Special Local Regulation; Wolf River Chute, Memphis, TN, 21171-21174 [2018-09908]
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Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations
may examine the EASA AD in the AD docket
on the internet at https://www.regulations.gov
by searching for and locating it in Docket No.
FAA–2018–0287.
result in loss of engine thrust control, and
reduced control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) For engines with an oil pump assembly,
part number (P/N) V112225 or P/N
NPN11962, installed:
(i) After the effective date of this AD,
within 30 days or 25 flight hours, whichever
occurs first, inspect the oil pump assembly
to determine the P/N of the oil pressure filter
in accordance with the Accomplishment
Instructions, Paragraph 2.A.(3), of RR Alert
Service Bulletin (ASB) Mk. 601–22 Number
72–A208, dated September 2017.
(ii) If an oil pressure filter, P/N V21264, is
installed, replace the oil pressure filter before
the next flight with oil filter, P/N 2526, in
accordance with the Accomplishment
Instructions, Paragraph 2.A.(3)(b), of RR ASB
Mk. 601–22 Number 72–A208, dated
September 2017.
(2) For engines with an oil pump assembly,
P/N V112027, installed:
(i) After the effective date of this AD,
within 30 days or 25 flight hours, whichever
occurs first, replace the oil pump assembly
with oil pump assembly, P/N V112225 or P/
N NPN11962, in accordance with the
Accomplishment Instructions, Paragraph
2.A.(2), of RR ASB Mk. 601–22 Number 72–
A208, dated September 2017.
(ii) Reserved.
(h) Installation Prohibition
After the effective date of this AD, do not
install an oil pump assembly, P/N V112027,
or an oil pressure filter, P/N V21264, on any
engine, nor return any engine to service with
an oil pump assembly, P/N V112027, or an
oil pressure filter, P/N V21264, installed.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Rolls-Royce plc Alert Service Bulletin
Mk. 601–22 Number 72–A208, dated
September 2017.
(ii) Reserved.
(3) For Rolls-Royce plc service information
identified in this AD, contact DA Services
Operations Room at Rolls-Royce plc, Defense
Sector Bristol, WH–70, P.O. Box 3, Filton,
Bristol BS34 7QE, United Kingdom; phone:
+44 (0) 117 97 90700; fax: +44 (0) 117 97
95498; email: defence-operations-room@
rolls-royce.com.
(4) You may view this service information
at FAA, Engine & Propeller Standards
Branch, 1200 District Avenue, Burlington,
MA 01803. For information on the
availability of this material at the FAA, call
781–238–7759.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Burlington, Massachusetts, on
April 25, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards
Branch, Aircraft Certification Service.
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(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to the attention of the person
identified in paragraph (j)(1) of this AD. You
may email your request to: ANE-AD-AMOC@
faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
[FR Doc. 2018–09913 Filed 5–8–18; 8:45 am]
(j) Related Information
(1) For more information about this AD,
contact Robert Green, Aerospace Engineer,
ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone: 781–238–
7754; fax: 781–238–7199; email:
robert.green@faa.gov.
(2) Refer to European Aviation Safety
Agency (EASA) AD 2017–0197, dated
October 6, 2017, for more information. You
ACTION:
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BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0313]
RIN 1625–AA08
Special Local Regulation; Wolf River
Chute, Memphis, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary special local
regulation for all navigable waters of the
Wolf River Chute in the vicinity of the
Mud Island River Park near Memphis,
TN. This action is necessary to protect
spectators and vessels during the
Duncan William Dragon Boat Races
SUMMARY:
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21171
regatta. Entry of vessels or persons into
this regulated area is prohibited unless
authorized by the Captain of the Port
Sector Lower Mississippi River (COTP)
or a designated representative.
DATES: This rule is effective from 7 a.m.
through 4 p.m. on May 12, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0313 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 about this rule, call
or email Petty Officer Todd Manow,
Sector Lower Mississippi River
Prevention Department, U.S. Coast
Guard, telephone 901–521–4813, email
Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final 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)(3)(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. The Coast Guard did not
receive the event details in sufficient
time to publish an NPRM. We must
establish this special local regulation on
May 12, 2018 and 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 regulated area until after the date
of the regatta and compromise public
safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. Delaying the effective
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Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations
date of this rule would be impracticable
and contrary to public interest because
immediate action is necessary to protect
persons and property from the dangers
associated with commercial traffic
interacting with this rowing event.
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III. Legal Authority and Need for a Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Sector Lower
Mississippi River (COTP) has
determined that potential hazards
associated with the Duncan Williams
Dragon Boat Races from 7 a.m. to 4 p.m.
on May 12, 2018 will be a safety
concern for all navigable waters of the
Wolf River Chute in the vicinity of the
Mud Island River Park. This rule is
necessary to ensure the safety of life and
vessels on these navigable waters before,
during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 7 a.m. through 4 p.m. on
May 12, 2017 for all navigable waters of
the Wolf River Chute from the Mud
Island River Park Monorail Bridge at
35°08.9″ N, 090°03.4″ W, south to the
mouth of the Chute at 35°08.5″ N,
090°08.5″ W, in Memphis, TN. The
duration of the regulated area is
intended to ensure the safety of life and
vessels on these navigable waters before,
during, and after the scheduled event.
No vessel or person shall transit the
regulated area unless authorized by the
COTP or a designated representative. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
All persons and vessels not registered
with the event sponsor as participants
or official patrol vessels are considered
spectators. The ‘‘official patrol vessels’’
consist of any Coast Guard, state, or
local law enforcement and sponsor
provided vessels assigned or approved
by the COTP to patrol the regulated
area.
Spectator vessels desiring to transit
the regulated area may do so only with
prior approval of the COTP or a
designated representative and when so
directed by that officer will be operated
at a minimum safe navigation speed in
a manner that will not endanger
participants in the regulated area or any
other vessels. No spectator vessel shall
anchor, block, loiter, or impede the
through transit of participants or official
patrol vessels in the regulated area
during the effective dates and times,
unless cleared for entry by or through an
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official patrol vessel. Any spectator
vessel may anchor outside the regulated
area, but may not anchor in, block, or
loiter in a navigable channel. Spectator
vessels may be moored to a waterfront
facility within the regulated area in such
a way that they shall not interfere with
the progress of the event. Such mooring
must be complete at least 30 minutes
prior to the establishment of the
regulated area and remain moored
through the duration of the event.
Persons or vessels seeking to enter
into or transit through the regulated area
must request permission from the COTP
or a designated representative. They
may be contacted on VHF–FM channels
16 or by telephone at 1–866–777–2784.
If permission is granted, all persons and
vessels must comply with the
instructions of the COTP or designated
representative.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property. The COTP
or a designated representative will
terminate enforcement of the regulated
area at the conclusion of the event.
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.
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This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. This special local regulation
will restrict vessel traffic for nine hours
on a less than half-mile stretch of the
Wolf River Chute for one day. Moreover,
the Coast Guard will issue Broadcast
Notice to Mariners (BNMs) via VHF–FM
marine channel 16 about the regulated
area, and the rule allows vessels to seek
permission to enter 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
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 regulated
area 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.
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Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Rules and Regulations
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.
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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 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
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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 the
establishment of a special local
regulation lasting nine hours for an
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event spanning 860 yards of the Wolf
River Chute in the vicinity of the Mud
Island River Park in Memphis, TN. It is
categorically excluded from further
review under paragraphs L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T08–0313 to read as
follows:
■
§ 100.35T08–0313 Special Local
Regulation; Wolf River Chute, Memphis, TN.
(a) Location. (1) The following area is
a special local regulation: All navigable
waters of the Wolf River Chute forming
the mouth of the Chute, from the Mud
Island River Park Monorail bridge at
35°08.9″ N, 090°03.4″ W, south to the
mouth of the Chute at 35°08.5″ N,
090°08.5″ W.
(b) Regulations. (1) In accordance
with the general regulations in § 100.801
of this part, no vessel or person shall
enter the regulated area unless
authorized by the Captain of the Port
Sector Lower Mississippi River (COTP)
or a designated representative. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(2) All persons and vessels not
registered with the event sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
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21173
and sponsor provided vessels assigned
or approved by the COTP to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the COTP or a
designated representative and when so
directed by that officer will be operated
at a minimum safe navigation speed in
a manner that will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(6) Persons or vessels seeking to enter
into or transit through the regulated area
must request permission from the COTP
or a designated representative. They
may be contacted on VHF–FM channels
16 or by telephone at 1–866–777–2784.
(7) If permission is granted, all
persons and vessels must comply with
the instructions of the COTP or
designated representative.
(8) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(9) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(10) The COTP or a designated
representative will terminate
enforcement of the regulated area at the
conclusion of the event.
(c) Effective period. This section is
effective from 7 a.m. until 4 p.m. on
May 12, 2018.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs)
of the enforcement period for the
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regulated area as well as any changes in
the dates and times of enforcement.
Dated: April 23, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2018–09908 Filed 5–8–18; 8:45 am]
BILLING CODE 9110–04–P
I. What action is the EPA taking today?
II. What was submitted by the NJDEP and
how did the EPA respond?
III. What comments were received in
response to the EPA’s proposed action?
IV. What is the EPA’s conclusion?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2017–0101; FRL–9977–
61—Region 2]
Approval and Promulgation of
Implementation Plans; New Jersey;
Motor Vehicle Enhanced Inspection
and Maintenance Program
I. What action is the EPA taking today?
The EPA is approving a request from
New Jersey to revise its SIP to
incorporate revisions to the enhanced
inspection and maintenance (I/M)
program.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a request
from New Jersey to revise its State
Implementation Plan (SIP) to
incorporate revisions to the motor
vehicle enhanced inspection and
maintenance (I/M) program. New Jersey
has made several amendments to its
I/M program and has requested that the
SIP be revised to include these changes.
EPA is approving New Jersey’s
amendments to its I/M program to
discontinue idle tests on model years
1995 and older light duty gasoline
vehicles, idle tests on heavy-duty
gasoline vehicles and gas cap leak
testing. In addition, heavy-duty gasoline
vehicles equipped with on-board
diagnostics (OBD) will be subject to
OBD testing with this revision. The
intended effect of this action is to
maintain consistency between the Stateadopted rules and the federally
approved SIP.
DATES: This rule is effective on June 8,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2017–0101. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through
www.regulations.gov, or please contact
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SUMMARY:
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the person identified in the FOR FURTHER
section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Reema Loutan, Air Programs Branch,
U.S. Environmental Protection Agency,
290 Broadway, 25th Floor, New York,
New York 10007, at (212) 637–3760, or
by email at loutan.reema@epa.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
II. What was submitted by the NJDEP
and how did the EPA respond?
On September 16, 2016, New Jersey
submitted to the EPA revisions to the
New Jersey SIP pertaining to New
Jersey’s motor vehicle enhanced I/M
program. On October 6, 2017 (82 FR
46742), the EPA published a notice of
proposed rulemaking to approve the
revisions to the SIP for New Jersey’s
I/M program. The revisions submitted
by New Jersey include:
• Discontinuing the two-speed idle
tests on model year 1981–1995 light
duty gasoline vehicles, idle tests on pre1981 model year light duty gasoline
vehicles, and idle tests on heavy-duty
gasoline vehicles;
• Discontinuing the smoke opacity
test for diesel-powered vehicles
equipped with an on-board diagnostic
(OBD) system;
• Discontinuing the rolling
acceleration smoke opacity test and the
power brake smoke opacity test for
heavy-duty diesel motor vehicles;
• Replacing the fuel cap leak test or
gas cap test for gasoline-fueled vehicles
with a visual gas cap check to ensure
the gas cap is present;
• Requiring an OBD test for every
vehicle subject to inspection that is
required by the EPA to be equipped
with an OBD system;
• Requiring inspections for
commercial vehicles;
• Requiring that re-inspections of all
vehicles be performed at New Jersey’s
decentralized I/M facilities;
• Adding procedures for the diesel
exhaust after-treatment checks; and
• Authorizing inspectors of both
gasoline and diesel vehicles to fail a
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vehicle if it is determined that there has
been tampering with the vehicle’s
emission controls.
The EPA’s rationale for the proposed
approval of the SIP revision was
presented in the October 6, 2017
proposal, referenced above, and will not
be restated here.
III. What comments were received in
response to the EPA’s proposed action?
The proposed action provided a 30day public comment period. During this
period, two comments were received.
One comment discussed greenhouse gas
concerns and is not relevant to the
content of the I/M SIP revision
submitted by New Jersey. The second
comment and EPA’s response is
discussed below.
Comment #2: An anonymous
commenter asked ‘‘Why would we not
test and control idling emissions? What
is to be gained by not ensuring that this
doesn’t allow harmful toxins and
particulate matter into the air? Do you
want your child on line for the school
bus that is idling and spewing?’’
Response: Under this SIP revision,
New Jersey’s revised SIP will expand
inspection test requirements to all
vehicles with OBD systems that are
covered by New Jersey I/M testing
program. Light duty gasoline vehicles
from model year 1996 and later, and
heavy-duty engines and vehicles
between 8,500 and 14,000 pounds gross
vehicle weight rating from 2008 and
later are all required by EPA regulations
to have OBD systems.
The OBD system processes readings
from sensors in the engine and along the
exhaust system to monitor and record
indicators of engine performance,
performance of the fuel delivery system,
and functioning of the emission control
system. The OBD system thus monitors
for nearly all potential emission control
component malfunctions that may cause
excess vehicle emissions, and an OBD
inspection test provides technicians
with timely and accurate emissions data
and flags malfunctions early, which
helps vehicle owners better maintain
their vehicles. Thus, OBD inspection
tests play a key role in helping states
meet national air quality standards, and
offers significant benefits to state and
local agencies working to improve air
quality through vehicle inspection and
maintenance programs.
New Jersey’s SIP revision does
eliminate tailpipe idle tests for model
year 1995 and earlier light duty vehicles
and all heavy-duty gasoline vehicles.
However, the number of vehicles that
will no longer require idle testing and
that also do not have OBD systems is a
small proportion of vehicles in New
E:\FR\FM\09MYR1.SGM
09MYR1
]]>Agencies
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Rules and Regulations]
[Pages 21171-21174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09908]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0313]
RIN 1625-AA08
Special Local Regulation; Wolf River Chute, Memphis, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all navigable waters of the Wolf River Chute in the
vicinity of the Mud Island River Park near Memphis, TN. This action is
necessary to protect spectators and vessels during the Duncan William
Dragon Boat Races regatta. Entry of vessels or persons into this
regulated area is prohibited unless authorized by the Captain of the
Port Sector Lower Mississippi River (COTP) or a designated
representative.
DATES: This rule is effective from 7 a.m. through 4 p.m. on May 12,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0313 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 about this rule,
call or email Petty Officer Todd Manow, Sector Lower Mississippi River
Prevention Department, U.S. Coast Guard, telephone 901-521-4813, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Lower Mississippi River
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 final 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)(3)(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. The Coast Guard did not receive the event details in
sufficient time to publish an NPRM. We must establish this special
local regulation on May 12, 2018 and 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 regulated area until after the date of the regatta and compromise
public safety.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. Delaying the effective
[[Page 21172]]
date of this rule would be impracticable and contrary to public
interest because immediate action is necessary to protect persons and
property from the dangers associated with commercial traffic
interacting with this rowing event.
III. Legal Authority and Need for a Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Sector Lower Mississippi River (COTP) has
determined that potential hazards associated with the Duncan Williams
Dragon Boat Races from 7 a.m. to 4 p.m. on May 12, 2018 will be a
safety concern for all navigable waters of the Wolf River Chute in the
vicinity of the Mud Island River Park. This rule is necessary to ensure
the safety of life and vessels on these navigable waters before,
during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 7 a.m.
through 4 p.m. on May 12, 2017 for all navigable waters of the Wolf
River Chute from the Mud Island River Park Monorail Bridge at
35[deg]08.9'' N, 090[deg]03.4'' W, south to the mouth of the Chute at
35[deg]08.5'' N, 090[deg]08.5'' W, in Memphis, TN. The duration of the
regulated area is intended to ensure the safety of life and vessels on
these navigable waters before, during, and after the scheduled event.
No vessel or person shall transit the regulated area unless authorized
by the COTP or a designated representative. A designated representative
may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
All persons and vessels not registered with the event sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP to patrol the regulated area.
Spectator vessels desiring to transit the regulated area may do so
only with prior approval of the COTP or a designated representative and
when so directed by that officer will be operated at a minimum safe
navigation speed in a manner that will not endanger participants in the
regulated area or any other vessels. No spectator vessel shall anchor,
block, loiter, or impede the through transit of participants or
official patrol vessels in the regulated area during the effective
dates and times, unless cleared for entry by or through an official
patrol vessel. Any spectator vessel may anchor outside the regulated
area, but may not anchor in, block, or loiter in a navigable channel.
Spectator vessels may be moored to a waterfront facility within the
regulated area in such a way that they shall not interfere with the
progress of the event. Such mooring must be complete at least 30
minutes prior to the establishment of the regulated area and remain
moored through the duration of the event.
Persons or vessels seeking to enter into or transit through the
regulated area must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM channels 16 or by
telephone at 1-866-777-2784. If permission is granted, all persons and
vessels must comply with the instructions of the COTP or designated
representative.
The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property. The COTP or a designated representative
will terminate enforcement of the regulated area at the conclusion of
the event.
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, duration, and time-of-day of the special local regulation.
This special local regulation will restrict vessel traffic for nine
hours on a less than half-mile stretch of the Wolf River Chute for one
day. Moreover, the Coast Guard will issue Broadcast Notice to Mariners
(BNMs) via VHF-FM marine channel 16 about the regulated area, and the
rule allows vessels to seek permission to enter 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 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
regulated area 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.
[[Page 21173]]
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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 the establishment of a special local regulation lasting
nine hours for an event spanning 860 yards of the Wolf River Chute in
the vicinity of the Mud Island River Park in Memphis, TN. It is
categorically excluded from further review under paragraphs L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration 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.
0
2. Add Sec. 100.35T08-0313 to read as follows:
Sec. 100.35T08-0313 Special Local Regulation; Wolf River Chute,
Memphis, TN.
(a) Location. (1) The following area is a special local regulation:
All navigable waters of the Wolf River Chute forming the mouth of the
Chute, from the Mud Island River Park Monorail bridge at 35[deg]08.9''
N, 090[deg]03.4'' W, south to the mouth of the Chute at 35[deg]08.5''
N, 090[deg]08.5'' W.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 100.801 of this part, no vessel or person shall enter the
regulated area unless authorized by the Captain of the Port Sector
Lower Mississippi River (COTP) or a designated representative. A
designated representative may be a Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The PATCOM may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM''.
(2) All persons and vessels not registered with the event sponsor
as participants or official patrol vessels are considered spectators.
The ``official patrol vessels'' consist of any Coast Guard, state, or
local law enforcement and sponsor provided vessels assigned or approved
by the COTP to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the COTP or a designated representative
and when so directed by that officer will be operated at a minimum safe
navigation speed in a manner that will not endanger participants in the
regulated area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(6) Persons or vessels seeking to enter into or transit through the
regulated area must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM channels 16 or by
telephone at 1-866-777-2784.
(7) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or designated representative.
(8) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(9) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(10) The COTP or a designated representative will terminate
enforcement of the regulated area at the conclusion of the event.
(c) Effective period. This section is effective from 7 a.m. until 4
p.m. on May 12, 2018.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs) of the enforcement period for the
[[Page 21174]]
regulated area as well as any changes in the dates and times of
enforcement.
Dated: April 23, 2018.
R. Tamez,
Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2018-09908 Filed 5-8-18; 8:45 am]
BILLING CODE 9110-04-P
