83_FR_52972 83 FR 52770 - Special Local Regulation; San Diego Bay, San Diego, CA

83 FR 52770 - Special Local Regulation; San Diego Bay, San Diego, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 202 (October 18, 2018)

Page Range52770-52772
FR Document2018-22736

The Coast Guard is establishing a temporary special local

Federal Register, Volume 83 Issue 202 (Thursday, October 18, 2018)
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52770-52772]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22736]



=======================================================================

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



DEPARTMENT OF HOMELAND SECURITY



Coast Guard



33 CFR Part 100



[Docket Number USCG-2018-0869]

RIN 1625-AA08




Special Local Regulation; San Diego Bay, San Diego, CA



AGENCY: Coast Guard, DHS.



ACTION: Temporary final rule.



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



SUMMARY: The Coast Guard is establishing a temporary special local 

regulation for navigable waters of the San Diego Bay offshore of Harbor 

Island bound landward of a line by the following coordinates starting 

west at 32[deg]43.033' N and 117[deg]12.792' W and proceeding east to 

32[deg]43.166' N and 117[deg]12.266' W, proceeding east to 

32[deg]43.166' N and 117[deg]11.633' W, and ending at 32[deg]43.100' N 

and 117[deg]11.300' W. This special local regulation is necessary to 

provide for the safety of life on navigable waters during the event. 

This action will restrict vessel traffic in these waters of the San 

Diego Bay, from 10:00 a.m. to 6:00 p.m. on October 17, 2018 through 

October 21, 2018.



DATES: This rule is effective without actual notice from October 18, 

2018 until October 21, 2018. For the purposes of enforcement from 10 

a.m. to 6 p.m. daily, actual notice will be used from 10 a.m. on 

October 17, 2018 until October 18, 2018.



ADDRESSES: To view documents mentioned in this preamble as being 

available in the docket, go to http://www.regulations.gov, type USCG-

2018-0869 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 Lieutenant Junior Grade Briana Biagas, Waterways 

Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone 

619-278-7656, email D11MarineEventsSD@uscg.mil.



SUPPLEMENTARY INFORMATION: 



I. Table of Abbreviations



CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

Sec.  Section

U.S.C. United States Code



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 doing so would be impracticable. Due 

to the timing of the event, we are unable to issue a NPRM before the 

event is scheduled.

    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. This rule is necessary for the 

safety of life during the event on these navigable waters. For the 

reasons above, including the timing of the event, it would be 

impracticable to delay this rule to provide a full 30 days' notice.



III. Legal Authority and Need for Rule



    The Coast Guard is issuing this rule under authority in 33 U.S.C. 

1233, which authorizes the Coast Guard to establish and define special 

local regulations. The COTP San Diego is establishing a special local 

regulation for the waters of the San Diego Bay bound landward of a line 

by coordinates starting west at 32[deg]43.033' N and 117[deg]12.792' W 

and proceeding east to 32[deg]43.166' N and 117[deg]12.266' W, 

proceeding east to 32[deg]43.166' N and 117[deg]11.633' W, and ending 

at 32[deg]43.100' N and 117[deg]11.300' W. The purpose of this rule is 

to ensure safety of participants, vessels and the navigable waters in 

the regulated area before, during, and after the scheduled event.



IV. Discussion of the Rule



    This rule establishes a special local regulation from 10:00 a.m. to 

6:00 p.m. on October 17, 2018 through October 21, 2018. The special 

local regulation will cover all navigable waters of the San Diego Bay 

bound landward of a line by coordinates starting west at 32[deg]43.033' 

N and 117[deg]12.792' W and proceeding east to 32[deg]43.166' N and 

117[deg]12.266' W, proceeding east to 32[deg]43.166' N and 

117[deg]11.633' W, and ending at 32[deg]43.100' N and 117[deg]11.300' 

W. The purpose of this rule is to ensure safety of participants, 

vessels and the navigable waters in the regulated area before, during, 

and after the scheduled event. Persons and vessels will be prohibited 

from anchoring, blocking, loitering, or impeding within this regulated 

waterway unless authorized by the COTP, or his designated 

representative, during the specified dates and times. Additionally, 

movement of all vessels within the regulated area and entry of all 

vessels into the regulated area will be restricted. The Coast Guard 

will publish information on the event in the weekly LNM.



V. Regulatory Analyses



    We developed this rule after considering numerous statutes and 

Executive orders related to rulemaking. Below we summarize our analyses 

based on a number of these statutes and Executive orders, and we 

discuss First Amendment rights of protestors.



A. Regulatory Planning and Review



    Executive Orders 12866 and 13563 direct agencies to assess the 

costs and benefits of available regulatory alternatives and, if 

regulation is necessary, to select regulatory approaches that maximize 

net benefits. Executive Order 13771 directs agencies to control 

regulatory costs through a budgeting process. This rule has not been 

designated a ``significant regulatory action,'' under Executive Order 

12866. Accordingly, this rule has not been reviewed by the Office of 

Management and Budget (OMB), and pursuant to OMB guidance, it is exempt 

from the requirements of Executive Order 13771.

    This regulatory action determination is based on size, location, 

duration, and time-of-day of the special local regulation. The Coast 

Guard will publish a LNM that details the vessel restrictions of the 

regulated area.



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



[[Page 52771]]



operated and are not dominant in their fields, and governmental 

jurisdictions with populations of less than 50,000. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this rule will not have a 

significant economic impact on a substantial number of small entities.

    This rule will affect the following entities, some of which may be 

small entities: The owners or operators of vessels intending to transit 

or anchor in the impacted portion of the San Diego Bay bound landward 

of a line by coordinates starting west at 32[deg]43.033' N and 

117[deg]12.792' W and proceeding east to 32[deg]43.166' N and 

117[deg]12.266' W, proceeding east to 32[deg]43.166' N and 

117[deg]11.633' W, and ending at 32[deg]43.100' N and 117[deg]11.300' W 

from 10:00 a.m. to 6:00 p.m. on October 17, 2018 through October 21, 

2018.

    Under section 213(a) of the Small Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 

entities in understanding this rule. If the rule would affect your 

small business, organization, or governmental jurisdiction and you have 

questions concerning its provisions or options for compliance, please 

contact the person listed in the FOR FURTHER INFORMATION CONTACT 

section.

    Small businesses may send comments on the actions of Federal 

employees who enforce, or otherwise determine compliance with, Federal 

regulations to the Small Business and Agriculture Regulatory 

Enforcement Ombudsman and the Regional Small Business Regulatory 

Fairness Boards. The Ombudsman evaluates these actions annually and 

rates each agency's responsiveness to small business. If you wish to 

comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 

(1-888-734-3247). The Coast Guard will not retaliate against small 

entities that question or complain about this rule or any policy or 

action of the Coast Guard.



C. Collection of Information



    This rule will not call for a new collection of information under 

the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).



D. Federalism and Indian Tribal Governments



    A rule has implications for federalism under Executive Order 13132, 

Federalism, if it has a substantial direct effect on the States, on the 

relationship between the national government and the States, or on the 

distribution of power and responsibilities among the various levels of 

government. We have analyzed this rule under that Order and have 

determined that it is consistent with the fundamental federalism 

principles and preemption requirements described in Executive Order 

13132.

    Also, this rule does not have tribal implications under Executive 

Order 13175, Consultation and Coordination with Indian Tribal 

Governments, because it does not have a substantial direct effect on 

one or more Indian tribes, on the relationship between the Federal 

Government and Indian tribes, or on the distribution of power and 

responsibilities between the Federal Government and Indian tribes. If 

you believe this rule has implications for federalism or Indian tribes, 

please contact the person listed in the FOR FURTHER INFORMATION CONTACT 

section above.



E. Unfunded Mandates Reform Act



    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 

requires Federal agencies to assess the effects of their discretionary 

regulatory actions. In particular, the Act addresses actions that may 

result in the expenditure by a State, local, or tribal government, in 

the aggregate, or by the private sector of $100,000,000 (adjusted for 

inflation) or more in any one year. Though this rule will not result in 

such an expenditure, we do discuss the effects of this rule elsewhere 

in this preamble.



F. Environment



    We have analyzed this rule under Department of Homeland Security 

Directive 023-01 and Commandant Instruction M16475.1D, which guide the 

Coast Guard in complying with the National Environmental Policy Act of 

1969 (42 U.S.C. 4321-4370f), and have determined that this action is 

one of a category of actions that do not individually or cumulatively 

have a significant effect on the human environment. This rule involves 

establishment of marine event special local regulations on a portion of 

the navigable waters of the San Diego Bay. It is categorically excluded 

from further review under paragraph L61 and L63(b) of Appendix A, Table 

1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 

Environmental Consideration supporting this determination is available 

in the docket where indicated under ADDRESSES.



G. Protest Activities



    The Coast Guard respects the First Amendment rights of protesters. 

Protesters are asked to contact the person listed in the FOR FURTHER 

INFORMATION CONTACT section to coordinate protest activities so that 

your message can be received without jeopardizing the safety or 

security of people, places or vessels.



List of Subjects in 33 CFR Part 100



    Marine safety, Navigation (water), Reporting and recordkeeping 

requirements, Waterways.



    For the reasons discussed in the preamble, the Coast Guard amends 

33 CFR part 100 as follows:



PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS



0

1. The authority citation for part 100 continues to read as follows:



    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.





0

2. Add Sec.  100.35T11-0869 to read as follows:





Sec.  100.35T11-0869  Special Local Regulation for Marine Event; San 

Diego Bay, San Diego, CA.



    (a) Regulated area. The following location is a regulated area: All 

navigable waters of San Diego Bay bound landward of a line by 

coordinates starting west at 32[deg]43.033' N and 117[deg]12.792' W and 

proceeding east to 32[deg]43.166' N and 117[deg]12.266' W, proceeding 

east to 32[deg]43.166' N and 117[deg]11.633' W, and ending at 

32[deg]43.100' N and 117[deg]11.300' W.

    (b) Definitions. The term ``designated representative'' means Coast 

Guard Patrol Commanders, including Coast Guard coxswains, petty 

officers, and other officers operating Coast Guard vessels, and 

Federal, state, and local officers designated by or assisting the 

Captain of the Port San Diego in the enforcement of the regulated 

areas.

    (c) Special local regulations. (1) Persons and vessels will be 

prohibited from anchoring, blocking, loitering, or impeding within this 

regulated waterway unless authorized by the COTP, or his designated 

representative, during the dates and times listed in paragraph (d) of 

this section.

    (2) Movement of all vessels within the regulated area and entry of 

all vessels into the regulated area will be restricted.

    (3) To seek permission to enter the regulated area, contact the 

Captain of the Port (COTP) San Diego or the COTP's designated 

representative.

    (4) The Coast Guard will publish a notice in the Eleventh Coast 

Guard District Local Notice to Mariners and issue a Safety Marine 

Information Broadcast of VHF-FM marine band radio announcing specific 

event location, dates and times.

    (d) Enforcement period(s). Daily from 10:00 a.m. to 6:00 p.m. on 

October 17, 2018 through October 21, 2018.





[[Page 52772]]





    Dated: October 2, 2018.

J.R. Buzzella,

Captain, U.S. Coast Guard, Captain of the Port San Diego.

[FR Doc. 2018-22736 Filed 10-17-18; 8:45 am]

 BILLING CODE 9110-04-P





                                             52770            Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations

                                               Approved: October 15, 2018.                           Guard; telephone 619–278–7656, email                  2018. The special local regulation will
                                             A.S. Janin,                                             D11MarineEventsSD@uscg.mil.                           cover all navigable waters of the San
                                             Captain, JAGC, U.S. Navy, Deputy Assistant              SUPPLEMENTARY INFORMATION:                            Diego Bay bound landward of a line by
                                             Judge Advocate, General (Admiralty and                                                                        coordinates starting west at 32°43.033′
                                             Maritime Law).                                          I. Table of Abbreviations                             N and 117°12.792′ W and proceeding
                                               Dated: October 15, 2018.                              CFR Code of Federal Regulations                       east to 32°43.166′ N and 117°12.266′ W,
                                             Meredith Steingold Werner,                              DHS Department of Homeland Security                   proceeding east to 32°43.166′ N and
                                                                                                     FR Federal Register                                   117°11.633′ W, and ending at 32°43.100′
                                             Lieutenant Commander, Judge Advocate                    NPRM Notice of proposed rulemaking
                                             General’s Corps, U.S. Navy, Federal Register                                                                  N and 117°11.300′ W. The purpose of
                                                                                                     § Section                                             this rule is to ensure safety of
                                             Liaison Officer.                                        U.S.C. United States Code
                                             [FR Doc. 2018–22730 Filed 10–17–18; 8:45 am]
                                                                                                                                                           participants, vessels and the navigable
                                                                                                     II. Background Information and                        waters in the regulated area before,
                                             BILLING CODE 3810–FF–P
                                                                                                     Regulatory History                                    during, and after the scheduled event.
                                                                                                                                                           Persons and vessels will be prohibited
                                                                                                        The Coast Guard is issuing this                    from anchoring, blocking, loitering, or
                                             DEPARTMENT OF HOMELAND                                  temporary rule without prior notice and               impeding within this regulated
                                             SECURITY                                                opportunity to comment pursuant to                    waterway unless authorized by the
                                                                                                     authority under section 4(a) of the                   COTP, or his designated representative,
                                             Coast Guard                                             Administrative Procedure Act (APA) (5                 during the specified dates and times.
                                                                                                     U.S.C. 553(b)). This provision                        Additionally, movement of all vessels
                                             33 CFR Part 100                                         authorizes an agency to issue a rule                  within the regulated area and entry of
                                             [Docket Number USCG–2018–0869]                          without prior notice and opportunity to               all vessels into the regulated area will be
                                                                                                     comment when the agency for good                      restricted. The Coast Guard will publish
                                             RIN 1625–AA08                                           cause finds that those procedures are                 information on the event in the weekly
                                                                                                     ‘‘impracticable, unnecessary, or contrary             LNM.
                                             Special Local Regulation; San Diego                     to the public interest.’’ Under 5 U.S.C.
                                             Bay, San Diego, CA                                      553(b)(B), the Coast Guard finds that                 V. Regulatory Analyses
                                             AGENCY:  Coast Guard, DHS.                              good cause exists for not publishing a                  We developed this rule after
                                             ACTION: Temporary final rule.
                                                                                                     notice of proposed rulemaking (NPRM)                  considering numerous statutes and
                                                                                                     with respect to this rule because doing               Executive orders related to rulemaking.
                                             SUMMARY:   The Coast Guard is                           so would be impracticable. Due to the                 Below we summarize our analyses
                                             establishing a temporary special local                  timing of the event, we are unable to                 based on a number of these statutes and
                                             regulation for navigable waters of the                  issue a NPRM before the event is                      Executive orders, and we discuss First
                                             San Diego Bay offshore of Harbor Island                 scheduled.                                            Amendment rights of protestors.
                                             bound landward of a line by the                            Under 5 U.S.C. 553(d)(3), the Coast
                                             following coordinates starting west at                  Guard finds that good cause exists for                A. Regulatory Planning and Review
                                             32°43.033′ N and 117°12.792′ W and                      making this rule effective less than 30                  Executive Orders 12866 and 13563
                                             proceeding east to 32°43.166′ N and                     days after publication in the Federal                 direct agencies to assess the costs and
                                             117°12.266′ W, proceeding east to                       Register. This rule is necessary for the              benefits of available regulatory
                                             32°43.166′ N and 117°11.633′ W, and                     safety of life during the event on these              alternatives and, if regulation is
                                             ending at 32°43.100′ N and 117°11.300′                  navigable waters. For the reasons above,              necessary, to select regulatory
                                             W. This special local regulation is                     including the timing of the event, it                 approaches that maximize net benefits.
                                             necessary to provide for the safety of life             would be impracticable to delay this                  Executive Order 13771 directs agencies
                                             on navigable waters during the event.                   rule to provide a full 30 days’ notice.               to control regulatory costs through a
                                             This action will restrict vessel traffic in                                                                   budgeting process. This rule has not
                                                                                                     III. Legal Authority and Need for Rule
                                             these waters of the San Diego Bay, from                                                                       been designated a ‘‘significant
                                             10:00 a.m. to 6:00 p.m. on October 17,                    The Coast Guard is issuing this rule                regulatory action,’’ under Executive
                                             2018 through October 21, 2018.                          under authority in 33 U.S.C. 1233,                    Order 12866. Accordingly, this rule has
                                                                                                     which authorizes the Coast Guard to                   not been reviewed by the Office of
                                             DATES: This rule is effective without
                                                                                                     establish and define special local                    Management and Budget (OMB), and
                                             actual notice from October 18, 2018
                                                                                                     regulations. The COTP San Diego is                    pursuant to OMB guidance, it is exempt
                                             until October 21, 2018. For the purposes
                                                                                                     establishing a special local regulation               from the requirements of Executive
                                             of enforcement from 10 a.m. to 6 p.m.
                                                                                                     for the waters of the San Diego Bay                   Order 13771.
                                             daily, actual notice will be used from 10
                                                                                                     bound landward of a line by coordinates                  This regulatory action determination
                                             a.m. on October 17, 2018 until October
                                                                                                     starting west at 32°43.033′ N and                     is based on size, location, duration, and
                                             18, 2018.
                                                                                                     117°12.792′ W and proceeding east to                  time-of-day of the special local
                                             ADDRESSES: To view documents                            32°43.166′ N and 117°12.266′ W,                       regulation. The Coast Guard will
                                             mentioned in this preamble as being                     proceeding east to 32°43.166′ N and                   publish a LNM that details the vessel
                                             available in the docket, go to http://                  117°11.633′ W, and ending at 32°43.100′               restrictions of the regulated area.
                                             www.regulations.gov, type USCG–2018–                    N and 117°11.300′ W. The purpose of
                                             0869 in the ‘‘SEARCH’’ box and click                    this rule is to ensure safety of                      B. Impact on Small Entities
                                             ‘‘SEARCH.’’ Click on Open Docket                        participants, vessels and the navigable                 The Regulatory Flexibility Act of
khammond on DSK30JT082PROD with RULES




                                             Folder on the line associated with this                 waters in the regulated area before,                  1980, 5 U.S.C. 601–612, as amended,
                                             rule.                                                   during, and after the scheduled event.                requires Federal agencies to consider
                                             FOR FURTHER INFORMATION CONTACT: If                                                                           the potential impact of regulations on
                                             you have questions on this rule, call or                IV. Discussion of the Rule                            small entities during rulemaking. The
                                             email Lieutenant Junior Grade Briana                      This rule establishes a special local               term ‘‘small entities’’ comprises small
                                             Biagas, Waterways Management, U.S.                      regulation from 10:00 a.m. to 6:00 p.m.               businesses, not-for-profit organizations
                                             Coast Guard Sector San Diego, Coast                     on October 17, 2018 through October 21,               that are independently owned and


                                        VerDate Sep<11>2014   15:53 Oct 17, 2018   Jkt 247001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\18OCR1.SGM   18OCR1


                                                              Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations                                            52771

                                             operated and are not dominant in their                  have determined that it is consistent                 jeopardizing the safety or security of
                                             fields, and governmental jurisdictions                  with the fundamental federalism                       people, places or vessels.
                                             with populations of less than 50,000.                   principles and preemption requirements
                                                                                                                                                           List of Subjects in 33 CFR Part 100
                                             The Coast Guard certifies under 5 U.S.C.                described in Executive Order 13132.
                                             605(b) that this rule will not have a                      Also, this rule does not have tribal                 Marine safety, Navigation (water),
                                             significant economic impact on a                        implications under Executive Order                    Reporting and recordkeeping
                                             substantial number of small entities.                   13175, Consultation and Coordination                  requirements, Waterways.
                                                This rule will affect the following                  with Indian Tribal Governments,                         For the reasons discussed in the
                                             entities, some of which may be small                    because it does not have a substantial                preamble, the Coast Guard amends 33
                                             entities: The owners or operators of                    direct effect on one or more Indian                   CFR part 100 as follows:
                                             vessels intending to transit or anchor in               tribes, on the relationship between the
                                             the impacted portion of the San Diego                   Federal Government and Indian tribes,                 PART 100—SAFETY OF LIFE ON
                                             Bay bound landward of a line by                         or on the distribution of power and                   NAVIGABLE WATERS
                                             coordinates starting west at 32°43.033′                 responsibilities between the Federal
                                             N and 117°12.792′ W and proceeding                      Government and Indian tribes. If you                  ■ 1. The authority citation for part 100
                                             east to 32°43.166′ N and 117°12.266′ W,                 believe this rule has implications for                continues to read as follows:
                                             proceeding east to 32°43.166′ N and                     federalism or Indian tribes, please                        Authority: 33 U.S.C. 1233; 33 CFR 1.05–
                                             117°11.633′ W, and ending at 32°43.100′                 contact the person listed in the FOR                  1.
                                             N and 117°11.300′ W from 10:00 a.m. to                  FURTHER INFORMATION CONTACT section
                                             6:00 p.m. on October 17, 2018 through                   above.                                                ■ 2. Add § 100.35T11–0869 to read as
                                             October 21, 2018.                                                                                             follows:
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                           § 100.35T11–0869 Special Local
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    Regulation for Marine Event; San Diego
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 Bay, San Diego, CA.
                                             we want to assist small entities in                     Federal agencies to assess the effects of
                                                                                                                                                             (a) Regulated area. The following
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In
                                                                                                                                                           location is a regulated area: All
                                             would affect your small business,                       particular, the Act addresses actions
                                                                                                                                                           navigable waters of San Diego Bay
                                             organization, or governmental                           that may result in the expenditure by a
                                                                                                                                                           bound landward of a line by coordinates
                                             jurisdiction and you have questions                     State, local, or tribal government, in the
                                                                                                                                                           starting west at 32°43.033′ N and
                                             concerning its provisions or options for                aggregate, or by the private sector of
                                                                                                                                                           117°12.792′ W and proceeding east to
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or
                                                                                                                                                           32°43.166′ N and 117°12.266′ W,
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule
                                                                                                                                                           proceeding east to 32°43.166′ N and
                                             CONTACT section.                                        will not result in such an expenditure,
                                                                                                                                                           117°11.633′ W, and ending at 32°43.100′
                                                Small businesses may send comments                   we do discuss the effects of this rule
                                                                                                                                                           N and 117°11.300′ W.
                                             on the actions of Federal employees                     elsewhere in this preamble.
                                                                                                                                                              (b) Definitions. The term ‘‘designated
                                             who enforce, or otherwise determine
                                                                                                     F. Environment                                        representative’’ means Coast Guard
                                             compliance with, Federal regulations to
                                                                                                        We have analyzed this rule under                   Patrol Commanders, including Coast
                                             the Small Business and Agriculture
                                                                                                     Department of Homeland Security                       Guard coxswains, petty officers, and
                                             Regulatory Enforcement Ombudsman
                                                                                                     Directive 023–01 and Commandant                       other officers operating Coast Guard
                                             and the Regional Small Business
                                                                                                     Instruction M16475.1D, which guide the                vessels, and Federal, state, and local
                                             Regulatory Fairness Boards. The
                                                                                                     Coast Guard in complying with the                     officers designated by or assisting the
                                             Ombudsman evaluates these actions
                                                                                                     National Environmental Policy Act of                  Captain of the Port San Diego in the
                                             annually and rates each agency’s
                                                                                                     1969 (42 U.S.C. 4321–4370f), and have                 enforcement of the regulated areas.
                                             responsiveness to small business. If you
                                                                                                     determined that this action is one of a                  (c) Special local regulations. (1)
                                             wish to comment on actions by
                                                                                                     category of actions that do not                       Persons and vessels will be prohibited
                                             employees of the Coast Guard, call 1–
                                                                                                     individually or cumulatively have a                   from anchoring, blocking, loitering, or
                                             888–REG–FAIR (1–888–734–3247). The
                                                                                                     significant effect on the human                       impeding within this regulated
                                             Coast Guard will not retaliate against
                                                                                                     environment. This rule involves                       waterway unless authorized by the
                                             small entities that question or complain
                                                                                                     establishment of marine event special                 COTP, or his designated representative,
                                             about this rule or any policy or action
                                                                                                     local regulations on a portion of the                 during the dates and times listed in
                                             of the Coast Guard.
                                                                                                     navigable waters of the San Diego Bay.                paragraph (d) of this section.
                                             C. Collection of Information                            It is categorically excluded from further                (2) Movement of all vessels within the
                                               This rule will not call for a new                     review under paragraph L61 and L63(b)                 regulated area and entry of all vessels
                                             collection of information under the                     of Appendix A, Table 1 of DHS                         into the regulated area will be restricted.
                                             Paperwork Reduction Act of 1995 (44                     Instruction Manual 023–01–001–01,                        (3) To seek permission to enter the
                                             U.S.C. 3501–3520).                                      Rev. 01. A Record of Environmental                    regulated area, contact the Captain of
                                                                                                     Consideration supporting this                         the Port (COTP) San Diego or the
                                             D. Federalism and Indian Tribal                                                                               COTP’s designated representative.
                                                                                                     determination is available in the docket
                                             Governments                                                                                                      (4) The Coast Guard will publish a
                                                                                                     where indicated under ADDRESSES.
                                                A rule has implications for federalism                                                                     notice in the Eleventh Coast Guard
                                             under Executive Order 13132,                            G. Protest Activities                                 District Local Notice to Mariners and
khammond on DSK30JT082PROD with RULES




                                             Federalism, if it has a substantial direct                The Coast Guard respects the First                  issue a Safety Marine Information
                                             effect on the States, on the relationship               Amendment rights of protesters.                       Broadcast of VHF–FM marine band
                                             between the national government and                     Protesters are asked to contact the                   radio announcing specific event
                                             the States, or on the distribution of                   person listed in the FOR FURTHER                      location, dates and times.
                                             power and responsibilities among the                    INFORMATION CONTACT section to                           (d) Enforcement period(s). Daily from
                                             various levels of government. We have                   coordinate protest activities so that your            10:00 a.m. to 6:00 p.m. on October 17,
                                             analyzed this rule under that Order and                 message can be received without                       2018 through October 21, 2018.


                                        VerDate Sep<11>2014   15:53 Oct 17, 2018   Jkt 247001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\18OCR1.SGM   18OCR1


                                             52772            Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations

                                               Dated: October 2, 2018.                               elements as air pollution control                      B. Revised Regulations
                                             J.R. Buzzella,                                          regulations, emission inventories,                     1. 45 CSR 8 (Ambient Air Quality
                                             Captain, U.S. Coast Guard, Captain of the               monitoring networks, attainment                             Standards)
                                             Port San Diego.                                         demonstrations, and enforcement                        2. 45 CSR 14 (Permits for Construction
                                             [FR Doc. 2018–22736 Filed 10–17–18; 8:45 am]            mechanisms.                                                 and Major Modification of Major
                                             BILLING CODE 9110–04–P                                     Each state must formally adopt the                       Stationary Sources of Air Pollution
                                                                                                     control measures and strategies in the                      for the Prevention of Significant
                                                                                                     SIP after the public has had an                             Deterioration)
                                             ENVIRONMENTAL PROTECTION                                opportunity to comment on them and                     C. Removed Regulations
                                             AGENCY                                                  then submit the proposed SIP revisions
                                                                                                     to EPA. Once these control measures                    1. 45 CSR 39 (Control of Annual
                                             40 CFR Part 52                                          and strategies are approved by EPA, and                     Nitrogen Oxide Emissions to
                                                                                                                                                                 Mitigate Interstate Transport of Fine
                                             [WV106–6044; FRL–9983–55–Region 3]                      after notice and comment, they are
                                                                                                                                                                 Particulate Matter and Nitrogen
                                                                                                     incorporated into the federally-
                                             Approval and Promulgation of Air                                                                                    Oxides)
                                                                                                     approved SIP and are identified in part                2. 45 CSR 41 (Control of Annual Sulfur
                                             Quality Implementation Plans; West                      52 ‘‘Approval and Promulgation of                           Dioxides Emissions)
                                             Virginia; Update to Materials                           Implementation Plans,’’ title 40 of the                3. In 52.2520 paragraph (d) Source
                                             Incorporated by Reference                               Code of Federal Regulations (40 CFR                         Specific Requirements for West
                                             AGENCY:  Environmental Protection                       part 52). The full text of the state                        Virginia, there was a removal of
                                             Agency (EPA).                                           regulation approved by EPA is not                           source-specific SIP requirements for
                                                                                                     reproduced in its entirety in 40 CFR part                   the following five facilities in West
                                             ACTION: Final rule; administrative
                                                                                                     52, but is ‘‘incorporated by reference.’’                   Virginia that had permanently
                                             change.
                                                                                                     This means that EPA has approved a                          shutdown: Mountaineer Carbon
                                             SUMMARY:    The Environmental Protection                given state regulation with a specific                      Company; Standard Lafarge;
                                             Agency (EPA) is updating the materials                  effective date. The public is referred to                   Follansbee Steel Corporation;
                                             that are incorporated by reference (IBR)                the location of the full text version                       International Mill Service, Inc.; and
                                             into the West Virginia state                            should they want to know which                              Columbian Chemicals Company.
                                             implementation plan (SIP). The                          measures are contained in a given SIP.
                                                                                                     The information provided allows EPA                    II. EPA Action
                                             regulations affected by this update have
                                             been previously submitted by the West                   and the public to monitor the extent to                   In this action, EPA is announcing the
                                             Virginia Department of Environmental                    which a state implements a SIP to attain               update to the IBR material as of May 1,
                                             Protection (WV DEP) and approved by                     and maintain the NAAQS and to take                     2018 and revising the text within 40
                                             EPA. This update affects the SIP                        enforcement action if necessary.                       CFR 52.2520(b). In addition, notice is
                                             materials that are available for public                                                                        provided of correcting Federal Register
                                                                                                        The SIP is a living document which
                                             inspection at the National Archives and                                                                        citations listed in the Table (c)
                                                                                                     a state revises as necessary to address its
                                             Records Administration (NARA) and the                                                                          paragraph of 40 CFR 52.2520, as
                                                                                                     unique air pollution problems.
                                             EPA Regional Office.                                                                                           described: A. Under the ‘‘EPA approval
                                                                                                     Therefore, EPA, from time to time, must
                                                                                                                                                            date’’ EPA is correcting numerous
                                             DATES: This action is effective October                 take action on SIP revisions containing
                                                                                                                                                            Federal Register citation locations to
                                             18, 2018.                                               new and/or revised regulations as being
                                                                                                                                                            reflect the first page of the preamble
                                             ADDRESSES: SIP materials which are                      part of the SIP. On May 22, 1997 (62 FR
                                                                                                                                                            opposed to the regulatory text page for
                                             incorporated by reference into 40 CFR                   27968), EPA revised the procedures for
                                                                                                                                                            West Virginia regulations 45 CSR Series
                                             part 52 are available for inspection at                 incorporating by reference federally-
                                                                                                                                                            8 and 45 CSR Series 14.
                                             the following locations: Air Protection                 approved SIPs, as a result of
                                             Division, U.S. Environmental Protection                 consultations between EPA and the                      III. Good Cause Exemption
                                             Agency, Region III, 1650 Arch Street,                   Office of the Federal Register (OFR). The                 EPA has determined that this rule
                                             Philadelphia, Pennsylvania 19103; and                   description of the revised SIP                         falls under the ‘‘good cause’’ exemption
                                             the National Archives and Records                       document, IBR procedures and                           in section 553(b)(3)(B) of the
                                             Administration (NARA). For                              ‘‘Identification of plan’’ format are                  Administrative Procedures Act (APA)
                                             information on the availability of this                 discussed in further detail in the May                 which, upon finding ‘‘good cause,’’
                                             material at NARA, call 202–741–6030,                    22, 1997, Federal Register document.                   authorizes agencies to dispense with
                                             or go to: http://www.archives.gov/                      On February 10, 2005 (70 FR 7024), EPA                 public participation and section
                                             federal_register/code_of_federal_                       published a Federal Register beginning                 553(d)(3) which allows an agency to
                                             regulations/ibr_locations.html. EPA                     the new IBR procedure for West                         make a rule effective immediately
                                             requests that you email the contact                     Virginia. On February 28, 2007 (72 FR                  (thereby avoiding the 30-day delayed
                                             listed in the FOR FURTHER INFORMATION                   8903), February 10, 2009 (74 FR 6542),                 effective date otherwise provided for in
                                             CONTACT section.                                        December 28, 2010 (75 FR 81474), July                  the APA). This rule simply codifies
                                             FOR FURTHER INFORMATION CONTACT: Erin                   25, 2013 (78 FR 44884), and June 14,                   provisions which are already in effect as
                                             Trouba, (215) 814–2023 or by email at                   2017 (82 FR 27118) EPA published                       a matter of law in federal and approved
                                             trouba.erin@epa.gov.                                    updates to the IBR material for West                   state programs. Under section 553 of the
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     Virginia. Since the publication of the                 APA, an agency may find good cause
khammond on DSK30JT082PROD with RULES




                                                                                                     last IBR update, EPA has approved into                 where procedures are ‘‘impractical,
                                             I. Background                                           the SIP the following regulatory changes               unnecessary, or contrary to the public
                                                Each state has a SIP containing the                  to the following West Virginia                         interest.’’ Public comment is
                                             control measures and strategies used to                 regulations:                                           ‘‘unnecessary’’ and ‘‘contrary to the
                                             attain and maintain the national                        A. Added Regulations                                   public interest’’ since the codification
                                             ambient air quality standards (NAAQS).                                                                         only reflects existing law. Immediate
                                             The SIP is extensive, containing such                         None.                                            notice in the CFR benefits the public by


                                        VerDate Sep<11>2014   15:53 Oct 17, 2018   Jkt 247001   PO 00000    Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\18OCR1.SGM   18OCR1



Document Created: 2018-10-18 03:06:03
Document Modified: 2018-10-18 03:06:03
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 without actual notice from October 18,
ContactIf you have questions on this rule,
FR Citation83 FR 52770 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR