Safety Zone; Atlantic Intracoastal Waterway, Swansboro, NC, 30877-30879 [2018-14169]
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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
(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) 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.
(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: June 25, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2018–14166 Filed 6–29–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0612]
RIN 1625–AA00
Safety Zone; Atlantic Intracoastal
Waterway, Swansboro, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters of the Atlantic
Intracoastal Waterway near Swansboro,
North Carolina, in support of a
fireworks display on July 4, 2018. This
temporary safety zone is intended to
restrict vessel traffic from a portion of
the Atlantic Intracoastal Waterway
during the Town of Swansboro Fourth
of July Celebration fireworks display to
protect the life and property of the
maritime public and spectators from the
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SUMMARY:
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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 8:45
p.m. through 9:45 p.m. on July 4, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0612 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 Matthew Tyson,
Waterways Management Division, U.S.
Coast Guard Sector North Carolina,
Wilmington, NC; telephone 910–772–
2221, email Matthew.I.Tyson@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
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 a final rule
needs to be in place by July 4, 2018, 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 impracticable and
contrary to public interest because
immediate action is needed to protect
persons and vessels from the hazards
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30877
associated with this event on July 4,
2018.
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 North Carolina
(COTP) has determined that potential
hazards associated with the Town of
Swansboro Fourth of July Celebration
fireworks display on July 4, 2018, is a
safety concern for maritime spectators
during the launch of fireworks on the
Atlantic Intracoastal Waterway near
Swansboro, 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 8:45 p.m. until 9:45 p.m. on July
4, 2018. The safety zone will include all
navigable waters within a 150 yard
radius of the fireworks launch location
at approximate position: Latitude
34°41′02″ N, longitude 077°07′04″ W, on
the Atlantic Intracoastal Waterway near
Swansboro, 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 or a designated representative of
the COTP 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
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02JYR1
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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
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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 onehour regulation enforcement period
should not overly burden vessel traffic
based on the short duration of the
period. This safety zone will only
impact a small designated area of the
Atlantic Intracoastal Waterway near
Swansboro, 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, it is
expected that the number of vessels in
this portion of the Atlantic Intracoastal
Waterway during the event will be low.
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
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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
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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 one hour that will prohibit
entry into a portion of the Atlantic
Intracoastal Waterway near Swansboro,
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
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.
2. Add § 165.T05–0612 to read as
follows:
■
§ 165.T05–0612 Safety Zone, Atlantic
Intracoastal Waterway, Swansboro, NC.
(a) Location. The following area is a
safety zone: All navigable waters within
a 150 yard radius of the fireworks
launch location at approximate position:
Latitude 34°41′02″ N, longitude
077°07′04″ W, on the Atlantic
Intracoastal Waterway near Swansboro,
North Carolina.
(b) Definitions. As used in this
section—
Captain of the Port means the
Commander, Sector North Carolina.
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard commissioned,
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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
(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) 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.
(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: June 25, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2018–14169 Filed 6–29–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2009–0234; FRL–9980–41–
OAR]
RIN 2060–AT42
Remaining Requirements for Mercury
and Air Toxics Standards (MATS)
Electronic Reporting Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
NAICS code 1
Category
Industry .....................................................
Federal government ..................................
State/local/Tribal government ...................
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The Environmental Protection
Agency (EPA) is taking final action to
extend the period during which certain
electronic reports required by the
Mercury and Air Toxics Standards
(MATS) may be submitted as portable
document format (PDF) files using the
Emissions Collection and Monitoring
Plan System (ECMPS) Client Tool. This
action will extend the end date of that
period from June 30, 2018, to July 1,
2020. This extension is necessary
because the electronic reporting system
that owners or operators of affected
MATS sources will be required to use
when PDF filing is no longer allowed
will not be available by June 30, 2018.
This extension does not alter the
responsibility of owners or operators of
affected MATS sources to comply with
the applicable MATS and report their
compliance information to the
appropriate authority. In addition, this
extension ensures that the compliance
information can be submitted in a
timely manner and made available to
the public. Finally, this rule is effective
on July 1, 2018, to provide the regulated
community a continuous and viable
vehicle to submit compliance reports.
DATES: This final rule is effective on July
1, 2018.
ADDRESSES: Docket: The EPA has
established a docket for this action
under Docket ID No. EPA–HQ–OAR–
2009–0234. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, e.g., confidential
business information (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.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Barrett Parker, Sector Policies and
Programs Division, Office of Air Quality
Planning and Standards (D243–05),
Environmental Protection Agency,
Research Triangle Park, NC 27711;
SUMMARY:
221112
2 221122
2 221122
921150
30879
telephone number: (919) 541–5635;
email address: parker.barrett@epa.gov.
The
information in this preamble is
organized as follows:
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
B. What action is the Agency taking?
C. What is the Agency’s authority for
taking this action?
D. What are the incremental costs and
benefits of this action?
II. Supplemental Information
A. Background
B. Why is the Agency taking final action
without providing an opportunity for
public comment?
C. Why is the Agency making this action
effective on July 1, 2018?
III. What is the scope of this amendment?
IV. What specific amendments to 40 CFR part
63, subpart UUUUU are made by this
rule?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act
(UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
J. National Technology Transfer and
Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
L. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
Categories and entities potentially
affected by this action include:
Examples of potentially regulated entities
Fossil
Fossil
Fossil
Fossil
fuel-fired
fuel-fired
fuel-fired
fuel-fired
EGUs.
EGUs owned by the Federal government.
EGUs owned by municipalities.
EGUs in Indian country.
1 North
American Industry Classification System.
2 Federal, state, or local government-owned and operated establishments are classified according to the activity in which they are engaged.
This table is not intended to be
exhaustive, but rather provides a guide
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16:46 Jun 29, 2018
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for readers regarding entities likely to be
regulated by this action. This table lists
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the types of entities that the EPA is now
aware could potentially be regulated by
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]]>Agencies
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30877-30879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14169]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0612]
RIN 1625-AA00
Safety Zone; Atlantic Intracoastal Waterway, Swansboro, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of the Atlantic Intracoastal Waterway near
Swansboro, North Carolina, in support of a fireworks display on July 4,
2018. This temporary safety zone is intended to restrict vessel traffic
from a portion of the Atlantic Intracoastal Waterway during the Town of
Swansboro Fourth of July Celebration 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 8:45 p.m. through 9:45 p.m. on July
4, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0612 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 Matthew Tyson, Waterways Management
Division, U.S. Coast Guard Sector North Carolina, Wilmington, NC;
telephone 910-772-2221, 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 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 a final rule needs to be in
place by July 4, 2018, 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 impracticable and contrary to public interest
because immediate action is needed to protect persons and vessels from
the hazards associated with this event on July 4, 2018.
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 North Carolina (COTP) has determined that
potential hazards associated with the Town of Swansboro Fourth of July
Celebration fireworks display on July 4, 2018, is a safety concern for
maritime spectators during the launch of fireworks on the Atlantic
Intracoastal Waterway near Swansboro, 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 8:45 p.m. until 9:45 p.m.
on July 4, 2018. The safety zone will include all navigable waters
within a 150 yard radius of the fireworks launch location at
approximate position: Latitude 34[deg]41'02'' N, longitude
077[deg]07'04'' W, on the Atlantic Intracoastal Waterway near
Swansboro, 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 or a designated representative of the COTP 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
[[Page 30878]]
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 one-hour regulation
enforcement period should not overly burden vessel traffic based on the
short duration of the period. This safety zone will only impact a small
designated area of the Atlantic Intracoastal Waterway near Swansboro,
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, it
is expected that the number of vessels in this portion of the Atlantic
Intracoastal Waterway during the event will be low. 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 rule involves
a safety zone lasting one hour that will prohibit entry into a portion
of the Atlantic Intracoastal Waterway near Swansboro, 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.T05-0612 to read as follows:
Sec. 165.T05-0612 Safety Zone, Atlantic Intracoastal Waterway,
Swansboro, NC.
(a) Location. The following area is a safety zone: All navigable
waters within a 150 yard radius of the fireworks launch location at
approximate position: Latitude 34[deg]41'02'' N, longitude
077[deg]07'04'' W, on the Atlantic Intracoastal Waterway near
Swansboro, North Carolina.
(b) Definitions. As used in this section--
Captain of the Port means the Commander, Sector North Carolina.
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned,
[[Page 30879]]
warrant, or petty officer designated by the Captain of the Port North
Carolina (COTP) for the enforcement of the safety zone.
(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) 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.
(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: June 25, 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2018-14169 Filed 6-29-18; 8:45 am]
BILLING CODE 9110-04-P
