Safety Zone; Tumon Bay, Tumon, GU, 64744-64746 [2018-27333]
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<![CDATA[
64744
Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations
Nicarbazin in
grams per ton
Combination
in grams per ton
Indications for use
Limitations
Sponsor
(iii) 90.8 to 181.6 ...
Bacitracin
methylenedisalicylate, 30.
Broiler chickens; As an aid in preventing
outbreaks of cecal (Eimeria tenella) and
intestinal (E. acervulina, E. maxima, E.
necatrix, and E. brunetti) coccidiosis,
and for increased rate of weight gain
and improved feed efficiency.
066104
(iv) 90.8 to 181.6 ...
Bacitracin
methylenedisalicylate 50.
Broiler chickens: As an aid in preventing
outbreaks of cecal (Eimeria tenella) and
intestinal (E. acervulina, E. maxima, E.
necatrix, and E. brunetti) coccidiosis,
and as an aid in the prevention of necrotic enteritis caused or complicated by
Clostridium spp. or other organisms susceptible to bacitracin.
(v) 113.5 ................
..............................................
Chickens: As an aid in preventing outbreaks of cecal (Eimeria tenella) and intestinal (E. acervulina, E. maxima, E.
necatrix, and E. brunetti) coccidiosis.
(vi) 113.5 ...............
Bacitracin
methylenedisalicylate, 30.
Broiler chickens; aid in preventing outbreaks of cecal (Eimeria tenella) and intestinal (E. acervulina, E. maxima, E.
necatrix, and E. brunetti) coccidiosis,
and for increased rate of weight gain
and improved feed efficiency.
(vii) 113.5 ..............
Bacitracin zinc, 4 to 50 ........
Broiler chickens; aid in preventing outbreaks of cecal (Eimeria tenella) and intestinal (E. acervulina, E. maxima, E.
necatrix, and E. brunetti) coccidiosis,
and for increased rate of weight gain
and improved feed efficiency.
(viii) 113.5 .............
Bambermycins, 1 to 2 .........
Broiler chickens: As an aid in preventing
outbreaks of cecal (Eimeria tenella) and
intestinal (E. acervulina, E. maxima, E.
necatrix, and E. brunetti) coccidiosis,
and for increased rate of weight gain
and improved feed efficiency.
Feed continuously as sole ration from time chicks are
placed on litter until past the time when coccidiosis is
ordinarily a hazard. Do not use as a treatment for coccidiosis. Do not use in flushing mashes. Do not feed to
laying hens. Withdraw 4 days before slaughter for use
levels at or below 113.5 g/ton. Withdraw 5 days before
slaughter for use levels above 113.5 g/ton. Nicarbazin
as
provided
by
No.
066104;
bacitracin
methylenedisalicylate as provided by No. 054771 in
§ 510.600(c) of this chapter.
Feed continuously as sole ration from time chicks are
placed on litter until past the time when coccidiosis is
ordinarily a hazard. Do not use as a treatment for outbreaks of coccidiosis. Do not use in flushing mashes.
Do not feed to laying hens. Withdraw 4 days before
slaughter for use levels at or below 113.5 g/ton. Withdraw 5 days before slaughter for use levels above
113.5 g/ton. Nicarbazin as provided by No. 066104;
bacitracin methylenedisalicylate as provided by No.
054771 in § 510.600(c) of this chapter.
Feed continuously as sole ration from time chicks are
placed on litter until past the time when coccidiosis is
ordinarily a hazard. Do not use as a treatment for coccidiosis. Do not use in flushing mashes. Do not feed to
laying hens. Withdraw 4 days before slaughter.
Feed continuously as sole ration from time chicks are
placed on litter until past the time when coccidiosis is
ordinarily a hazard. Do not use as a treatment for coccidiosis. Do not use in flushing mashes. Do not feed to
laying hens. Withdraw 4 days before slaughter.
Nicarbazin as provided by No. 066104; bacitracin
methylenedisalicylate as provided by No. 054771 in
§ 510.600(c) of this chapter.
For broiler chickens only. Feed continuously as sole ration from time chicks are placed on litter until past the
time when coccidiosis is ordinarily a hazard. Do not
use in flushing mashes. Do not feed to laying hens.
Withdraw 4 days before slaughter. Nicarbazin as provided by No. 066104, bacitracin zinc as provided by
No. 054771 in § 510.600(c) of this chapter.
Feed continuously as sole ration from time chicks are
placed on litter until past the time when coccidiosis is
ordinarily a hazard; do not use as a treatment for coccidiosis. Do not use in flushing mashes. Do not feed to
laying hens. Withdraw 4 days before slaughter.
Nicarbazin as provided by No. 066104; bambermycins
as provided by No. 016592 in § 510.600(c) of this
chapter.
(2) [Reserved]
§ 558.485
DEPARTMENT OF HOMELAND
SECURITY
[Amended]
26. In § 558.485, in paragraph (e)(2),
in the ‘‘Limitations’’ column, remove
‘‘Not for use in horses intended for
food.’’ and in its place add ‘‘Do not use
in horses intended for human
consumption.’’
■
Dated: December 11, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–27238 Filed 12–17–18; 8:45 am]
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BILLING CODE 4164–01–P
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Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0864]
RIN 1625–AA00
Safety Zone; Tumon Bay, Tumon, GU
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 190 yard
radius of a fireworks barge located in
Tumon Bay for the New Year’s Eve
Fireworks display. The Coast Guard
believes this safety zone is necessary to
protect the public from potential
hazards created by the fireworks display
fallout. This safety zone will prohibit
persons and vessels from being in the
SUMMARY:
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054771
058198
060728
060728
054771
066104
016592
safety zone unless authorized by the
Captain of the Port Guam (COTP).
DATES: This rule is effective from 9 p.m.
on December 31, 2018 through 1 a.m. on
January 1, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0864 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 Todd Wheeler, Waterways
Management, U.S. Coast Guard;
telephone 671–355–4566, email
wwmguam@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E:\FR\FM\18DER1.SGM
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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
permission from the COTP or a
designated representative.
II. Background Information and
Regulatory History
The fireworks display is anticipated
to be from midnight on December 31,
2018 through 00:30 a.m. on January 1,
2019, to celebrate New Year’s Eve. The
fireworks are to be launched from a
barge in Tumon Bay approximately 350
yards north of Joseph F. Flores Beach
Park. Hazards from fireworks displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
COTP has determined that potential
hazards associated with the fireworks to
be used in this display would be a safety
concern for anyone within a 190 yard
radius of the barge.
In response, on October 5, 2018, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Tumon Bay, Tumon, GU
(83 FR 50310–50312). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this fireworks display.
During the comment period that ended
November 5, 2018, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under its authority in 33 U.S.C. 1231.
The COTP has determined that potential
hazards associated with the fireworks to
be used in this January 1, 2019 display
will be a safety concern for anyone
within a 190 yard radius of the barge.
The purpose of this rule is to ensure
safety of vessels and the navigable
waters in the safety zone before, during,
and after the scheduled event.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
October 5, 2018. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone
from 9 p.m. on December 31, 2018
through 1 a.m. on January 1, 2019. The
safety zone will cover all navigable
waters within a 190 yard radius of a
fireworks barge located in Tumon Bay
for the New Year’s Eve Fireworks
display. The Coast Guard believes this
safety zone is necessary to protect the
public from potential hazards created by
the fireworks display fallout. No vessel
or person will be permitted to enter the
safety zone without obtaining
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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-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
Tumon Bay for 4 hours. This is a low
traffic area that consists mainly of
outrigger canoes and sail boards during
daylight hours. Moreover, the Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the safety zone, and the rule
allows vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. 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 safety
zone may be small entities, for the
reasons stated in section V.A. above,
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64745
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 (Public Law 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
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64746
Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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.
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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 4 hours that will prohibit
entry within 190 yards of a fireworks
barge in Tumon Bay approximately 350
yards north of Joseph F. Flores Beach
Park. 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.
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.T14–0864 to read as
follows:
■
§ 165.T14–0864
Tumon, GU.
Safety Zone; Tumon Bay,
(a) Location. The following areas,
within the Guam Captain of the Port
(COTP) Zone (See 33 CFR 3.70–15), all
navigable waters on the surface and
below the surface within 190 yards of
the fireworks barge participating in the
New Year’s Eve Fireworks display. The
following position, 13 degrees 30
minutes 24.99 seconds N Latitude, 144
degrees 47 minutes 21.93 seconds E
Longitude, are to be used as a guide to
the location of the barge.
(b) Effective dates. This rule is
effective from 9 p.m. on December 31,
2018 through 1 a.m. on January 1, 2019.
(c) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other COTP representative
permitted by law, may enforce this
temporary safety zone.
(d) Waiver. The COTP may waive any
of the requirements of this rule for any
person, vessel, or class of vessel upon
finding that application of the safety
zone is unnecessary or impractical for
the purpose of maritime security.
(e) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: November 28, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
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.
[FR Doc. 2018–27333 Filed 12–17–18; 8:45 am]
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:
Air Plan Approval; MS; PSD
Infrastructure Plan for the 2012 PM2.5
NAAQS
1. The authority citation for part 165
continues to read as follows:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0424; FRL–9988–12–
Region 4]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
the State Implementation Plan (SIP)
submission, submitted by the State of
Mississippi, through the Mississippi
Department of Environmental Quality
(MDEQ), on December 11, 2015, to
SUMMARY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
BILLING CODE 9110–04–P
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demonstrate that the State meets the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2012
annual fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS). The CAA requires that each
state adopt and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. Specifically, EPA
is approving the portions of the
submission that relate to the prevention
of significant deterioration (PSD)
requirements. All other applicable
infrastructure requirements for the 2012
Annual PM2.5 NAAQS have been
addressed in separate rulemakings.
DATES: This rule will be effective
January 17, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0424. 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., 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 either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
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 Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Mr. Lakeman can
be reached via telephone at (404) 562–
9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012 (78 FR 3086,
January 15, 2013), EPA promulgated a
E:\FR\FM\18DER1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Rules and Regulations]
[Pages 64744-64746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27333]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0864]
RIN 1625-AA00
Safety Zone; Tumon Bay, Tumon, GU
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 190 yard radius of a fireworks barge located
in Tumon Bay for the New Year's Eve Fireworks display. The Coast Guard
believes this safety zone is necessary to protect the public from
potential hazards created by the fireworks display fallout. This safety
zone will prohibit persons and vessels from being in the safety zone
unless authorized by the Captain of the Port Guam (COTP).
DATES: This rule is effective from 9 p.m. on December 31, 2018 through
1 a.m. on January 1, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0864 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 Todd Wheeler, Waterways Management, U.S. Coast
Guard; telephone 671-355-4566, email wwmguam@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
[[Page 64745]]
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The fireworks display is anticipated to be from midnight on
December 31, 2018 through 00:30 a.m. on January 1, 2019, to celebrate
New Year's Eve. The fireworks are to be launched from a barge in Tumon
Bay approximately 350 yards north of Joseph F. Flores Beach Park.
Hazards from fireworks displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The COTP has determined that potential hazards associated with
the fireworks to be used in this display would be a safety concern for
anyone within a 190 yard radius of the barge.
In response, on October 5, 2018, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Safety Zone; Tumon Bay, Tumon, GU
(83 FR 50310-50312). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended November 5,
2018, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under its authority in 33
U.S.C. 1231. The COTP has determined that potential hazards associated
with the fireworks to be used in this January 1, 2019 display will be a
safety concern for anyone within a 190 yard radius of the barge. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the safety zone before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
October 5, 2018. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a safety zone from 9 p.m. on December 31,
2018 through 1 a.m. on January 1, 2019. The safety zone will cover all
navigable waters within a 190 yard radius of a fireworks barge located
in Tumon Bay for the New Year's Eve Fireworks display. The Coast Guard
believes this safety zone is necessary to protect the public from
potential hazards created by the fireworks display fallout. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
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-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of Tumon Bay for 4 hours. This is a low
traffic area that consists mainly of outrigger canoes and sail boards
during daylight hours. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the safety zone,
and the rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. 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
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 (Public Law 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
[[Page 64746]]
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 4 hours that will prohibit entry within 190 yards
of a fireworks barge in Tumon Bay approximately 350 yards north of
Joseph F. Flores Beach Park. 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.T14-0864 to read as follows:
Sec. 165.T14-0864 Safety Zone; Tumon Bay, Tumon, GU.
(a) Location. The following areas, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters on the
surface and below the surface within 190 yards of the fireworks barge
participating in the New Year's Eve Fireworks display. The following
position, 13 degrees 30 minutes 24.99 seconds N Latitude, 144 degrees
47 minutes 21.93 seconds E Longitude, are to be used as a guide to the
location of the barge.
(b) Effective dates. This rule is effective from 9 p.m. on December
31, 2018 through 1 a.m. on January 1, 2019.
(c) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce this temporary safety zone.
(d) Waiver. The COTP may waive any of the requirements of this rule
for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime security.
(e) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: November 28, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-27333 Filed 12-17-18; 8:45 am]
BILLING CODE 9110-04-P
