Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29011 

District Commander‘s designated 

representative. 

(iii) During periods of enforcement, 

any vessel or person transiting through 

the safety zone must comply with all 

orders and directions from the District 

Commander or the District 

Commander’s designated representative. 

(d) Enforcement periods. This section 

will be subject to enforcement from 

noon on June 12, 2018, to 11:59 p.m. on 

June 17, 2018; from 6 a.m. on July 15, 

2018, to 11:59 p.m. on July 28, 2018, 

and at other times during the effective 

period of this rule when the COTP New 

York issues a notice of enforcement to 

be published in the Federal Register. In 

addition the COTP New York will 

provide notice by Broadcast Notice to 

Mariners, Local Notice to Mariners, or 

both, to announce whenever this section 

is subject to enforcement or whenever 

an announced enforcement period will 

be suspended. Violations of this 

regulation may be reported to the COTP 

New York at (718) 354–4353 or on VHFChannel 16. 

Dated: June 12, 2018. 

A.J. Tiongson, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2018–13441 Filed 6–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0531] 

RIN 1625–AA00 

Safety Zone; Unexploded Ordnance 

Detonation, Gulf of Mexico, 

Pensacola, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of the Gulf of 

Mexico near Fort Pickens in Pensacola, 

FL. This temporary safety zone is 

necessary to protect persons, vessels, 

and the marine environment from 

potential hazards associated with the 

detonation of unexploded ordnance. 

Entry into this zone is prohibited to all 

vessels and persons unless authorized 

by the Captain of the Port Sector Mobile 

or a designated representative. 

DATES: This rule is effective without 

actual notice from June 22, 2018 

through June 30, 2018. For purposes of 

enforcement, actual notice will be used 

from June 14, 2018 through June 22, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0531 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 Lieutenant Kyle D. Berry, Sector 

Mobile Waterways Management 

Division, U.S. Coast Guard; telephone 

251–441–5940, email Kyle.D.Berry@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Mobile 

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 final 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)(3)(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. It is impracticable to publish an 

NPRM because we must enforce this 

safety zone starting June 14, 2018 and 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. It is also contrary to the public 

interest as it would delay the safety 

measures necessary to protect persons, 

vessels, and the marine environment 

from the potential hazards associated 

with the detonation of unexploded 

ordnance. 

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 is contrary to public interest 

because it would delay the safety 

measures necessary to protect persons, 

vessels, and the marine environment 

from the potential hazards associated 

with the detonation of unexploded 

ordnance. 

The United States Army Corps of 

Engineers is conducting a Remedial 

Investigation/Feasibility Study for the 

Fort Pickens Munitions Response Site 

01—Range Complex, located in 

Escambia County, Florida. The site, 

which is located along the western tip 

of Santa Rosa Island and extends south 

into the Gulf of Mexico, was used for 

coastal defense from before the Civil 

War until after World War II. There is 

a potential that the marine investigation 

may encounter munitions that will 

require in-water detonation to address 

potential explosive hazards. The safety 

zone will encompass a 1,000 yard 

square area detonation area surrounded 

by a 1,200 yard buffer area. The United 

States Army Corps of Engineers will be 

responsible for the detonation of 

ordnance within the safety zone. 

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 Sector Mobile 

(COTP) has determined that potential 

hazards associated with the detonation 

of unexploded ordnance beginning on 

June 14, 2018 will be a safety concern 

for any vessels or persons on the Gulf 

of Mexico near Fort Pickens in 

Pensacola, FL. This rule is necessary to 

protect persons, vessels, and the marine 

environment from the potential hazards 

associated with the detonation of 

unexploded ordnance. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from June 14, 2018 through 

June 30, 2018. The safety zone will 

cover all navigable waters of the Gulf of 

Mexico within the approximate 

positions 30°17′47.65′′ N, 87°21′36.5′′ W; 

30°17′47.65′′ N, 87°19′39.8′′ W; 

30°16′6.35′′ N, 87°19′39.8′′ W; and 

30°16′6.35′′ N, 87°21′36.5′′ W near Fort 

Pickens in Pensacola, FL. The safety 

zone will encompass a 1,000 yard 

square area detonation area surrounded 

by a 1,200 yard buffer area. A chart 

depicting the area is included in the 

docket where indicated under 

ADDRESSES. 

The duration of this safety zone is 

intended to protect persons, vessels, and 

the marine environment, and will only 

be enforced if and when the detonation 

of unexploded ordnance is necessary. 

No person or vessel will be permitted to 

enter or transit within the safety zone 

during periods of enforcement unless 

authorized by the COTP or a designated 

representative. The periods of 


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29012 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 

enforcement will be one hour prior to, 

during, and after any ordnance 

exploding operations. The Coast Guard 

was informed that the operations would 

take place during daylight hours only. A 

law enforcement vessel will coordinate 

all vessel traffic during the enforcement 

periods. The COTP or a designated 

representative will inform the public 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) at least 3 

hours in advance of each enforcement 

period. 

Entry into the temporary safety zone 

is prohibited unless authorized by the 

COTP or a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Mobile. Vessels requiring 

entry into this safety zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM channel 16 or by 

telephone at 251–441–5976. The COTP 

or a designated representative will 

inform the public of the enforcement 

periods of this safety zone through 

BNMs, LNMs, and/or MSIBs as 

appropriate. 

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 protectors. 

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 determination is 

based on the size, location, and duration 

of the temporary safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone which would 

impact a small designated area of the 

Gulf of Mexico only as necessary for the 

detonation of ordnance during a two 

and half week period. Moreover, the 

Coast Guard will issue a BNMs 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 

temporary safety zone may be small 

entities, for the reasons stated in section 

V.A above, this rule will not have a 

significant economic impact on any 

vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

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 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 

temporary safety zone that will prohibit 

entry on a small designated area of the 

Gulf of Mexico near Fort Pickens in 

Pensacola, FL only as necessary for the 

detonation of ordnance. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 


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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations 29013 

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 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.T08–0531 to read as 

follows: 

§ 165.T08–0531 Safety Zone; Unexploded 

Ordnance Detonation, Gulf of Mexico, 

Pensacola, FL. 

(a) Location. The following area is a 

safety zone: All navigable waters on the 

Gulf of Mexico within the approximate 

positions 30°17′47.65′′ N, 87°21′36.5′′ W; 

30°17′47.65′′ N, 87°19′39.8′′ W; 

30°16′6.35′′ N, 87°19′39.8′′ W; and 

30°16′6.35′′ N, 87°21′36.5′′ W near Fort 

Pickens in Pensacola, FL. 

(b) Effective dates. This section is 

effective without actual notice from 

June 22, 2018 through June 30, 2018. 

For purposes of enforcement, actual 

notice will be used from June 14, 2018 

through June 22, 2018. 

(c) Enforcement periods. This section 

will be enforced during the effective 

period one hour prior to, during, and 

after any ordnance exploding 

operations. The operations will take 

place during daylight hours only. The 

Captain of the Port Sector Mobile 

(COTP) or a designated representative 

will inform the public through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs) at least 3 hours in advance of 

each enforcement period. A law 

enforcement vessel will coordinate all 

vessel traffic during the enforcement 

periods. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry into this zone is prohibited unless 

authorized by the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Mobile. 

(2) Persons or vessels seeking to enter 

into or transit through the zone must 

request permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM channel 16 or by 

telephone at 251–441–5976. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement periods of this safety zone 

through BNMs, LNMs, and/or MSIBs as 

appropriate. 

Dated: June 6, 2018. 

M.R. McLellan, 

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

Port Sector Mobile. 

[FR Doc. 2018–13433 Filed 6–21–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 170 

[EPA–HQ–OPP–2011–0184; FRL–9979–50] 

RIN 2070–AJ22 

Pesticides; Agricultural Worker 

Protection Standard; Notification of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of availability. 

SUMMARY: EPA is announcing the 

availability of training materials 

covering the expanded training content 

required by the Federal Insecticide, 

Fungicide and Rodenticide Act Worker 

Protection Standard (WPS) for both 

agricultural workers and pesticide 

handlers. The publication of this 

notification of availability triggers the 

WPS requirement that training programs 

must include all of the topics specified 

in the 2015 revisions to the WPS. 

DATES: Training programs must include 

all of the topics specified in 40 CFR 

170.401(c)(3)(i)–(xxiii) and 

170.501(c)(3)(i)–(xiv) no later than 

December 19, 2018. 

FOR FURTHER INFORMATION CONTACT: EPA 

is not requesting, and does not expect to 

receive, comments on this notification 

of availability. Questions should be 

directed to: Jennifer Park, Field and 

External Affairs Division (7506P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (703) 347–0121; 

email address: Park.Jennifer@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you work in or employ 

persons working in crop production 

agriculture where pesticides are 

applied. The following list of North 

American Industrial Classification 

System (NAICS) codes is not intended 

to be exhaustive, but rather provides a 

guide to help readers determine whether 

this document applies to them. 

Potentially affected entities may 

include: 

• Agricultural Establishments (NAICS 

code 111000), e.g., establishments or 

persons, such as farms, orchards, groves, 

greenhouses, and nurseries, primarily 

engaged in growing crops, plants, vines, 

or trees and their seeds. 

• Nursery and Tree Production 

(NAICS code 111421), e.g., 

establishments or persons primarily 

engaged in (1) growing nursery 

products, nursery stock, shrubbery, 

bulbs, fruit stock, sod, and so forth, 

under cover or in open fields and/or (2) 

growing short rotation woody trees with 

a growth and harvest cycle of 10 years 

or less for pulp or tree stock. 

• Timber Tract Operations (NAICS 

code 113110), e.g., establishments or 

persons primarily engaged in the 

operation of timber tracts for the 

purpose of selling standing timber. 

• Forest Nurseries and Gathering of 

Forest Products (NAICS code 113210), 

e.g., establishments or persons primarily 

engaged in (1) growing trees for 

reforestation and/or (2) gathering forest 

products, such as gums, barks, balsam 

needles, rhizomes, fibers, Spanish moss, 

ginseng, and truffles. 

• Farm Workers (NAICS codes 11511, 

115112, and 115114), e.g., 

establishments or persons primarily 

engaged in providing support activities 

for growing crops; establishments or 

persons primarily engaged in 

performing a soil preparation activity or 

crop production service, such as 

plowing, fertilizing, seed bed 


daltland on DSKBBV9HB2PROD with RULES