Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 66131 

Event Marine safety unit Toledo special local regulations Date 

(14) Frogtown Race Regatta, Toledo, OH.All waters of the Maumee River, Toledo, OH, from the Martin Luther 

King Jr. Memorial Bridge at River Mile 4.30 to the Michael DiSalle 

Bridge at River Mile 6.73.

One day in September. 

(15) Dragon Boat Learning Festival, 

Toledo, OH.

All waters of the Maumee River in Toledo, OH between the Martin 

Luther King Jr. Memorial Bridge at river mile 4.30 and a line extending from a point at position 41°38.78′ N, 083°31.84′ W at International Park straight across the river to shore near the mouth of 

Swan Creek at position 41°38.79′ N, 083°32.03′ W.

One day in June or July. 

§§ 100.912 through 100.921, 100.927, and 

100.928 [Removed] 

■ 3. Remove § 100.912, § 100.913, 

§ 100.914, § 100.915, § 100.916, 

§ 100.917, § 100.918, § 100.919, 

§ 100.920, § 100.921, § 100.927, and 

§ 100.928. 

Dated: December 18, 2018. 

Jeffrey W. Novak, 

Captain, U. S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2018–27772 Filed 12–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–1054] 

Drawbridge Operation Regulation; 

Duwamish Waterway, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Southwest 

Spokane Street Bridge (Spokane Street 

Bridge), mile 0.3, across the Duwamish 

Waterway at Seattle, WA. The deviation 

is necessary to accommodate re-routed 

roadway traffic while the Alaskan Way 

Viaduct is closed. This deviation allows 

the subject bridge to remain in the 

closed-to-navigation position to allow 

congested roadway traffic to move 

easier. 

DATES: This deviation is effective from 

7 a.m. on January 11, 2019, to 7 p.m. on 

February 9, 2019. 

ADDRESSES: The docket for this 

deviation, USCG–2018–1054 is available 

at http://www.regulations.gov. Type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: Seattle 

Department of Transportation (SDOT), 

the owner of the impacted drawbridges, 

requested a temporary deviation from 

the operating schedule for the Spokane 

Street Bridge, mile 0.3, across the 

Duwamish Waterway at Seattle, WA, to 

facilitate morning and afternoon rerouted roadway traffic. Washington 

Department of Transportation is closing 

the Alaskan Way Viaduct forever, and 

have not finished building new ramp 

approaches to the new SR99 Tunnel 

into Seattle, WA. During the closure of 

the viaduct, SDOT will be re-routing 

roadway traffic into Seattle across the 

Duwamish Waterway, and requested to 

not open the subject bridge to marine 

vessels during morning and afternoon 

hours. The normal operating schedule 

for the Spokane Street Bridge is in 33 

CFR 117.5; which is open on signal. The 

Spokane Street Bridge provides a 

vertical clearance of 55 feet for the 

center 130 feet in the closed-tonavigation position, and 44 feet in the 

closed-to-navigation position on both 

sides. Vertical clearances refer to the 

Mean High tide level. 

During this deviation period, the 

Spokane Street Bridge draw need not 

open to vessels from 7 a.m. to 10 a.m., 

and from 2 p.m. to 5 p.m. from January 

11, 2019 to February 9, 2019, for vessels 

less than 5000 gross tons. If a vessel has 

in tow a vessel of 5000, or more, gross 

tons, or is a vessel proceeding to pick 

up a tow vessel of 5000, or more, gross 

tons, the Spokane Street Bridge shall 

open on signal. Delta Marine will be 

conducting sea trials during this 

deviation period with a 174 foot, 900 

ton vessel; SDOT has agreed to open the 

subject bridge, on signal, for the Delta 

Marine vessel during this deviation 

period. Waterway usage on the 

Duwamish Waterway range from large 

mega yachts, commercial tug and barge 

to small pleasure craft. Vessels able to 

pass through the subject bridge in the 

closed-to-navigation position may do so 

at any time. The Spokane Street Bridge 

will not be able to open for emergencies, 

and there is no immediate alternate 

route for vessels to pass. The Coast 

Guard will also inform the users of the 

waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridges so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the Spokane Street Bridge must return 

to its regular operating schedule 

immediately at the end of the effective 

period of this temporary deviation. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: December 3, 2018. 

Steven M. Fischer, 

Bridge Chief Administrator, Thirteenth Coast 

Guard District. 

[FR Doc. 2018–27831 Filed 12–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–1107] 

RIN 1625–AA00 

Safety Zone; Mathai Fireworks, Detroit 

River, Detroit, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 420-foot 

radius of a portion of the Detroit River, 

Detroit, MI. This zone is necessary to 

protect spectators and vessels from 

potential hazards associated with the 

Mathai marriage proposal fireworks. 

DATES: This temporary final rule is 

effective from 10 p.m. on December 27, 

2018 through 10:30 p.m. on December 

28, 2018. 


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66132 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

1107 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 temporary 

rule, call or email Tracy Girard, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone 313–568–9564, 

or email Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Detroit 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary 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 doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

of this fireworks display in time to 

publish an NPRM. As such, it is 

impracticable to publish an NPRM 

because we lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. 

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 inhibit the Coast 

Guard’s ability to protect participants, 

mariners 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 

Captain of the Port Detroit (COTP) has 

determined that potential hazard 

associated with fireworks from 10 p.m. 

on December 27, 2018 through 10:30 

p.m. on December 28, 2018 will be a 

safety concern to anyone within a 420- 

foot radius of the launch site. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the fireworks are being displayed. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 10 p.m. on December 27, 2018 

through 10:30 p.m. on December 28, 

2018. The safety zone will be enforced 

from 10 p.m. through 10:30 p.m. on 

December 27, 2018. In the case of 

inclement weather or other unforeseen 

delay on December 27, 2018, this safety 

zone will be enforced from 10 p.m. to 

10:30 p.m. on December 28, 2018. The 

safety zone will encompass all U.S. 

navigable waters of the Detroit River, 

Detroit, MI, within a 420-foot radius of 

position 42°19.611′, 083°02.361′ (NAD 

83). 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 

the Detroit River from 10 p.m. on 

December 27, 2018 through 10:30 p.m. 

on December 28, 2018. Moreover, the 

Coast Guard will issue Broadcast Notice 

to Mariners (BNM) via VHF–FM marine 

channel 16 about the zone and the rule 

allows vessels to seek permission to 

enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the 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 


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Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 66133 

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 less than one hour that will 

prohibit entry into a designated area. 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 record keeping 

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.T09–1107 to read as 

follows: 

§ 165.T09–1107 Safety Zone; Mathai 

Fireworks, Detroit River, Detroit, MI. 

(a) Location. A safety zone is 

established to include all U.S. navigable 

waters of the Detroit River, Detroit, MI, 

within a 420-foot radius of position 

42°19.611′, 083°02.361′ (NAD 83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) of this 

section will be enforced from 10 p.m. 

through 10:30 p.m. on December 27, 

2018. In the case of inclement weather 

or other unforeseen delay on December 

27, 2018, this safety zone will be 

enforced from 10 p.m. to 10:30 p.m. on 

December 28, 2018. 

(c) Regulations. (1) No vessel or 

person may enter, transit through, or 

anchor within the safety zone unless 

authorized by the Captain of the Port 

Detroit (COTP), or his on-scene 

representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or his on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

COTP is any Coast Guard 

commissioned, warrant or petty officer 

or a Federal, State, or local law 

enforcement officer designated by or 

assisting the Captain of the Port Detroit 

to act on his behalf. 

(4) Vessel operators shall contact the 

COTP or his on-scene representative to 

obtain permission to enter or operate 

within the safety zone. The COTP or his 

on-scene representative may be 

contacted via VHF Channel 16 or at 

(313) 568–9464. Vessel operators given 

permission to enter or operate in the 

regulated area must comply with all 

directions given to them by the COTP or 

his on-scene representative. 

Dated: December 18, 2018. 

Jeffrey W. Novak, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2018–27790 Filed 12–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2018–0432; FRL–9988–25– 

Region 4] 

Air Plan Approval; North Carolina: NOX

Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

a State Implementation Plan (SIP) 

revision submitted by the State of North 

Carolina, through the North Carolina 

Division of Air Quality (NCDAQ) on 

June 5, 2017, as supplemented on June 

28, 2018. This submittal seeks to revise 

the State’s SIP-approved rules regarding 

nitrogen oxides (NOX) emissions from 

large stationary combustion sources. 

This action is being taken pursuant to 

section 110 of the Clean Air Act (CAA 

or Act). 

DATES: This rule will be effective 

January 25, 2019. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2018–0432. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be 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 


amozie on DSK3GDR082PROD with RULES