Safety Zone; Bath Creek, Bath, NC, 24221-24223 [2018-11259]
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Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
1.
2. Add § 100.501T05–1054 to read as
follows:
■
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§ 100.501T05–1054 Special Local
Regulation; Chesapeake Bay, between
Sandy Point and Kent Island, MD.
(a) Regulated area. The following
location is a regulated area: All
navigable waters of the Chesapeake Bay,
adjacent to the shoreline at Sandy Point
State Park and between and adjacent to
the spans of the William P. Lane Jr.
Memorial Bridges, from shoreline to
shoreline, bounded to the north by a
line drawn from the western shoreline
at latitude 39°01′05.23″ N, longitude
076°23′47.93″ W; thence eastward to
latitude 39°01′02.08″ N, longitude
076°22′40.24″ W; thence southeastward
to eastern shoreline at latitude
38°59′13.70″ N, longitude 076°19′58.40″
W; and bounded to the south by a line
drawn parallel and 500 yards south of
the south bridge span that originates
from the western shoreline at latitude
39°00′17.08″ N, longitude 076°24′28.36″
W; thence southward to latitude
38°59′38.36″ N, longitude 076°23′59.67″
W; thence eastward to latitude
38°59′26.93″ N, longitude 076°23′25.53″
W; thence eastward to the eastern
shoreline at latitude 38°58′40.32″ N,
longitude 076°20′10.45″ W, located
between Sandy Point and Kent Island,
MD. All coordinates reference North
American Datum 83 (NAD 1983).
(b) Definitions. (1) Captain of the Port
(COTP) Maryland—National Capital
Region means the Commander, U.S.
Coast Guard Sector Maryland—National
Capital Region or any Coast Guard
commissioned, warrant, or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
(2) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
who has been designated by the
Commander, Coast Guard Sector
Maryland—National Capital Region.
(3) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland—National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
(4) Participant means all persons and
vessels registered with the event
sponsor as participating in the Bay
Bridge Paddle event or otherwise
designated by event sponsor as having
a function tied to the event.
(c) Special local regulations. (1) The
COTP or Coast Guard Patrol
Commander may forbid and control the
movement of all vessels and persons,
including event participants, in the
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16:28 May 24, 2018
Jkt 244001
regulated area. When hailed or signaled
by an official patrol, a vessel or person
in the regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property.
(2) Except for participants and vessels
already at berth, all persons and vessels
within the regulated area at the time it
is implemented are to depart the
regulated area.
(3) Persons and vessels desiring to
transit, moor, or anchor within the
regulated area must first obtain
authorization from the COTP
Maryland—National Capital Region or
Coast Guard Patrol Commander. The
COTP Maryland—National Capital
Region can be contacted at telephone
number 410–576–2693 or on Marine
Band Radio, VHF–FM channel 16 (156.8
MHz). During the enforcement period,
persons or vessel operators may request
permission to transit, moor, or anchor
within the regulated area from the Coast
Guard Patrol Commander on Marine
Band Radio, VHF–FM channel 16 (156.8
MHz).
(4) The Coast Guard may be assisted
in the patrol and enforcement of the
regulated area by other Federal, State,
and local agencies. The Coast Guard
Patrol Commander and official patrol
vessels enforcing this regulated area can
be contacted on marine band radio
VHF–FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz).
(5) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period. This section
will be enforced from 7 a.m. to 1:30 p.m.
on June 2, 2018, and, if necessary due
to inclement weather, from 7 a.m. to
1:30 p.m. on June 3, 2018.
Dated: May 17, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland—National Capital Region.
[FR Doc. 2018–10990 Filed 5–24–18; 8:45 am]
Frm 00003
Fmt 4700
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0416]
RIN 1625–AA00
Safety Zone; Bath Creek, Bath, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
navigable waters of Bath Creek near
Bath, North Carolina, in support of a
fireworks display on May 26, 2018. This
temporary safety zone is intended to
restrict vessel traffic from a portion of
Bath Creek during the Bath Festival
fireworks display to protect the life and
property of the maritime public and
spectators from the hazards posed by
aerial fireworks displays. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
(COTP) North Carolina or a designated
representative.
DATES: This rule is effective from 8:30
p.m. through 9:00 p.m. on May 26, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0416 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 Chief Petty Officer Joshua
O’Rourke, Waterways Management
Division, U.S. Coast Guard Sector North
Carolina, Wilmington, NC; telephone
910–772–2227, email
Joshua.P.Orourke@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
COTP Captain of the Port
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
BILLING CODE 9110–04–P
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Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest. The publishing of an NPRM
would be impracticable and contrary to
the public interest since immediate
action is needed to minimize potential
danger to the participants and the
public during the event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to public
interest because immediate action is
needed to protect persons and vessels
from the hazards associated with this
event.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP North Carolina has determined
that potential hazards associated with
the Bath Festival fireworks display on
May 26, 2018, is a safety concern for
maritime spectators during the launch
of fireworks on Bath Creek in Bath,
North Carolina. This rule is necessary to
protect persons and vessels from the
potential hazards associated with the
aerial fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:30 p.m. until 9 p.m. on May 26,
2018. The safety zone will include all
navigable waters within 150 yard radius
of the fireworks barge at approximate
position: Latitude 35°28′04″ N,
longitude 076°48′55″ W, on Bath Creek,
Bath, North Carolina. This safety zone is
being established for the safety of the
maritime spectators observing the
fireworks display. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative. All vessels within this
safety zone when this section becomes
effective must depart the zone
immediately. To request permission to
remain in, enter, or transit through the
safety zone, vessels should contact the
COTP North Carolina or the COTP
North Carolina’s representative through
the Coast Guard Sector North Carolina
Command Duty Officer, Wilmington,
North Carolina, at telephone number
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16:28 May 24, 2018
Jkt 244001
910–343–3882, or on VHF–FM marine
band radio channel 13 (165.65 MHz) or
channel 16 (156.8 MHz).
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 safety zone. The half
hour regulation enforcement period
should not overly burden vessel traffic
based on the short duration of the
period. Smaller vessels will be able to
safely transit around this safety zone,
which will impact a designated area of
Bath Creek, Bath, NC. Additionally, the
rule allows vessels to seek permission to
enter the zone. The Coast Guard will
issue a Broadcast Notice to Mariners to
notify vessels in the region of the
establishment of this regulation.
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 the precise number of small
entities impacted is unknown, Bath
Creek has a low number of vessels
transiting the area planned for the safety
zone, during the enforcement period.
Although, some owners or operators of
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Frm 00004
Fmt 4700
Sfmt 4700
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A. above,
this rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (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
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25MYR1
Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969(42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting half an hour that will
prohibit entry into a portion of Bath
Creek, Bath, NC. 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.
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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:
VerDate Sep<11>2014
16:28 May 24, 2018
Jkt 244001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
■
E. Unfunded Mandates Reform Act
List of Subjects in 33 CFR Part 165
24223
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.
2. Add § 165.T05–0416 to read as
follows:
■
§ 165.T05–0416
Bath, NC.
Safety Zone, Bath Creek,
(a) Location. The following area is a
safety zone: All navigable waters within
a 150 yard radius of the fireworks barge
at approximate position: Latitude
35°28′04″ N, longitude 076°48′55″ W, on
Bath Creek, Bath, North Carolina.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
Captain of the Port means the
Commander, Sector North Carolina.
(c) Regulations. (1) The general
regulations governing safety zones in
subpart C of this part apply to the area
described in paragraph (a) of this
section.
(2) With the exception of the
fireworks barge and crew, entry into or
remaining in this safety zone is
prohibited unless authorized by the
COTP North Carolina or the COTP
North Carolina’s designated
representative. All other vessels must
depart the zone immediately.
(3) All vessels within this safety zone
when this section becomes effective
must depart the zone immediately.
(4) To request permission to remain
in, enter, or transit through the safety
zone, contact the COTP North Carolina
or the COTP North Carolina’s
representative through the Coast Guard
Sector North Carolina Command Duty
Officer, Wilmington, North Carolina, at
telephone number 910–343–3882, or on
VHF–FM marine band radio channel 13
(165.65 MHz) or channel 16 (156.8
MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
Dated: May 16, 2018.
Bion B. Stewart,
Captain, U. S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2018–11259 Filed 5–24–18; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
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[EPA–R01–OAR–2009–0436; FRL–9978–
30—Region 1]
Air Plan Approval; Rhode Island;
Enhanced Motor Vehicle Inspection
and Maintenance Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Rhode Island.
These revisions include regulations to
update the enhanced motor vehicle
inspection and maintenance (I/M)
program in Rhode Island. The revised
program includes a test and repair
network consisting of on-board
diagnostic (OBD2) testing for model year
1996 and newer vehicles and tailpipe
exhaust test, using a dynamometer, for
model year 1995 and older vehicles. The
intended effect of this action is to
approve the revised program into the
Rhode Island SIP. This action is being
taken in accordance with the Clean Air
Act (CAA).
DATES: This rule is effective on June 25,
2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2009–0436. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI 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 at www.regulations.gov or at
the U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, 5 Post
Office Square, Suite 100 (mail code:
E:\FR\FM\25MYR1.SGM
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Agencies
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Rules and Regulations]
[Pages 24221-24223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11259]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0416]
RIN 1625-AA00
Safety Zone; Bath Creek, Bath, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Bath Creek near Bath, North Carolina, in support of
a fireworks display on May 26, 2018. This temporary safety zone is
intended to restrict vessel traffic from a portion of Bath Creek during
the Bath Festival fireworks display to protect the life and property of
the maritime public and spectators from the hazards posed by aerial
fireworks displays. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) North Carolina or a designated representative.
DATES: This rule is effective from 8:30 p.m. through 9:00 p.m. on May
26, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0416 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 Chief Petty Officer Joshua O'Rourke, Waterways Management
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC;
telephone 910-772-2227, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
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
[[Page 24222]]
U.S.C. 553(b)). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because it is impracticable and contrary to the public interest.
The publishing of an NPRM would be impracticable and contrary to the
public interest since immediate action is needed to minimize potential
danger to the participants and the public during the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to protect persons and vessels from the hazards associated
with this event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP North Carolina has determined that potential hazards
associated with the Bath Festival fireworks display on May 26, 2018, is
a safety concern for maritime spectators during the launch of fireworks
on Bath Creek in Bath, North Carolina. This rule is necessary to
protect persons and vessels from the potential hazards associated with
the aerial fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:30 p.m. until 9 p.m. on
May 26, 2018. The safety zone will include all navigable waters within
150 yard radius of the fireworks barge at approximate position:
Latitude 35[deg]28'04'' N, longitude 076[deg]48'55'' W, on Bath Creek,
Bath, North Carolina. This safety zone is being established for the
safety of the maritime spectators observing the fireworks display. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. All
vessels within this safety zone when this section becomes effective
must depart the zone immediately. To request permission to remain in,
enter, or transit through the safety zone, vessels should contact the
COTP North Carolina or the COTP North Carolina's representative through
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington,
North Carolina, at telephone number 910-343-3882, or on VHF-FM marine
band radio channel 13 (165.65 MHz) or channel 16 (156.8 MHz).
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 safety zone. The half hour regulation
enforcement period should not overly burden vessel traffic based on the
short duration of the period. Smaller vessels will be able to safely
transit around this safety zone, which will impact a designated area of
Bath Creek, Bath, NC. Additionally, the rule allows vessels to seek
permission to enter the zone. The Coast Guard will issue a Broadcast
Notice to Mariners to notify vessels in the region of the establishment
of this regulation.
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 the precise number of small entities impacted is unknown,
Bath Creek has a low number of vessels transiting the area planned for
the safety zone, during the enforcement period. Although, some owners
or operators of vessels intending to transit the safety zone may be
small entities, for the reasons stated in section V.A. above, this rule
will not have a significant economic impact on any vessel owner or
operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (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
[[Page 24223]]
believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone lasting half an hour that will prohibit entry into a
portion of Bath Creek, Bath, NC. 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.T05-0416 to read as follows:
Sec. 165.T05-0416 Safety Zone, Bath Creek, Bath, NC.
(a) Location. The following area is a safety zone: All navigable
waters within a 150 yard radius of the fireworks barge at approximate
position: Latitude 35[deg]28'04'' N, longitude 076[deg]48'55'' W, on
Bath Creek, Bath, North Carolina.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
Captain of the Port means the Commander, Sector North Carolina.
(c) Regulations. (1) The general regulations governing safety zones
in subpart C of this part apply to the area described in paragraph (a)
of this section.
(2) With the exception of the fireworks barge and crew, entry into
or remaining in this safety zone is prohibited unless authorized by the
COTP North Carolina or the COTP North Carolina's designated
representative. All other vessels must depart the zone immediately.
(3) All vessels within this safety zone when this section becomes
effective must depart the zone immediately.
(4) To request permission to remain in, enter, or transit through
the safety zone, contact the COTP North Carolina or the COTP North
Carolina's representative through the Coast Guard Sector North Carolina
Command Duty Officer, Wilmington, North Carolina, at telephone number
910-343-3882, or on VHF-FM marine band radio channel 13 (165.65 MHz) or
channel 16 (156.8 MHz).
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
Dated: May 16, 2018.
Bion B. Stewart,
Captain, U. S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-11259 Filed 5-24-18; 8:45 am]
BILLING CODE 9110-04-P