67694 Federal Register / Vol. 83, No. 249 / Monday, December 31, 2018 / Rules and Regulations 

(7) Project generally means one or 

more capital projects or facilities, 

including land, buildings, equipment, 

and other property, to be financed with 

an issue, that are located on the same 

site, or adjacent or proximate sites used 

for similar purposes, and that are 

subject to the public approval 

requirement of section 147(f). Capital 

projects or facilities that are not located 

on the same site or adjacent or 

proximate sites may be treated as one 

project if those capital projects or 

facilities are used in an integrated 

operation. For an issue of mortgage 

revenue bonds or an issue of qualified 

student loan bonds as defined in section 

144(b), the term project means the 

mortgage loans or qualified student 

loans to be financed with the proceeds 

of the issue. For an issue of qualified 

501(c)(3) bonds as defined in section 

145, the term project means a project as 

defined in the first sentence of this 

definition, and also is deemed to 

include working capital expenditures to 

be financed with proceeds of the issue. 

(8) Public approval information is 

defined in paragraph (f)(6)(i) of this 

section. 

(9) Public hearing is defined in 

paragraph (d)(1) of this section. 

(10) Reasonable public notice is 

defined in paragraph (d)(4) of this 

section. 

(11) Voter referendum means a vote 

by the voters of the affected 

governmental unit conducted in the 

same manner and time as voter 

referenda on matters relating to 

governmental spending or bond 

issuances by the governmental unit 

under applicable State and local law. 

(h) Applicability date. This section 

applies to bonds issued pursuant to a 

public approval occurring on or after 

April 1, 2019. For bonds issued 

pursuant to a public approval occurring 

before April 1, 2019, see § 5f.103–2 as 

contained in 26 CFR part 5f, revised as 

of April 1, 2018. In addition, an issuer 

may apply the provisions of paragraph 

(f)(6) of this section in whole, but not in 

part, to bonds issued pursuant to a 

public approval occurring before April 

1, 2019. 

PART 5f—TEMPORARY INCOME TAX 

REGULATIONS UNDER THE TAX 

EQUITY AND FISCAL RESPONSIBILITY 

ACT OF 1982 

■ Par. 3. The authority citation for part 

5f continues to read in part as follows: 

Authority: 26 U.S.C. 7805 * * * 

§ 5f.103–2 [Removed] 

■ Par. 4. Section 5f.103–2 is removed. 

Kirsten Wielobob, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: November 1, 2018. 

David J. Kautter, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2018–28371 Filed 12–28–18; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–1078] 

RIN 1625–AA00 

Safety Zone; Marina Del Rey Fireworks 

Event; Marina Del Rey, California 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing a temporary safety zone in 

Marina Del Rey Harbor around the 

fireworks launch site located at the 

south jetty. This temporary safety zone 

is necessary to provide for the safety of 

the waterway users by keeping them 

clear of potentially harmful debris 

within the fall out zone during the 

fireworks displays scheduled to take 

place within Marina Del Rey harbor on 

December 31, 2018 and January 1, 2019. 

Entry of persons or vessels into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP), Los Angeles—Long Beach, or 

her designated representative. 

DATES: This rule is effective from 12:01 

a.m. on December 31, 2018, until 1:01 

a.m. on January 1, 2019. This rule will 

be enforced during the duration of the 

fireworks displays occurring within the 

effective period, which will be 

broadcasted via local Broadcast Notice 

to Mariners. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

1078 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 Waterways Management, U.S. 

Coast Guard Sector Los Angeles—Long 

Beach; telephone (310) 521–3860, email 

D11-SMB-SectorLALB-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

LLNR Light List Number 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ 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. Publishing an 

NPRM would be impracticable in this 

case due to having received initial 

notice of the event on December 3, 2018. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register, the 

Coast Guard finds that good cause exists 

for making it effective less than 30 days 

after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable due to 

the date of the events. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under the authority of 33 U.S.C. 1231. 

The COTP, Los Angeles—Long Beach, 

has determined that potential hazards 

associated with navigation safety that 

arise because the fireworks display 

creates potential for hazards for any 

person or vessel within a 500-foot 

radius of the fireworks launch site. 

Potential hazards include accidental 

discharge of fireworks, dangerous 

projectiles, and falling hot embers or 

other debris. This temporary safety zone 

is necessary to ensure the safety of, and 

reduce the risk to, the public, and 

mariners, in Marina Del Rey harbor. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from December 31, 2018 to 

January 1, 2019, encompassing all 

navigable waters from the surface to the 

sea floor within a 500-foot radius 


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Federal Register / Vol. 83, No. 249 / Monday, December 31, 2018 / Rules and Regulations 67695 

around the fireworks launch site at the 

south jetty in approximate position: 

33°57.760N 118°27.328W, in the Marina 

Del Rey harbor for the duration of two 

fireworks displays, respectively 

expected to commence at 9:00 p.m. on 

December 31, 2018 and 12:00 a.m. on 

January 1, 2019, with each display 

lasting for approximately 15 minutes. 

These coordinates are based on North 

American Datum of 1983. 

No vessel or person is permitted to 

operate in the safety zone without 

obtaining permission from the Captain 

of the Port (COTP) or the COTP’s 

designated representative. Sector Los 

Angeles—Long Beach may be contacted 

on VHF–FM Channel 16 or (310) 521– 

3801. The general boating public will be 

notified prior to the enforcement of the 

temporary safety zone via Broadcast 

Notice to Mariners. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders (E.O.s) related to 

rulemaking. Below we summarize our 

analyses based on a number of these 

statutes and E.O.s, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

E.O.s 12866 (‘‘Regulatory Planning 

and Review’’) and 13563 (‘‘Improving 

Regulation and Regulatory Review’’) 

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 

including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and equity. 

E.O. 13563 emphasizes the importance 

of quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 13771 (‘‘Reducing Regulation and 

Controlling Regulatory Costs’’), directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 

We expect the economic impact of 

this rule will not rise to the level of 

necessitating a full Regulatory 

Evaluation. This safety zone is limited 

in size, duration and location, which 

will impact a specific area within the 

Marina Del Rey harbor. In addition, 

although this rule restricts access to the 

waters encompassed by the safety zone, 

the effect of this rule will not be 

significant because the local waterway 

users will be notified via public Local 

Notice to Mariners to ensure the safety 

zone will result in minimum impact. 

The entities most likely to be affected 

are waterfront facilities, commercial 

vessels, and pleasure craft engaged in 

recreational activities. 

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 E.O. 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 

E.O. 13132. 

Also, this rule does not have tribal 

implications under E.O. 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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded from further review under 

paragraph L60(a) of Section L of the 

Department of Homeland Security 

Instruction Manual 023–01–001–01 

(series). An environmental analysis 

checklist supporting this determination 

and Record of Environmental 


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67696 Federal Register / Vol. 83, No. 249 / Monday, December 31, 2018 / Rules and Regulations 

1The EDCAQMD adopted its 2017 RACT SIP on 

January 3, 2017. 

Consideration (REC) are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

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.T11–903 to read as 

follows: 

§ 165.T11–903 Safety Zone; Marina Del 

Rey Fireworks Event; Marina Del Rey, 

California. 

(a) Location. The following area is a 

safety zone: All navigable waters from 

the surface to the sea floor within a 500- 

foot radius around the fireworks launch 

site at the south jetty in approximate 

position: 33°57.760N 118°27.328W. 

These coordinates are based on North 

American Datum of 1983. 

(b) Definitions. For the purposes of 

this section: 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the COTP in the enforcement of the 

safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or her designated representative. 

(2) To seek permission to enter, hail 

Coast Guard Sector Los Angeles—Long 

Beach on VHF–FM Channel 16 or call 

at (310) 521–3801. Those in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or her designated representative. 

(d) Enforcement period. This duration 

of this rule is from 12:01 a.m. on 

December 31, 2018 through 1:01 a.m. on 

January 1, 2019 in Marina Del Rey 

harbor and will be enforced for the 

duration of two fireworks displays, 

respectively expected to commence at 

9:00 p.m. on December 31, 2018 and 

12:00 a.m. on January 1, 2019, with each 

display lasting for approximately 15 

minutes. No vessel or person would be 

permitted to operate in the safety zone 

without obtaining permission from the 

COTP or her designated representative. 

The safety zone will only be enforced 

during the specific dates scheduled for 

fireworks displays during this period. 

General boating public will be notified 

prior to the enforcement of the 

temporary safety zone via Broadcast 

Notice to Mariners. 

Dated: December 19, 2018. 

M.L. Rochester, 

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

Port, Los Angeles—Long Beach. 

[FR Doc. 2018–28355 Filed 12–28–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2018–0602; FRL–9988–52– 

Region 9] 

Air Plan Approval; California; El 

Dorado County Air Quality 

Management District; Reasonably 

Available Control Technology 

Demonstration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the El Dorado 

County Air Quality Management District 

(EDCAQMD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). This revision concerns the 

District’s demonstration regarding 

reasonably available control technology 

(RACT) requirements for the 2008 

8-hour ozone National Ambient Air 

Quality Standard (NAAQS) and negative 

declarations for several source 

categories. We are approving local SIP 

revisions to demonstrate that RACT is 

implemented as required under the 

Clean Air Act (CAA or ‘‘the Act’’). 

DATES: This rule is effective on January 

30, 2019. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2018–0602. 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 form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On October 9, 2018 (83 FR 50548), the 

EPA proposed to approve EDCAQMD’s 

‘‘Reasonably Available Control 

Technology (RACT) State 

Implementation Plan (SIP) Update 

Analysis Staff Report’’ (‘‘2017 RACT 

SIP’’), submitted to the EPA by the 

California Air Resources Board (CARB) 

on January 4, 2017,1 for approval as a 

revision to the California SIP. 

EDCAQMD’s January 3, 2017 2017 

RACT SIP also included negative 

declarations for several control 

techniques guidelines (CTG) source 

categories where the District certified 

that it had no sources subject to the CTG 

documents. The submittal also included 

EDCAQMD’s Resolution 002–2017, 

which approved the 2017 RACT SIP and 

certified the District has no major 

stationary sources of volatile organic 

compounds (VOC) or oxides of nitrogen 

(NOX). 

We proposed to approve the 2017 

RACT SIP and negative declarations 

because we determined that they 

complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the 

documents and our evaluation. 


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