                                                 Park. Hazards from fireworks displays                   Tumon Bay for 4 hours. This is a low                  effect on the States, on the relationship
                                                 include accidental discharge of                         traffic area that consists mainly of                  between the national government and
                                                 fireworks, dangerous projectiles, and                   outrigger canoes and sail boards during               the States, or on the distribution of
                                                 falling hot embers or other debris. The                 daylight hours. Moreover, the Coast                   power and responsibilities among the
                                                 COTP has determined that potential                      Guard will issue a Broadcast Notice to                various levels of government. We have
                                                 hazards associated with the fireworks to                Mariners via VHF–FM marine channel                    analyzed this proposed rule under that
                                                 be used in this display would be a safety               16 about the safety zone, and the rule                Order and have determined that it is
                                                 concern for anyone within a 190 yard                    allows vessels to seek permission to                  consistent with the fundamental
                                                 radius of the barge.                                    enter the zone.                                       federalism principles and preemption
                                                    The purpose of this rulemaking is to                                                                       requirements described in Executive
                                                                                                         B. Impact on Small Entities
                                                 ensure the safety of vessels and the                                                                          Order 13132.
                                                 navigable waters within a 190 yard                         The Regulatory Flexibility Act of                     Also, this proposed rule does not have
                                                 radius of the fireworks barge before,                   1980, 5 U.S.C. 601–612, as amended,                   tribal implications under Executive
                                                 during, and after the scheduled event.                  requires Federal agencies to consider                 Order 13175, Consultation and
                                                 The Coast Guard proposes this                           the potential impact of regulations on                Coordination with Indian Tribal
                                                 rulemaking under authority in 33 U.S.C.                 small entities during rulemaking. The                 Governments, because it would not have
                                                 1231.                                                   term ‘‘small entities’’ comprises small               a substantial direct effect on one or
                                                                                                         businesses, not-for-profit organizations              more Indian tribes, on the relationship
                                                 III. Discussion of Proposed Rule                        that are independently owned and                      between the Federal Government and
                                                    The COTP proposes to establish a                     operated and are not dominant in their                Indian tribes, or on the distribution of
                                                 safety zone from 9 p.m. on December 31,                 fields, and governmental jurisdictions                power and responsibilities between the
                                                 2018 through 1 a.m. on January 1, 2019.                 with populations of less than 50,000.                 Federal Government and Indian tribes.
                                                 The safety zone would cover all                         The Coast Guard certifies under 5 U.S.C.              If you believe this proposed rule has
                                                 navigable waters within 190 yards of the                605(b) that this proposed rule would not              implications for federalism or Indian
                                                 fireworks barge. The safety zone will                   have a significant economic impact on                 tribes, please contact the person listed
                                                 cover all navigable waters within a 190                 a substantial number of small entities.               in the FOR FURTHER INFORMATION
                                                 yards of the barge. The duration of the                    While some owners or operators of                  CONTACT section.
                                                 zone is intended to protect the public                  vessels intending to transit the safety
                                                                                                         zone may be small entities, for the                   E. Unfunded Mandates Reform Act
                                                 before, during, and after the fireworks
                                                 display. No vessel or person would be                   reasons stated in section IV.A above,                    The Unfunded Mandates Reform Act
                                                 permitted to enter the safety zone                      this proposed rule would not have a                   of 1995 (2 U.S.C. 1531–1538) requires
                                                 without obtaining permission from the                   significant economic impact on any                    Federal agencies to assess the effects of
                                                 COTP or a designated representative.                    vessel owner or operator. If you think                their discretionary regulatory actions. In
                                                 The regulatory text we are proposing                    that your business, organization, or                  particular, the Act addresses actions
                                                 appears at the end of this document.                    governmental jurisdiction qualifies as a              that may result in the expenditure by a
                                                                                                         small entity and that this rule would                 State, local, or tribal government, in the
                                                 IV. Regulatory Analyses                                 have a significant economic impact on                 aggregate, or by the private sector of
                                                   We developed this proposed rule after                 it, please submit a comment (see                      $100,000,000 (adjusted for inflation) or
                                                 considering numerous statutes and                       ADDRESSES) explaining why you think it                more in any one year. Though this
                                                 Executive Orders related to rulemaking.                 qualifies and how and to what degree                  proposed rule would not result in such
                                                 Below we summarize our analyses                         this rule would economically affect it.               an expenditure, we do discuss the
                                                 based on a number of these statutes and                    Under section 213(a) of the Small                  effects of this rule elsewhere in this
                                                 Executive Orders and we discuss First                   Business Regulatory Enforcement                       preamble.
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                                                 Amendment rights of protestors.                         Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                         we want to assist small entities in                   F. Environment
                                                 A. Regulatory Planning and Review                       understanding this proposed rule. If the                We have analyzed this proposed rule
                                                    Executive Orders 12866 and 13563                     rule would affect your small business,                under Department of Homeland
                                                 direct agencies to assess the costs and                 organization, or governmental                         Security Directive 023–01 and
                                                 benefits of available regulatory                        jurisdiction and you have questions                   Commandant Instruction M16475.1D,
                                                 alternatives and, if regulation is                      concerning its provisions or options for              which guide the Coast Guard in
                                                 necessary, to select regulatory                         compliance, please contact the person                 complying with the National


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                                                 50312                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 Environmental Policy Act of 1969 (42                    and can be viewed by following that                   ENVIRONMENTAL PROTECTION
                                                 U.S.C. 4321–4370f), and have made a                     website’s instructions. Additionally,                 AGENCY
                                                 preliminary determination that this                     you may go to the online docket and
                                                 action is one of a category of actions that             sign up for email alerts, and you will be             40 CFR Part 52
                                                 do not individually or cumulatively                     notified when comments are posted or                  [EPA–R06–OAR–2017–0145; 9983–65–
                                                 have a significant effect on the human                  a final rule is published.                            Region 6]
                                                 environment. This proposed rule
                                                 involves a safety zone lasting 4 hours                  List of Subjects in 33 CFR Part 165
                                                                                                                                                               Approval and Promulgation of State
                                                 that would prohibit entry within 190                      Harbors, Marine Safety, Navigation                  Implementation Plan, Oklahoma;
                                                 yards of a fireworks barge. Normally                    (water), Reporting and record-keeping                 Supplemental Notice of Proposed
                                                 such actions are categorically excluded                 requirements, Security measures,                      Rulemaking
                                                 from further review under paragraph                     Waterways.
                                                 L60(a) of Appendix A, Table 1 of DHS                                                                          AGENCY:  Environmental Protection
                                                 Instruction Manual 023–01–001–01,                         For the reasons discussed in the                    Agency (EPA).
                                                 Rev. 01. A preliminary Record of                        preamble, the Coast Guard proposes to                 ACTION: Supplemental notice of
                                                 Environmental Consideration                             amend 33 CFR part 165 as follows:                     proposed rulemaking, withdrawal of
                                                 supporting this determination is                                                                              proposed rule.
                                                                                                         PART 165—REGULATED NAVIGATION
                                                 available in the docket where indicated                                                                       SUMMARY:    In this supplemental notice of
                                                                                                         AREAS AND LIMITED ACCESS AREAS
                                                 under ADDRESSES. We seek any                                                                                  proposed rulemaking, the
                                                 comments or information that may lead                                                                         Environmental Protection Agency (EPA)
                                                                                                         ■ 1. The authority citation for part 165
                                                 to the discovery of a significant                                                                             is supplementing our proposed approval
                                                                                                         continues to read as follows:
                                                 environmental impact from this                                                                                published on March 22, 2018, of
                                                 proposed rule.                                            Authority: 3 U.S.C. 1231; 50 U.S.C. 191; 33
                                                                                                         CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                revisions to the State Implementation
                                                 G. Protest Activities                                   Department of Homeland Security Delegation            Plan (SIP) for Oklahoma, as submitted
                                                                                                         No. 0170.1                                            by the State of Oklahoma designee with
                                                   The Coast Guard respects the First
                                                                                                                                                               a letter dated February 14, 2017. First,
                                                 Amendment rights of protesters.                         ■ 2. Add § 165.T14–0864 to read as                    we are reopening the comment period
                                                 Protesters are asked to contact the                     follows:                                              based on information submitted by
                                                 person listed in the FOR FURTHER
                                                                                                         § 165. T14–0864      Safety Zone; Tumon Bay,          Oklahoma in a letter dated July 31,
                                                 INFORMATION CONTACT section to
                                                                                                         Tumon, GU.                                            2018, and our analysis of it. Second,
                                                 coordinate protest activities so that your
                                                                                                                                                               EPA is withdrawing its proposed action
                                                 message can be received without                            (a) Location. The following areas,                 on the Commercial and Industrial Solid
                                                 jeopardizing the safety or security of                  within the Guam Captain of the Port                   Waste Incineration Units rule because
                                                 people, places, or vessels.                             (COTP) Zone (See 33 CFR 3.70–15), all                 the State did not submit it for approval
                                                 V. Public Participation and Request for                 navigable waters on the surface and                   as a SIP revision.
                                                 Comments                                                below the surface within 190 yards of
                                                                                                                                                               DATES: Written comments must be
                                                                                                         the fireworks barge participating in the
                                                    We view public participation as                      New Year’s Eve Fireworks display.                     received on or before November 5, 2018.
                                                 essential to effective rulemaking, and                                                                        ADDRESSES: Submit your comments,
                                                                                                            (1) Location. The following position
                                                 will consider all comments and material                                                                       identified by Docket No. EPA–R06–
                                                                                                         13 degrees 30 minutes 24.99 seconds N
                                                 received during the comment period.                                                                           OAR–2017–0145, at http://
                                                                                                         Latitude, 144 degrees 47 minutes 21.93
                                                 Your comment can help shape the                                                                               www.regulations.gov or via email to
                                                                                                         seconds E Longitude are to be used as
                                                 outcome of this rulemaking. If you                                                                            shar.alan@epa.gov. Follow the online
                                                                                                         a guide to the location of the barge.
                                                 submit a comment, please include the                                                                          instructions for submitting comments.
                                                 docket number for this rulemaking,                         (b) Effective Dates. This rule is                  Once submitted, comments cannot be
                                                 indicate the specific section of this                   effective from 9 p.m. on December 31,                 edited or removed from Regulations.gov.
                                                 document to which each comment                          2018 through 1 a.m. on January 1, 2019.               The EPA may publish any comment
                                                 applies, and provide a reason for each                     (c) Enforcement. Any Coast Guard                   received to its public docket. Do not
                                                 suggestion or recommendation.                           commissioned, warrant, or petty officer,              submit electronically any information
                                                    We encourage you to submit                           and any other COTP representative                     you consider to be Confidential
                                                 comments through the Federal                            permitted by law, may enforce this                    Business Information (CBI) or other
                                                 eRulemaking Portal at http://                           temporary safety zone.                                information whose disclosure is
                                                 www.regulations.gov. If your material                      (d) Waiver. The COTP may waive any                 restricted by statute. Multimedia
                                                 cannot be submitted using http://                       of the requirements of this rule for any              submissions (audio, video, etc.) must be
                                                 www.regulations.gov, contact the person                 person, vessel, or class of vessel upon               accompanied by a written comment.
                                                 in the FOR FURTHER INFORMATION                          finding that application of the safety                The written comment is considered the
                                                 CONTACT section of this document for                    zone is unnecessary or impractical for                official comment and should include
                                                 alternate instructions. We accept                       the purpose of maritime security.                     discussion of all points you wish to
                                                 anonymous comments. All comments                           (g) Penalties. Vessels or persons                  make.
                                                 received will be posted without change                  violating this rule are subject to the                   The EPA will generally not consider
                                                 to https://www.regulations.gov and will                 penalties set forth in 33 U.S.C. 1232 and             comments or comment contents located
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 include any personal information you                    50 U.S.C. 192.                                        outside of the primary submission (i.e.
                                                 have provided. For more about privacy                                                                         on the web, cloud, or other file sharing
                                                 and the docket, visit https://                            Dated: October 1, 2018.                             system). For additional submission
                                                 www.regulations.gov/privacyNotice.                      Christopher M. Chase,                                 methods, please contact Mr. Alan Shar,
                                                    Documents mentioned in this NPRM                     Captain, U.S. Coast Guard, Captain of the             (214) 665–6691, shar.alan@epa.gov. For
                                                 as being available in the docket, and all               Port, Guam.                                           the full EPA public comment policy,
                                                 public comments, will be in our online                  [FR Doc. 2018–21621 Filed 10–4–18; 8:45 am]           information about CBI or multimedia
                                                 docket at https://www.regulations.gov                   BILLING CODE 9110–04–P                                submissions, and general guidance on


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Document Created: 2018-10-05 01:52:07
Document Modified: 2018-10-05 01:52:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before November 5, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Chief Todd Wheeler, Waterways Management, U.S. Coast Guard; telephone 671-355-4566, email [email protected]
FR Citation83 FR 50310 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Record-Keeping Requirements; Security Measures and Waterways

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