31062 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

which this zone will be enforced via 

Broadcast Notice to Mariners in 

accordance with § 165.7. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP in the enforcement 

of the safety zone. 

(d) Regulations. (1) Under the general 

regulations in subpart C of this part, 

entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the COTP or the 

COTP’s designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or a designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone on VHF–23A or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: June 27, 2018. 

Anthony J. Ceraolo, 

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

Port, San Francisco. 

[FR Doc. 2018–14267 Filed 7–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0514] 

RIN 1625–AA00 

Safety Zone; Gulf Intracoastal 

Waterway, Lafitte, LA 

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 

Intracoastal Waterway in Lafitte, LA. 

The safety zone is necessary to protect 

persons, vessels, and the marine 

environment from potential hazards 

created by the Jean Lafitte Pirogue Race. 

Entry of persons or vessels into this 

zone is prohibited unless authorized by 

the Captain of the Port Sector New 

Orleans or a designated representative. 

DATES: This rule is effective from 11:30 

a.m. through 4 p.m. on July 21, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0514 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 Commander Howard 

Vacco, Sector New Orleans, U.S. Coast 

Guard; telephone 504–365–2281, email 

Howard.K.Vacco@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector New 

Orleans 

DHS Department of Homeland Security 

FR Federal Register 

MM Mile marker 

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)(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. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by July 21, 

2018 and 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 is contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with this boat 

race. 

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 New Orleans 

(COTP) has determined that potential 

hazards associated with a boat race on 

July 21, 2018, will be a safety concern 

for anyone within a one-mile section of 

the Gulf Intracoastal Waterway. Possible 

hazards include risks of injury or death 

from near or actual contact among 

participant vessels and mariners 

traversing through the safety zone. This 

rule is necessary to protect persons, 

vessels, and the marine environment 

during the race. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 11:30 a.m. through 4 

p.m. on July 21, 2018. This zone will 

encompass all navigable waters of the 

Gulf Intracoastal Waterway between 

mile markers (MMs) 12 and 13 west of 

the Harvey Locks in Lafitte, LA. The 

duration of the zone is intended to 

protect persons, vessels, and the marine 

environment during the race and will 

include breaks and opportunity for 

vessels to transit through the regulated 

area. 

No vessel or person will be permitted 

to enter the safety zone without 

obtaining permission from 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 New Orleans. 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 67 or by telephone at (504) 365– 

2200. 

A designated representative may be a 

Patrol Commander (PATCOM). The 

PATCOM may be aboard either a Coast 

Guard or Coast Guard Auxiliary vessel. 

The PATCOM may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM’’. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the COTP or a 

designated representative to patrol the 

zone. All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. 

Spectator vessels desiring to transit 

the zone may do so only with prior 

approval of the COTP or a designated 

representative and when so directed by 

that officer must be operated at a 

minimum safe navigation speed in a 


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Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31063 

manner that will not endanger any other 

vessels. No spectator vessel shall 

anchor, block, loiter, or impede the 

through transit of official patrol vessels 

in the zone during the effective date and 

times, unless cleared for entry by or 

through the COTP or a designated 

representative. Any spectator vessel 

may anchor outside the zone, but may 

not anchor in, block, or loiter in a 

navigable channel. Spectator vessels 

may be moored to a waterfront facility 

within the zone in such a way that they 

shall not interfere with the progress of 

the event. Such mooring must be 

complete at least 30 minutes prior to the 

establishment of the zone and remain 

moored through the duration of the 

event. 

The COTP or a designated 

representative may forbid and control 

the movement of all vessels in the zone. 

When hailed or signaled by an official 

patrol vessel, a vessel shall come to an 

immediate stop and comply with the 

directions given. Failure to do so may 

result in expulsion from the zone, 

citation for failure to comply, or both. 

The COTP or a designated 

representative may terminate the 

operation of any vessel at any time it is 

deemed necessary for the protection of 

life or property. The COTP or a 

designated representative will terminate 

enforcement of the safety zone at the 

conclusion of the event. 

The COTP or a designated 

representative will inform the public of 

the enforcement periods of this safety 

zone through Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (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 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 and duration of the 

temporary safety zone. This temporary 

safety zone covers a one-mile section of 

the Gulf Intracoastal Waterway for only 

four and a half hours on one day. 

Moreover, the Coast Guard will issue a 

BNMs via VHF–FM marine channel 16 

about the zone, breaks may provide an 

opportunity for vessels to transit 

through 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 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 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 


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31064 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

zone lasting only four and a half hours 

on one day that will prohibit entry 

within a one-mile stretch of the Gulf 

Intracoastal Waterway. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0514 to read as 

follows: 

§ 165.T08–0514 Safety Zone; Gulf 

Intracoastal Waterway, Lafitte, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Gulf Intracoastal Waterway, from mile 

markers (MMs) 12 to 13 west of the 

Harvey Locks, Lafitte, LA. 

(b) Effective period. This section is 

effective from 11:30 a.m. through 4 p.m. 

on July 21, 2018. 

(c) Enforcement periods. This section 

will be enforced during the effective 

period. However, breaks in the racing 

may occur during the enforcement 

periods, which will allow for vessels to 

pass through the safety zone. The 

Captain of the Port Sector New Orleans 

(COTP) or a designated representative 

will provide notice of breaks as 

appropriate under (e) Informational 

broadcasts. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry into this zone is prohibited unless 

authorized by the COTP or 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 New 

Orleans. They may be contacted on 

VHF–FM Channel 16 or 67 or by 

telephone at (504) 365–2200. A 

designated representative may be a 

Patrol Commander (PATCOM). The 

PATCOM may be aboard either a Coast 

Guard or Coast Guard Auxiliary vessel. 

The Patrol Commander may be 

contacted on Channel 16 VHF–FM 

(156.8 MHz) by the call sign 

‘‘PATCOM’’. 

(2) All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the COTP or a 

designated representative to patrol the 

regulated area. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the Patrol 

Commander and when so directed by 

that officer will be operated at a 

minimum safe navigation speed in a 

manner which will not endanger 

participants in the regulated area or any 

other vessels. 

(4) No spectator vessel shall anchor, 

block, loiter, or impede the through 

transit of participants or official patrol 

vessels in the regulated area during the 

effective dates and times, unless cleared 

for entry by or through an official patrol 

vessel. 

(5) Any spectator vessel may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. Spectator vessels may be 

moored to a waterfront facility within 

the regulated area in such a way that 

they shall not interfere with the progress 

of the event. Such mooring must be 

complete at least 30 minutes prior to the 

establishment of the regulated area and 

remain moored through the duration of 

the event. 

(6) The COTP or a designated 

representative may forbid and control 

the movement of all vessels in the 

regulated area. When hailed or signaled 

by an official patrol vessel, a vessel shall 

come to an immediate stop and comply 

with the directions given. Failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. 

(7) The COTP or a designated 

representative may terminate the event 

or the operation of any vessel at any 

time it is deemed necessary for the 

protection of life or property. 

(8) The COTP or a designated 

representative will terminate 

enforcement of the special local 

regulations at the conclusion of the 

event. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement through Local Notice to 

Mariners (LNMs), Broadcast Notices to 

Mariners (BNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: June 27, 2018. 

K.M. Luttrell, 

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

Port Sector New Orleans. 

[FR Doc. 2018–14244 Filed 7–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0423; FRL–9980– 

30—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Base Year Emissions 

Inventories for the Lebanon and 

Delaware County Nonattainment Areas 

for the 2012 Annual Fine Particulate 

Matter National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving two state 

implementation plan (SIP) revisions 

submitted by the Commonwealth of 

Pennsylvania. These revisions pertain to 

base year emission inventories for the 

Lebanon County and Delaware County 

nonattainment areas for the 2012 annual 

fine particulate national ambient air 

quality standard (NAAQS). The Clean 

Air Act (CAA) requires states to submit 

a comprehensive, accurate and current 

inventory of actual emissions from all 

sources of direct and secondary ambient 

fine particulate matter less than 2.5 

microns in diameter (PM2.5) for all PM2.5

nonattainment areas. EPA is approving 

these revisions in accordance with the 

requirements under Title I of the CAA. 

DATES: This final rule is effective on 

August 2, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 


sradovich on DSK3GMQ082PROD with RULES