83_FR_54021 83 FR 53814 - Safety Zone; Allegheny River, Miles 0.25 to 0.7, Pittsburgh, PA

83 FR 53814 - Safety Zone; Allegheny River, Miles 0.25 to 0.7, Pittsburgh, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range53814-53816
FR Document2018-23301

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Allegheny River from mile 0.25 to mile 0.7. This safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards associated with low flying aircraft over the Allegheny River. Entry of persons or vessels into this zone is prohibited unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh or a designated representative.

Federal Register, Volume 83 Issue 207 (Thursday, October 25, 2018)
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53814-53816]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23301]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0986]
RIN 1625-AA00


Safety Zone; Allegheny River, Miles 0.25 to 0.7, Pittsburgh, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Allegheny River from mile 0.25 to mile 0.7. 
This safety zone is necessary to protect persons, vessels, and the 
marine environment from potential hazards associated with low flying 
aircraft over the Allegheny River. Entry of persons or vessels into 
this zone is prohibited unless authorized by the Captain of the Port 
Marine Safety Unit Pittsburgh or a designated representative.

DATES: This rule is effective without actual notice from October 25, 
2018 through noon on November 5, 2018. For the purposes of enforcement, 
actual notice will be used from 6 a.m. on October 22, 2018 through 
October 25, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0986 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Jennifer Haggins, Marine Safety Unit 
Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety Unit Pittsburgh
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 it is 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not publishing a notice of proposed rulemaking (NPRM) with respect 
to this rule because it is impracticable. This safety zone must be 
established as early as October 22, 2018, and we lack sufficient time 
to provide a reasonable comment period and then consider those comments 
before issuing this rule. The NPRM process would delay the 
establishment of the safety zone until after the aircraft operation.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
contrary to the public interest because immediate action is necessary 
to respond to the potential safety hazards associated with low flying 
aircraft over the Allegheny River.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Marine Safety Unit Pittsburgh (COTP) has 
determined that potential hazards associated with low flying aircraft 
will be a safety hazard for anyone within a one half-mile stretch of 
the Allegheny River. The rule is needed to protect persons, vessels, 
and the marine environment on the navigable waters within the safety 
zone before, during, and after the aircraft operation.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 6 a.m. on 
October 22, 2018 through noon on November 5, 2018. The safety zone will 
cover all navigable waters of the Allegheny River, from mile 0.25 to 
mile 0.7. The safety zone will be enforced only on one day during the 
effective period, from 6 a.m. through noon. The COTP or a designated 
representative would inform the public through Broadcast Notices to 
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (MSIBs), and/or other means of public notice, as 
appropriate, at least 24 hours in advance of the enforcement period. 
The duration of the zone is intended to protect persons, vessels, and 
the marine environment on these navigable waters before, during, and 
after a low-flying aircraft operation. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. A designated representative is 
a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Marine Safety 
Unit Pittsburgh. Persons and vessels seeking entry into this safety 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or by 
telephone at (412) 221-0807. Persons and vessels permitted to enter 
this safety zone must transit at their slowest safe speed and comply 
with all lawful instructions of the COTP or a designated 
representative. The COTP or a designated representative will inform the 
public of the enforcement period for the safety zone as well as any 
changes in the schedule through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs), as appropriate.

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 the size, 
location, and duration of the temporary safety zone. This regulation 
will impact vessel traffic on a less than one-half mile stretch the 
Allegheny River for six hours on one morning. Moreover, the Coast Guard

[[Page 53815]]

will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (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 regulation 
will impact vessel traffic on a less than one-half mile stretch the 
Allegheny River for six hours on one morning. It is categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-0986 to read as follows:


Sec.  165.T08-0986  Safety Zone; Allegheny River, miles 0.25 to 0.7, 
Pittsburgh, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Allegheny River from mile 0.25 to mile 0.7.
    (b) Effective period. This section is effective from 6 a.m. on 
October 22, 2018 through noon on November 5, 2018.
    (c) Enforcement period. This section will be enforced on one day 
during the effective period from 6 a.m. through noon. The Captain of 
the Port Marine Safety Unit Pittsburgh (COTP) or a designated 
representative will inform the public as provided in subsection (e) at 
least 24 hours in advance of the enforcement period.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the COTP or a designated representative. A designated representative is 
a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Marine Safety 
Unit Pittsburgh.
    (2) Persons and vessels seeking entry into this safety zone must 
request permission from the COTP or a designated representative. They 
may be

[[Page 53816]]

contacted on VHF-FM Channel 16 or by telephone at (412) 221-0807.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
instructions of the COTP or a designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement period for the 
safety zone as well as any changes in the schedule through Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or 
Marine Safety Information Bulletins (MSIBs) as appropriate.

    Dated: October 19, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of the Port Marine Safety Unit 
Pittsburgh.
[FR Doc. 2018-23301 Filed 10-24-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             53814            Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations

                                               Dated: October 19, 2018.                              II. Background Information and                        of the enforcement period. The duration
                                             Hal R. Pitts,                                           Regulatory History                                    of the zone is intended to protect
                                             Bridge Program Manager, Fifth Coast Guard                  The Coast Guard is issuing this                    persons, vessels, and the marine
                                             District.
                                                                                                     temporary rule without prior notice and               environment on these navigable waters
                                             [FR Doc. 2018–23319 Filed 10–24–18; 8:45 am]            opportunity to comment pursuant to                    before, during, and after a low-flying
                                                                                                                                                           aircraft operation. No vessel or person
                                             BILLING CODE 9110–04–P                                  authority under section 4(a) of the
                                                                                                                                                           will be permitted to enter the safety
                                                                                                     Administrative Procedure Act (APA) (5
                                                                                                                                                           zone without obtaining permission from
                                                                                                     U.S.C. 553(b)). This provision
                                             DEPARTMENT OF HOMELAND                                                                                        the COTP or a designated
                                                                                                     authorizes an agency to issue a rule
                                             SECURITY                                                                                                      representative. A designated
                                                                                                     without prior notice and opportunity to
                                                                                                                                                           representative is a commissioned,
                                             Coast Guard                                             comment when the agency for good
                                                                                                                                                           warrant, or petty officer of the U.S.
                                                                                                     cause finds that it is ‘‘impracticable,
                                                                                                                                                           Coast Guard assigned to units under the
                                             33 CFR Part 165                                         unnecessary, or contrary to the public
                                                                                                                                                           operational control of USCG Marine
                                                                                                     interest.’’ Under 5 U.S.C. 553(b)(B), the
                                             [Docket Number USCG–2018–0986]
                                                                                                                                                           Safety Unit Pittsburgh. Persons and
                                                                                                     Coast Guard finds that good cause exists              vessels seeking entry into this safety
                                             RIN 1625–AA00                                           for not publishing a notice of proposed               zone must request permission from the
                                                                                                     rulemaking (NPRM) with respect to this                COTP or a designated representative.
                                             Safety Zone; Allegheny River, Miles                     rule because it is impracticable. This                They may be contacted on VHF–FM
                                             0.25 to 0.7, Pittsburgh, PA                             safety zone must be established as early              Channel 16 or by telephone at (412)
                                                                                                     as October 22, 2018, and we lack                      221–0807. Persons and vessels
                                             AGENCY:    Coast Guard, DHS.                            sufficient time to provide a reasonable               permitted to enter this safety zone must
                                             ACTION:   Temporary final rule.                         comment period and then consider                      transit at their slowest safe speed and
                                                                                                     those comments before issuing this rule.              comply with all lawful instructions of
                                             SUMMARY:   The Coast Guard is                           The NPRM process would delay the
                                             establishing a temporary safety zone for                                                                      the COTP or a designated
                                                                                                     establishment of the safety zone until                representative. The COTP or a
                                             all navigable waters of the Allegheny                   after the aircraft operation.
                                             River from mile 0.25 to mile 0.7. This                                                                        designated representative will inform
                                                                                                        Under 5 U.S.C. 553(d)(3), the Coast                the public of the enforcement period for
                                             safety zone is necessary to protect                     Guard finds that good cause exists for
                                             persons, vessels, and the marine                                                                              the safety zone as well as any changes
                                                                                                     making this rule effective less than 30               in the schedule through Broadcast
                                             environment from potential hazards                      days after publication in the Federal
                                             associated with low flying aircraft over                                                                      Notices to Mariners (BNMs), Local
                                                                                                     Register. Delaying this rule would be                 Notices to Mariners (LNMs), and/or
                                             the Allegheny River. Entry of persons or                contrary to the public interest because
                                             vessels into this zone is prohibited                                                                          Marine Safety Information Bulletins
                                                                                                     immediate action is necessary to                      (MSIBs), as appropriate.
                                             unless authorized by the Captain of the                 respond to the potential safety hazards
                                             Port Marine Safety Unit Pittsburgh or a                 associated with low flying aircraft over              V. Regulatory Analyses
                                             designated representative.                              the Allegheny River.                                    We developed this rule after
                                             DATES: This rule is effective without                                                                         considering numerous statutes and
                                             actual notice from October 25, 2018                     III. Legal Authority and Need for Rule
                                                                                                                                                           Executive orders related to rulemaking.
                                             through noon on November 5, 2018. For                      The Coast Guard is issuing this rule               Below we summarize our analyses
                                             the purposes of enforcement, actual                     under authority in 33 U.S.C. 1231. The                based on a number of these statutes and
                                             notice will be used from 6 a.m. on                      Captain of the Port Marine Safety Unit                Executive orders, and we discuss First
                                             October 22, 2018 through October 25,                    Pittsburgh (COTP) has determined that                 Amendment rights of protestors.
                                             2018.                                                   potential hazards associated with low
                                                                                                     flying aircraft will be a safety hazard for           A. Regulatory Planning and Review
                                             ADDRESSES:   To view documents
                                             mentioned in this preamble as being                     anyone within a one half-mile stretch of                 Executive Orders 12866 and 13563
                                             available in the docket, go to http://                  the Allegheny River. The rule is needed               direct agencies to assess the costs and
                                             www.regulations.gov, type USCG–2018–                    to protect persons, vessels, and the                  benefits of available regulatory
                                             0986 in the ‘‘SEARCH’’ box and click                    marine environment on the navigable                   alternatives and, if regulation is
                                             ‘‘SEARCH.’’ Click on Open Docket                        waters within the safety zone before,                 necessary, to select regulatory
                                             Folder on the line associated with this                 during, and after the aircraft operation.             approaches that maximize net benefits.
                                             rule.                                                                                                         Executive Order 13771 directs agencies
                                                                                                     IV. Discussion of the Rule
                                                                                                                                                           to control regulatory costs through a
                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                        This rule establishes a temporary                  budgeting process. This rule has not
                                             you have questions on this rule, call or                safety zone from 6 a.m. on October 22,                been designated a ‘‘significant
                                             email Petty Officer Jennifer Haggins,                   2018 through noon on November 5,                      regulatory action,’’ under Executive
                                             Marine Safety Unit Pittsburgh, U.S.                     2018. The safety zone will cover all                  Order 12866. Accordingly, this rule has
                                             Coast Guard; telephone 412–221–0807,                    navigable waters of the Allegheny River,              not been reviewed by the Office of
                                             email Jennifer.L.Haggins@uscg.mil.                      from mile 0.25 to mile 0.7. The safety                Management and Budget (OMB), and
                                             SUPPLEMENTARY INFORMATION:                              zone will be enforced only on one day                 pursuant to OMB guidance it is exempt
                                             I. Table of Abbreviations                               during the effective period, from 6 a.m.              from the requirements of Executive
                                                                                                     through noon. The COTP or a                           Order 13771.
                                             CFR Code of Federal Regulations                         designated representative would inform                   This regulatory action determination
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                                             COTP Captain of the Port Marine Safety                  the public through Broadcast Notices to               is based on the size, location, and
                                               Unit Pittsburgh
                                             DHS Department of Homeland Security
                                                                                                     Mariners (BNMs), Local Notices to                     duration of the temporary safety zone.
                                             FR Federal Register                                     Mariners (LNMs), and/or Marine Safety                 This regulation will impact vessel traffic
                                             NPRM Notice of proposed rulemaking                      Information Bulletins (MSIBs), and/or                 on a less than one-half mile stretch the
                                             § Section                                               other means of public notice, as                      Allegheny River for six hours on one
                                             U.S.C. United States Code                               appropriate, at least 24 hours in advance             morning. Moreover, the Coast Guard


                                        VerDate Sep<11>2014   15:53 Oct 24, 2018   Jkt 247001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\25OCR1.SGM   25OCR1


                                                              Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations                                         53815

                                             will issue a Broadcast Notice to                        D. Federalism and Indian Tribal                       supporting this determination is
                                             Mariners via VHF–FM marine channel                      Governments                                           available in the docket where indicated
                                             16 about the zone, and the rule allows                     A rule has implications for federalism             under ADDRESSES.
                                             vessels to seek permission to enter the                 under Executive Order 13132,                          G. Protest Activities
                                             zone.                                                   Federalism, if it has a substantial direct
                                                                                                                                                             The Coast Guard respects the First
                                             B. Impact on Small Entities                             effect on the States, on the relationship
                                                                                                                                                           Amendment rights of protesters.
                                                                                                     between the national government and
                                                                                                                                                           Protesters are asked to contact the
                                                The Regulatory Flexibility Act of                    the States, or on the distribution of
                                                                                                                                                           person listed in the FOR FURTHER
                                             1980, 5 U.S.C. 601–612, as amended,                     power and responsibilities among the
                                                                                                                                                           INFORMATION CONTACT section to
                                             requires Federal agencies to consider                   various levels of government. We have
                                                                                                                                                           coordinate protest activities so that your
                                             the potential impact of regulations on                  analyzed this rule under that Order and
                                                                                                                                                           message can be received without
                                             small entities during rulemaking. The                   have determined that it is consistent
                                                                                                                                                           jeopardizing the safety or security of
                                             term ‘‘small entities’’ comprises small                 with the fundamental federalism
                                                                                                                                                           people, places or vessels.
                                             businesses, not-for-profit organizations                principles and preemption requirements
                                             that are independently owned and                        described in Executive Order 13132.                   List of Subjects in 33 CFR Part 165
                                             operated and are not dominant in their                     Also, this rule does not have tribal                 Harbors, Marine safety, Navigation
                                             fields, and governmental jurisdictions                  implications under Executive Order                    (water), Reporting and recordkeeping
                                             with populations of less than 50,000.                   13175, Consultation and Coordination                  requirements, Security measures,
                                             The Coast Guard certifies under 5 U.S.C.                With Indian Tribal Governments,                       Waterways.
                                             605(b) that this rule will not have a                   because it does not have a substantial                  For the reasons discussed in the
                                             significant economic impact on a                        direct effect on one or more Indian                   preamble, the Coast Guard amends 33
                                             substantial number of small entities.                   tribes, on the relationship between the               CFR part 165 as follows:
                                                                                                     Federal Government and Indian tribes,
                                                While some owners or operators of                    or on the distribution of power and                   PART 165—REGULATED NAVIGATION
                                             vessels intending to transit the                        responsibilities between the Federal                  AREAS AND LIMITED ACCESS AREAS
                                             temporary safety zone may be small                      Government and Indian tribes. If you
                                             entities, for the reasons stated in section             believe this rule has implications for                ■ 1. The authority citation for part 165
                                             V.A above, this rule will not have a                    federalism or Indian tribes, please                   continues to read as follows:
                                             significant economic impact on any                      contact the person listed in the FOR                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             vessel owner or operator.                               FURTHER INFORMATION CONTACT section                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Under section 213(a) of the Small                    above.                                                Department of Homeland Security Delegation
                                             Business Regulatory Enforcement                                                                               No. 0170.1.
                                                                                                     E. Unfunded Mandates Reform Act
                                             Fairness Act of 1996 (Pub. L. 104–121),                                                                       ■ 2. Add § 165.T08–0986 to read as
                                             we want to assist small entities in                       The Unfunded Mandates Reform Act                    follows:
                                                                                                     of 1995 (2 U.S.C. 1531–1538) requires
                                             understanding this rule. If the rule                                                                          § 165.T08–0986 Safety Zone; Allegheny
                                                                                                     Federal agencies to assess the effects of
                                             would affect your small business,                                                                             River, miles 0.25 to 0.7, Pittsburgh, PA.
                                                                                                     their discretionary regulatory actions. In
                                             organization, or governmental                                                                                    (a) Location. The following area is a
                                                                                                     particular, the Act addresses actions
                                             jurisdiction and you have questions                     that may result in the expenditure by a               safety zone: All navigable waters of the
                                             concerning its provisions or options for                State, local, or tribal government, in the            Allegheny River from mile 0.25 to mile
                                             compliance, please contact the person                   aggregate, or by the private sector of                0.7.
                                             listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or                 (b) Effective period. This section is
                                             CONTACT section.                                        more in any one year. Though this rule                effective from 6 a.m. on October 22,
                                                Small businesses may send comments                   will not result in such an expenditure,               2018 through noon on November 5,
                                             on the actions of Federal employees                     we do discuss the effects of this rule                2018.
                                             who enforce, or otherwise determine                     elsewhere in this preamble.                              (c) Enforcement period. This section
                                             compliance with, Federal regulations to                                                                       will be enforced on one day during the
                                                                                                     F. Environment                                        effective period from 6 a.m. through
                                             the Small Business and Agriculture
                                             Regulatory Enforcement Ombudsman                          We have analyzed this rule under                    noon. The Captain of the Port Marine
                                             and the Regional Small Business                         Department of Homeland Security                       Safety Unit Pittsburgh (COTP) or a
                                             Regulatory Fairness Boards. The                         Directive 023–01 and Commandant                       designated representative will inform
                                             Ombudsman evaluates these actions                       Instruction M16475.1D, which guide the                the public as provided in subsection (e)
                                             annually and rates each agency’s                        Coast Guard in complying with the                     at least 24 hours in advance of the
                                             responsiveness to small business. If you                National Environmental Policy Act of                  enforcement period.
                                             wish to comment on actions by                           1969 (42 U.S.C. 4321–4370f), and have                    (d) Regulations. (1) In accordance
                                                                                                     determined that this action is one of a               with the general regulations in § 165.23,
                                             employees of the Coast Guard, call 1–
                                                                                                     category of actions that do not                       entry into this zone is prohibited unless
                                             888–REG–FAIR (1–888–734–3247). The
                                                                                                     individually or cumulatively have a                   authorized by the COTP or a designated
                                             Coast Guard will not retaliate against
                                                                                                     significant effect on the human                       representative. A designated
                                             small entities that question or complain                environment. This regulation will                     representative is a commissioned,
                                             about this rule or any policy or action                 impact vessel traffic on a less than one-             warrant, or petty officer of the U.S.
                                             of the Coast Guard.                                     half mile stretch the Allegheny River for             Coast Guard assigned to units under the
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                                             C. Collection of Information                            six hours on one morning. It is                       operational control of USCG Marine
                                                                                                     categorically excluded from further                   Safety Unit Pittsburgh.
                                               This rule will not call for a new                     review under paragraph L60(a) of                         (2) Persons and vessels seeking entry
                                             collection of information under the                     Appendix A, Table 1 of DHS Instruction                into this safety zone must request
                                             Paperwork Reduction Act of 1995 (44                     Manual 023–01–001–01, Rev. 01. A                      permission from the COTP or a
                                             U.S.C. 3501–3520).                                      Record of Environmental Consideration                 designated representative. They may be


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                                             53816            Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations

                                             contacted on VHF–FM Channel 16 or by                    DATES:   This final rule is effective on              420.02(39), NR 420.03(4)(b)3, NR
                                             telephone at (412) 221–0807.                            November 26, 2018.                                    420.04(1)(b)4, and NR 420.04(3)(c)1.
                                                (3) Persons and vessels permitted to                 ADDRESSES: EPA has established a                        EPA is also approving the withdrawal
                                             enter this safety zone must transit at                  docket for this action under Docket ID                of several remaining provisions from the
                                             their slowest safe speed and comply                     No. EPA–R05–OAR–2017–0279. All                        Wisconsin SIP that are related to the
                                             with all lawful instructions of the COTP                documents in the docket are listed in                 Stage II vapor recovery program that
                                             or a designated representative.                         the http://www.regulations.gov website.               was terminated by Wisconsin in 2012.
                                                (e) Informational broadcasts. The                    Although listed in the index, some                    Wisconsin originally submitted a SIP
                                             COTP or a designated representative                     information is not publicly available,                revision to EPA on November 18, 1992,
                                             will inform the public of the                           e.g., Confidential Business Information               to satisfy the requirement of section
                                             enforcement period for the safety zone                  or other information whose disclosure is              182(b)(3) of the CAA. The revision
                                             as well as any changes in the schedule                  restricted by statute. Certain other                  applied to Kenosha, Kewanee,
                                             through Broadcast Notices to Mariners                   material, such as copyrighted material,               Manitowoc, Milwaukee, Ozaukee,
                                             (BNMs), Local Notices to Mariners                       is not placed on the internet and will be             Racine, Sheboygan, Washington and
                                             (LNMs), and/or Marine Safety                            publicly available only in hard copy                  Waukesha counties, and was
                                             Information Bulletins (MSIBs) as                        form. Publicly available docket                       incorporated into the WDNR’s 1993–94
                                             appropriate.                                            materials are available either through                ozone 15% Control Plan. EPA fully
                                               Dated: October 19, 2018.                              http://www.regulations.gov, or please                 approved Wisconsin’s Stage II program
                                             A.W. Demo,                                              contact the person identified in the FOR              on August 13, 1993 (53 FR 43080),
                                             Commander, U.S. Coast Guard, Captain of                 FURTHER INFORMATION CONTACT section
                                                                                                                                                           including the program’s legal authority
                                             the Port Marine Safety Unit Pittsburgh.                 for additional availability information.              and administrative requirements found
                                                                                                                                                           in Section 285.31 of the Wisconsin
                                             [FR Doc. 2018–23301 Filed 10–24–18; 8:45 am]            FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           Statutes and Chapter NR 420.045 of the
                                             BILLING CODE 9110–04–P                                  Francisco J. Acevedo, Mobile Source
                                                                                                                                                           Wisconsin Administrative Code.
                                                                                                     Program Manager, Control Strategies                     On November 12, 2012, WDNR
                                                                                                     Section, Air Programs Branch (AR 18J),                submitted a SIP revision requesting the
                                             ENVIRONMENTAL PROTECTION                                Environmental Protection Agency,                      removal of Stage II requirements under
                                             AGENCY                                                  Region 5, 77 West Jackson Boulevard,                  NR 420.045 of the Wisconsin
                                                                                                     Chicago, Illinois 60604, (312) 886–6061,              Administrative Code from the
                                             40 CFR Part 52                                          acevedo.francisco@epa.gov.                            Wisconsin SIP. To support the removal
                                             [EPA–R05–OAR–2017–0279; FRL–9985–30–                    SUPPLEMENTARY INFORMATION:                            of the Stage II requirements, the revision
                                             Region 5]                                               Throughout this document, wherever                    included a section 110(l) demonstration
                                                                                                     ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean            addressing the emissions impacts
                                             Approval and Promulgation of Air                        EPA.                                                  associated with the removal of the
                                             Quality Implementation Plans;
                                                                                                     I. What is being addressed by this                    program. On November 4, 2013 (78 FR
                                             Wisconsin; VOC Definition Update and
                                                                                                     document?                                             65875), EPA approved the removal of
                                             Removal of Obsolete Gasoline Vapor
                                                                                                                                                           the Stage II requirements under NR
                                             Recovery Regulations                                       On May 25, 2018, at 83 FR 24267,                   420.045 of the Wisconsin
                                             AGENCY:  Environmental Protection                       EPA proposed to approve a revision to                 Administrative Code from the
                                             Agency (EPA).                                           the Wisconsin SIP that updates the                    Wisconsin SIP. In this action EPA
                                                                                                     definition of VOC at Wisconsin                        approves the removal of the residual
                                             ACTION: Final rule.
                                                                                                     Administrative Code Chapter NR                        Stage II provisions that remained in
                                             SUMMARY:   The Environmental Protection                 400.02(162) to add the following                      place after the program was
                                             Agency (EPA) is approving a request                     compounds to the list of exclusions at                decommissioned. These provisions are
                                             submitted by the Wisconsin Department                   NR 400.02(162): Trans-1,3,3,3-                        NR 420.02(8m), 420.02(26), 420.02(32),
                                             of Natural Resources (WDNR) on May                      tetrafluoropropene (HFO-1234ze),                      420.02(38m), NR 425.035, NR
                                             16, 2017, to revise the Wisconsin State                 HCF2OCF2H (HFE-134),                                  439.06(3)(i), NR 484.05(4), NR 484.05(5),
                                             Implementation Plan (SIP). The                          HCF2OCF2OCF2H (HFE-236cal2),                          and NR 494.04.
                                             submission includes amendments to the                   HCF2OCF2CF2OCF2H (HFE-338pcc13),
                                             Wisconsin Administrative Code                           HCF2OCF2OCF2CF2OCF2H (H-Galaden                       II. What comments did we receive on
                                             updating the definition of ‘‘volatile                   1040X or H-Galden ZT 130 (or 150 or                   the proposed SIP revision?
                                             organic compound (VOC)’’ to add eight                   180), Trans-1-chloro-3,3,3-triflouroprop-                Our May 25, 2018 proposed rule
                                             compounds to the list of exempt                         1-ene (SolsticeTM 1233zd(E)), 2,3,3,3-                provided a 30-day review and comment
                                             compounds. In addition, WDNR is also                    tetraflouropropene (HFO-1234yf), and 2-               period. The comment period closed on
                                             requesting the withdrawal of several                    amino-2-methyl-1-propanol (AMP; CAS                   June 25, 2018. EPA received one
                                             previously approved provisions of the                   number 124–68–5). Wisconsin took this                 comment during the public comment
                                             Wisconsin Administrative Code from                      action based on EPA’s 2012, 2013, and                 period, but the comment was
                                             the SIP concerning the State’s Stage II                 2014 rulemakings in which EPA                         completely outside of the scope of this
                                             vapor recovery (Stage II) program that                  determined that these compounds have                  approval and, therefore, is not being
                                             terminated in 2012. EPA approved the                    a negligible contribution to tropospheric             addressed as part of this final action.
                                             removal of the Stage II program as a                    ozone formation and thus should be
                                             component of the Wisconsin SIP in                       excluded from the definition of VOC                   III. What action is EPA taking?
                                             2013, including the approval of a                       codified at 40 CFR 51.100(s). See 77 FR                  EPA is approving the revision to the
daltland on DSKBBV9HB2PROD with RULES




                                             demonstration under section 110(l) of                   37610 (June 22, 2012); 78 FR 9823                     Wisconsin SIP submitted by WDNR on
                                             the Clean Air Act (CAA) that addressed                  (February 12, 2013); 78 FR 62451                      May 16, 2017, because the revision is
                                             emissions impacts associated with the                   (October 22, 2013); 78 FR 53029 (August               consistent with EPA’s prior actions
                                             removal of the program. EPA proposed                    28, 2013); and 79 FR 17037 (March 27,                 revising the definition of VOC. In
                                             to approve the State’s submittal on May                 2014). This action also approves minor                addition, the removal of remaining
                                             25, 2018.                                               stylistic edits for clarity in NR                     Stage II program provisions from the SIP


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Document Created: 2018-10-25 01:45:49
Document Modified: 2018-10-25 01:45:49
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 25, 2018 through noon on November 5, 2018. For the purposes of enforcement, actual notice will be used from 6 a.m. on October 22, 2018 through October 25, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]
FR Citation83 FR 53814 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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