35442 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

section 3(a) and section 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, the proposed 

rule meets the relevant standards of 

Executive Order 12988. 

J. Treasury and General Government 

Appropriations Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516 note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. 

OMB’s guidelines were published at 

67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed this proposed rule under the 

OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

K. Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001) requires Federal agencies to 

prepare and submit to the OMB, a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgated or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

DOE has determined that this 

regulatory action would not have a 

significant adverse effect on the supply, 

distribution, or use of energy, and 

therefore is not a significant energy 

action. The proposed rule would 

provide for the publication of DOE’s 

Standard Sales Provisions on the SPR 

website. DOE concluded, as discussed 

elsewhere in the preamble for this 

proposed rule, that this proposed rule 

would encourage increased 

participation by the private sector in 

future sales of petroleum from the SPR, 

by reducing the opportunity cost to 

participate in such sales. This increased 

participation would allow for greater 

diversity and competition in sales of 

SPR petroleum from the SPR, including 

increased participation by small entities 

as well as larger industry participants. 

This increased participation, however, 

is not expected to have a significant 

adverse effect on the supply, 

distribution, or use of energy because 

increased participation in the bidding 

process does not change the quantity of 

SPR petroleum offered or delivered. 

Accordingly, DOE has not prepared a 

Statement of Energy Effects. 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

the publication of this proposed rule. 

List of Subjects in 10 CFR Part 625 

Government contracts, Oil and gas 

reserves, Strategic and critical materials. 

Signed in Washington, DC, on July 19, 

2018. 

Steven E. Winberg, 

Assistant Secretary, Office of Fossil Energy. 

For the reasons stated in the 

preamble, DOE proposes to amend part 

625, chapter II of title 10, Code of 

Federal Regulations as set forth below: 

PART 625—PRICE COMPETITIVE 

SALE OF STRATEGIC PETROLEUM 

RESERVE PETROLEUM 

■ 1. The authority citation for part 625 

continues to read as follows: 

Authority: 15 U.S.C 761; 42 U.S.C. 7101; 

42 U.S.C. 6241. 

■ 2. Section 625.4 is revised to read as 

follows: 

§ 625.4 Publication of the Standard Sales 

Provisions. 

(a) Publication. The Standard Sales 

Provisions shall be published on the 

U.S. Department of Energy Strategic 

Petroleum Reserve website (https://

www.energy.gov/fe/services/petroleumreserves/strategic-petroleum-reserve). 

(b) Revisions of the Standard Sales 

Provisions. The Standard Sales 

Provisions shall be reviewed on a 

continuous basis and republished on the 

Department of Energy Strategic 

Petroleum Reserve website. Notification 

of revisions of the Standard Sales 

Provisions shall be made in the Federal 

Register and sent to existing registered 

users in the SPR sales system. 

(c) Notification of applicable clauses. 

The Notice of Sale will specify, by 

referencing the Department of Energy 

Strategic Petroleum Reserve website, 

which contractual terms and conditions 

and contractor financial and 

performance responsibility measures 

contained or described therein are 

applicable to that particular sale. 

Appendix A to Part 625 [Removed] 

■ 3. Appendix A to part 625 is removed. 

[FR Doc. 2018–15902 Filed 7–25–18; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0232] 

RIN 1625–AA00 

Safety Zone; Blue Angels Air Show; St. 

Johns River, Jacksonville, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

waters of the St. Johns River in the 

vicinity of Naval Air Station (NAS) 

Jacksonville, Florida during the Blue 

Angels Air Show. This proposed 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port (COTP) Jacksonville or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 27, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0232—using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Junior Grade Emily Sysko, Chief, 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules 35443 

Waterways Management Division, U.S. 

Coast Guard; telephone 904–714–7616, 

email Emily.t.sysko@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On May 18, 2018, NAS Jacksonville 

submitted a marine event application to 

the Coast Guard for the Blue Angels Air 

Show that will take place from October 

26, 2018 through October 28, 2018. The 

air show will consist of various flight 

demonstrations over the St. Johns River 

in vicinity of NAS Jacksonville. Over 

the years, there have been unfortunate 

instances of aircraft mishaps that 

involved crashing during performances 

at various air shows around the world. 

Occasionally, these incidents result in a 

wide area of scattered debris in the 

water that can damage property or cause 

significant injury or death to the public 

observing the air shows. The Captain of 

the Port (COTP) Jacksonville has 

determined that a safety zone is 

necessary to protect the general public 

from hazards associated with aerial 

flight demonstrations. 

The purpose of the rulemaking is to 

ensure the safety of vessels and persons 

during the air show on the navigable 

waters of the St. Johns River in vicinity 

of NAS Jacksonville, Florida. The Coast 

Guard proposes this rulemaking under 

authority in 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

safety zone daily from 8:00 a.m. until 

5:00 p.m. on October 26, 2018 through 

October 28, 2018. The safety zone will 

encompass all waters within an area 

approximately three quarters of a mile 

parallel to the shoreline, and one mile 

out into the St. Johns River in 

Jacksonville, FL. The duration of the 

zone is intended to ensure the safety of 

the public on these navigable waters 

during the aerial flight demonstrations. 

No vessel or person would be permitted 

to enter the safety zone without 

obtaining permission from the COTP or 

a designated representative. The 

regulatory text we are proposing appears 

at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

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-day of the safety zone. 

Vessel traffic would be able to safely 

transit around this safety zone which 

would impact a small designated area of 

the St. Johns River for nine hours on 

each of the three days the air show is 

occurring. Moreover, the Coast Guard 

would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule would 

allow 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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed 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. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 


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35444 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Proposed Rules 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed 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 made a 

preliminary determination 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 proposed rule 

involves a safety zone lasting nine hours 

daily that would prohibit persons and 

vessels from entering an area of 

approximately one square mile. 

Normally such actions are 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 preliminary Record 

of Environmental Consideration 

supporting this determination is 

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 

proposed 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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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 proposes to 

amend 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.T07–0232 to read as 

follows: 

§ 165.T07–0232 Safety Zone; Blue Angels 

Air Show; St. Johns River, Jacksonville, FL. 

(a) Location. The following area is a 

safety zone: All waters of the St. Johns 

River, from surface to bottom, 

encompassed by a line connecting the 

following points beginning at 30°13′41′′ 

N; 081°39′45′′ W, thence due east to, 

30°13′41′′ N; 081°38′35′′ W, thence south 

to 30°14′27′′ N; 081°38′35′′ W, thence 

west to 30°14′27′′ N; 081°39′45′′ W, and 

thence along the shore line back to the 

beginning point. These coordinates are 

based on North American Datum 1983. 

(b) Definitions. As used in 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 Captain of 

the Port Jacksonville (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Jacksonville or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Jacksonville by telephone at (904) 714– 

7557, or a designated representative via 

VHF–FM radio on channel 16, to 

request authorization. If authorization is 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Jacksonville or a designated 

representative 

(3) The Coast Guard will provide 

notice of the regulated area through 

Broadcast Notice to Mariners via VHF– 

FM channel 16 or by on-scene 

designated representatives. 

(d) Enforcement period. This section 

will be enforced daily from 8 a.m. until 

5:00 p.m. on October 26, 2018 through 

October 28, 2018. 

Dated: July 19, 2018 

T.C. Wiemers, 

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

Port Jacksonville. 

[FR Doc. 2018–15975 Filed 7–25–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2018–0020; FRL–9981– 

24—Region 4] 

Air Plan Approval; NC: Inspection and 

Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of North 

Carolina on November 17, 2017, through 

the North Carolina Department of 

Environmental Quality (DEQ), Division 

of Air Quality (DAQ), for the purpose of 

removing 26 counties from North 

Carolina’s expanded inspection and 

maintenance (I/M) program, which was 

previously approved into the SIP for use 

as a component of the State’s Nitrogen 

Oxides (NOX) Budget and Allowance 

Trading Program. EPA has evaluated 

whether this SIP revision would 

interfere with the requirements of the 

Clean Air Act (CAA or Act), including 

EPA regulations related to statewide 

NOX emissions budgets. EPA is 


sradovich on DSK3GMQ082PROD with PROPOSALS