Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 38031 

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 

regulated navigation area lasting less 

than 3 days that will restrict vessel 

speed between the I–90 floating bridge 

and a line drawn perpendicular from 

Bailey Peninsula to Mercer Island. It is 

categorically excluded from further 

review under 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. 

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.T13–0027 to read as 

follows: 

§ 165.T13–0027 Regulated Navigation 

Area; Lake Washington; Seattle, WA. 

(a) Location. The following area is a 

regulated navigation area: The waters of 

Lake Washington bounded by the 

Interstate 90 (Mercer Island/Lacey V. 

Murrow) Bridge, the western shore of 

Lake Washington, and the east/west line 

drawn tangent to Bailey Peninsula and 

along the shoreline of Mercer Island. 

(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 Puget Sound (COTP) in the 

enforcement of the regulated navigation 

zone. 

(c) Regulations. All vessels and 

persons transiting this regulated 

navigation area shall proceed at a speed 

which creates minimum wake, 7 miles 

per hour or less. 

(d) Enforcement periods. This section 

will be enforced from 8 p.m. to 8 a.m. 

daily from August 3, 2018, through 

August 4, 2018 and from 8 p.m. to 11:59 

p.m. on August 5, 2018. 

Dated: July 31, 2018. 

D.G. Throop, 

RADM, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2018–16683 Filed 8–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0614] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, Shark 

River, Neptune, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Shark River off Neptune, 

NJ, from 8:30 p.m. through 9:30 p.m. on 

August 4, 2018, during the Neptune 

National Night Out Fireworks Display. 

The safety zone is necessary to ensure 

the safety of participant vessels, 

spectators, and the boating public 

during the event. This regulation 

prohibits persons and non-participant 

vessels from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port (COTP) 

Delaware Bay or a designated 

representative. 

DATES: This rule is effective from 8:30 

p.m. through 9:30 p.m. on August 4, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0614 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 MST1 Edmund Ofalt, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division; telephone (215) 

271–4814, email Edmund.J.Ofalt@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFRFR Code of Federal Regulations 

DHSFR Department of Homeland Security 

FR Federal Register 


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38032 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 

NPRMFR 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)(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 to do so. There is insufficient 

time to allow for a reasonable comment 

period prior to the date of the event. The 

rule must be in force by August 4, 2018, 

to serve its purpose of ensuring the 

safety of spectators and the general 

public from hazards associated with the 

fireworks display. Hazards include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. 

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 and 

contrary to the public interest because 

immediate action is needed to mitigate 

the potential safety hazards associated 

with a fireworks display in this location. 

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 Delaware Bay 

(COTP) has determined that potential 

hazards associated with the fireworks 

display on August 4, 2018, will be a 

safety concern for anyone within a 100- 

yard radius of the fireworks barge, 

which will be anchored in approximate 

position 40°11′ 32.08′′ N, 074°01′ 53.06′′ 

W. This rule is needed to protect 

persons, vessels and the public within 

the safety zone during the fireworks 

display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 8:30 p.m. through 9:30 

p.m. on August 4, 2018, on the waters 

of Shark River off Neptune, NJ, during 

a fireworks display from a barge. The 

event is scheduled to take place at 

approximately 8:45 p.m. on August 4, 

2018. The safety zone will extend 100 

yards around the barge, which will be 

anchored at approximate position 40°11′ 

32.08′′ N, 074°01′53.06′′ W. No person or 

vessel will be permitted to enter, transit 

through, anchor in, or remain within the 

safety zone without obtaining 

permission from the COTP Delaware 

Bay or a designated representative. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the COTP Delaware 

Bay or a designated representative, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP Delaware Bay 

or a designated representative. The 

Coast Guard will provide public notice 

of the safety zone by Broadcast Notice 

to Mariners, and by on-scene actual 

notice from designated representatives. 

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. 

The rule is not a significant regulatory 

action for the following reasons: (1) 

Although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the COTP Delaware 

Bay or a designated representative, they 

may operate in the surrounding area 

during the enforcement period; (2) 

persons and vessels will still be able to 

enter, transit through, anchor in, or 

remain within the regulated area if 

authorized by the COTP Delaware Bay 

or a designated representative; and (3) 

the Coast Guard will provide advance 

notification of the safety zone to the 

local maritime community by Broadcast 

Notice to Mariners, or by on-scene 

actual notice from designated 

representatives. 

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 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 


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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Rules and Regulations 38033 

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 

zone that will prohibit persons and 

vessels from entering, transiting 

through, anchoring in, or remaining 

within a limited area on the navigable 

water in the Shark River, for 

approximately one hour. This rule 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 

(REC) 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.T05-0614 to read as 

follows: 

§ 165.T05–0614 Safety Zone; Fireworks, 

Shark River, Neptune, NJ. 

(a) Location. The following area is a 

safety zone: All waters of the Shark 

River off of Neptune, NJ, within 100 

yards of the barge anchored in position 

40°11′32.08′′ N, 074°01′53.06′′ W. All 

coordinates are based on Datum NAD 

1983. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port (COTP), Delaware Bay 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 the COTP’s designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or 215–271–4807. Those in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(3) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

Federal, State, and local agencies. 

(e) Enforcement period. This zone 

will be enforced from 8:30 p.m. through 

9:30 p.m. on August 4, 2018. 

Dated: July 30, 2018. 

S.E. Anderson, 

Captain, U.S. Coast Guard Captain of the 

Port Delaware Bay. 

[FR Doc. 2018–16620 Filed 8–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R07–OAR–2017–0734; FRL 9981–29- 

Region 7] 

Air Plan Approval and Air Quality 

Designation; MO; Redesignation of the 

Missouri Portion of the St. Louis 

Missouri-Illinois Area to Attainment of 

the 1997 Annual Standards for Fine 

Particulate Matter and Approval of 

Associated Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: On January 5, 2018, the 

Environmental Protection Agency (EPA) 

published in the Federal Register an 

advanced notice of proposed 

rulemaking (ANPR) specifically 

requesting early input and comments on 

the Agency’s interpretation that air 

quality monitoring data from 2015–2017 

support a finding that the Missouri 

Portion of the St. Louis nonattainment 

area attains the 1997 Annual National 

Ambient Air Quality Standards 

(NAAQS) for fine particulate matter 

(PM2.5). The notice also provided an 

evaluation of Missouri’s 1997 Annual 

PM2.5 NAAQS maintenance plan, which 

includes the 2008 and 2025 NOX and 

PM2.5 motor vehicle emission budgets 

(MVEBs) and established the 2008 base 

year emissions inventory. EPA received 

no comments on the ANPR. EPA is now 

taking direct final action on three items, 

consistent with the ANPR. First, EPA is 

approving the state’s request to 

redesignate the Missouri portion of the 

St. Louis MO–IL nonattainment area to 

attainment for the 1997 Annual PM2.5

NAAQS as the monitoring values 

demonstrate the area attains the 

standard. Second, EPA is approving the 

state implementation plan (SIP) revision 

containing a maintenance plan for the 


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