33842 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations 

issuing its approval, the OMB issued 

clearance terms providing the 

previously approved versions of these 

forms will remain in effect until further 

notice. See ICR Reference Number 

201604–1245–001. 

As the rule still requires an 

information collection, the Department 

is submitting, contemporaneous with 

the publication of this document, an 

information collection request (ICR) to 

revise the PRA clearance to address the 

clearance term. A copy of this ICR, with 

applicable supporting documentation, 

including among other things a 

description of the likely respondents, 

proposed frequency of response, and 

estimated total burden may be obtained 

free of charge from the RegInfo.gov 

website at https://www.reginfo.gov/ 

public/do/PRAViewICR?ref_

nbr=201710-1245-001 (this link will 

only become active on the day following 

publication of this document) or from 

the Department by contacting Andrew 

Davis on 202–693–0123 (this is not a 

toll-free number) / email: OLMS-Public@

dol.gov. 

Type of Review: Revision of a 

currently approved collection. 

Agency: Office of Labor-Management 

Standards. 

Title: Labor Organization and 

Auxiliary Reports. 

OMB Number: 1245–0003. 

Affected Public: Private Sector— 

businesses or other for-profits and notfor-profit institutions. 

Total Estimated Number of 

Respondents: 2,488,213. 

Number of Annual Responses: 

2,488,528. 

Frequency of Response: Varies. 

Estimated Total Annual Burden 

Hours: 6,362,032. 

Estimated Total Annual Other Burden 

Cost: $0. 

VIII. Regulatory Impact 

A. Unfunded Mandates Reform 

This rule does not include any 

Federal mandate that may result in 

increased expenditures by State, local, 

and tribal governments, in the aggregate, 

of $100 million or more, or in increased 

expenditures by the private sector of 

$100 million or more. 

B. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of the United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 29 CFR Parts 405 and 

406 

Labor management relations, 

Reporting and recordkeeping 

requirements. 

Text of Rule 

Accordingly, for the reasons provided 

above, the Department amends parts 405 

and 406 of title 29, chapter IV of the 

Code of Federal Regulations as set forth 

below: 

PART 405—EMPLOYER REPORTS 

■ 1. The authority citation for part 405 

continues to read as follows: 

Authority: Secs. 203, 207, 208, 73 Stat. 

526, 529 (29 U.S.C. 433, 437, 438); 

Secretary’s Order No. 03–2012, 77 FR 69376, 

November 16, 2012. 

§ 405.5 [Amended] 

■ 2. Amend § 405.5 by removing the 

phrase ‘‘the instructions for Part A of 

the Form LM–10’’ and adding in its 

place ‘‘the second paragraph under the 

instructions for Question 8A of Form 

LM–10’’. 

§ 405.7 [Amended] 

■ 3. Amend § 405.7 by removing the 

phrase ‘‘Part D of the Form LM–10’’ and 

adding in its place ‘‘Question 8C of 

Form LM–10’’. 

PART 406—REPORTING BY LABOR 

RELATIONS CONSULTANTS AND 

OTHER PERSONS, CERTAIN 

AGREEMENTS WITH EMPLOYERS 

■ 4. The authority citation for part 406 

continues to read as follows: 

Authority: Secs. 203, 207, 208, 73 Stat. 

526, 529 (29 U.S.C. 433, 437, 438); 

Secretary’s Order No. 03–2012, 77 FR 69376, 

November 16, 2012. 

■ 5. Amend § 406.2(a) by revising the 

last two sentences of the paragraph to 

read as follows: 

§ 406.2 Agreement and activities report. 

(a) * * * The report shall be filed 

within 30 days after entering into an 

agreement or arrangement of the type 

described in this section. If there is any 

change in the information reported 

(other than that required by Item C. 10, 

(c) of the Form), it must be filed in a 

report clearly marked ‘‘Amended 

Report’’ within 30 days of the change. 

* * * * * 

Signed in Washington, DC, this 9th day of 

July, 2018. 

Arthur F. Rosenfeld, 

Director, Office of Labor-Management 

Standards. 

[FR Doc. 2018–14948 Filed 7–17–18; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0914] 

RIN 1625–AA00 

Safety Zone; Taylor Bayou Turning 

Basin, Port Arthur, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the upper reaches of Taylor Bayou 

Turning Basin in Port Arthur, TX. This 

action is necessary to provide protection 

for the levee and temporary protection 

wall located at the north end of the 

turning basin until permanent repairs 

can be effected. This regulation 

prohibits persons and vessels from 

entering the safety zone unless 

authorized by the Captain of the Port 

Marine Safety Unit Port Arthur (COTP) 

or a designated representative. 

DATES: This rule is effective without 

actual notice from July 18, 2018 through 

January 31, 2023. For the purposes of 

enforcement, actual notice will be used 

from July 11, 2018 through July 18, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0914 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 Mr. Scott Whalen, Marine Safety 

Unit Port Arthur, U.S. Coast Guard; 

telephone 409–719–5086, email 

scott.k.whalen@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Marine Safety 

Unit Port Arthur 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 


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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations 33843 

1See the temporary final rule titled Safety Zone; 

Taylor Bayou Turning Basin, Port Arthur, TX, 

Docket No. USCG–2017–0797 (83 FR 4843). 

§ Section 

USACE U.S. Army Corps of Engineers 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On August 14, 2017, the Coast Guard 

established a temporary safety zone for 

the upper reaches of Taylor Bayou Basin 

in Port Arthur, TX.1 That emergency 

action was necessary to protect the 

damaged flood protection levee and 

bulkhead during stabilization efforts. 

The U. S. Army Corps of Engineers 

(USACE) and the local drainage district 

initiated and completed emergency 

repairs to protect against potential storm 

surge during hurricane season. 

Permanent repairs to the flood 

protection wall are now necessary. They 

are extensive and expected to take 

approximately five to seven years. 

Damage to the temporary repairs would 

make the surrounding community 

susceptible to flooding during storm 

surge or extreme tide events that may 

endanger persons and property in the 

surrounding community. The USACE 

has requested, and the Coast Guard 

concurs, that protection measures must 

be instituted until permanent repairs are 

completed. 

On April 16, 2018, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Taylor Bayou Turning Basin, Port 

Arthur, TX (83 FR 16267). There we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to this 

temporary safety zone. During the 

comment period that ended on June 15, 

2018, we received one comment. 

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 be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with repairs of the flood 

protection wall. 

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 Marine Safety Unit 

Port Arthur (COTP) has determined that 

potential hazards associated with the 

condition of the flood protection wall 

will be safety concern until permanent 

repairs can be effected. Potential 

damage to the temporary repairs would 

make the surrounding community 

susceptible to flooding during storm 

surge or extreme tide events that may 

endanger persons and property in the 

surrounding community. The purpose 

of this rule is to ensure the safety of the 

surrounding community and to protect 

persons, vessels, and the environment 

during permanent repairs to the Taylor 

Bayou Turning Basin flood protection 

wall. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received one 

comment on our NPRM published on 

April 16, 2018, which was in support of 

the proposed rule. We also updated the 

regulatory text of this rule from the 

proposed rule in the NPRM to reflect the 

date of signature as the start of the 

enforcement period. 

This rule establishes a temporary 

safety zone for navigable waters of 

Taylor Bayou Turning Basin north of 

latitude 29° 50′57.45′ N until January 

31, 2023. These coordinates are based 

on WGS 84. The duration of the zone is 

intended to ensure the safety of persons, 

vessels, and the environment until 

permanent repairs to the flood 

protection system are completed. This 

section will be enforced from July 11, 

2018 through January 31, 2023. No 

person or vessel is permitted to enter 

the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

As used in this section, a designated 

representative means a Coast Guard 

coxswain, officer or petty officer, or a 

federal, state or local officer designated 

by or assisting the COTP in the 

enforcement of the safety zone. To 

request permission to enter, contact 

COTP or a designated representative on 

VHF–FM channel 16, or contact Vessel 

Traffic Service (VTS) Port Arthur on 

VHF–FM channel 65A or by telephone 

at 409–719–5070. Those persons or 

vessels permitted to enter the safety 

zone must comply with all lawful 

directions given by 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 entities 

impacted by the safety zone. The safety 

zone affects approximately 350-yards of 

Taylor Bayou Turning Basin north of 

latitude 29° 50′57.45′ N. A facility 

receives vessels within this zone and 

that facility would be permitted to 

receive vessels based on previously 

agreed to maneuvering calculations and 

plans. 

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 

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 (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 


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33844 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations 

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. 

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 

establishing a temporary safety zone 

that would prohibit persons and vessels 

from entering the upper reaches of 

Taylor Bayou Turning Basin unless 

authorized by the COTP or a designated 

representative. 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. 0170.2. 

■ 2. Add § 165.T08–0914 to read as 

follows: 

§ 165.T08–0914 Safety Zone; Taylor Bayou 

Turning Basin, Port Arthur, TX. 

(a) Location. The following area is a 

safety zone: Navigable waters of Taylor 

Bayou Turning Basin north of latitude 

29°50′57.45′ N. These coordinates are 

based on WGS 84. 

(b) Definition. As used in this section, 

a designated representative means a 

Coast Guard coxswain, officer or petty 

officer, or a federal, state or local officer 

designated by or assisting the Captain of 

the Port Marine Safety Unit Port Arthur 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in § 165.23 of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or a designated representative. 

(2) To request permission to enter, 

contact COTP or a designated 

representative on VHF–FM channel 16, 

or contact Vessel Traffic Service (VTS) 

Port Arthur on VHF–FM channel 65A or 

by telephone at 409–719–5070. Those 

persons or vessels permitted to enter the 

safety zone must comply with all lawful 

directions given by the COTP or a 

designated representative. 

(d) Enforcement date. This rule is 

effective without actual notice from July 

18, 2018 through January 31, 2023. For 

the purposes of enforcement, actual 

notice will be used from July 11, 2018 

through July 18, 2018. 

Dated: July 11, 2018. 

Jacqueline Twomey, 

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

Port Marine Safety Unit Port Arthur. 

[FR Doc. 2018–15295 Filed 7–17–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0164; FRL–9980– 

92—Region 5] 

Air Plan Approval; Ohio; Ohio NSR 

PM2.5 Precursors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), revisions to Ohio’s 

state implementation plan (SIP) as 

requested by the Ohio Environmental 

Protection Agency (OEPA) on March 10, 

2017, and supplemented on July 18, 

2017. The revisions to Ohio’s SIP 

implement certain EPA regulations for 

particulate matter smaller than 2.5 

micrometers (PM2.5) for nonattainment 

areas by establishing definitions related 

to PM2.5 and defining PM2.5 precursors. 

The revisions also incorporate the 

findings of a comprehensive precursor 

demonstration performed by OEPA, 

which determined that volatile organic 

compounds (VOC) and ammonia (NH3) 

are an insignificant source of PM2.5 for 

the purpose of new source review in 

nonattainment areas in Ohio. 

DATES: This final rule is effective on 

August 17, 2018. 


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