Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations 38257 

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.T05–0615 to read as 

follows: 

§ 165.T05–0615 Safety Zone; Fireworks, 

Little Egg Harbor, Long Beach, NJ. 

(a) Location. The following area is a 

safety zone: all waters of Little Egg 

Harbor off Long Beach, NJ, within 200 

yards of the barge anchored in position 

39°37′08.34′′ N, 074°12′25.60′′ 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 approximately 

8:30 p.m. through 9:30 p.m. on August 

7, 2018. 

Dated: July 31, 2018. 

S.E. Anderson, 

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

Port Delaware Bay. 

[FR Doc. 2018–16694 Filed 8–3–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0692] 

Safety Zones; Annual Events 

Requiring Safety Zones in the Captain 

of the Port Lake Michigan Zone— 

Menominee Waterfront Festival 

Fireworks 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone on Green Bay in 

Menominee, MI. This action is 

necessary and intended to protect the 

safety of life and property on navigable 

waters before, during, and immediately 

after a shore based firework display. 

During the enforcement period listed 

below, vessels and persons are 

prohibited from transiting through, 

mooring, or anchoring within this safety 

zone without approval from the Captain 

of the Port Lake Michigan or his or her 

designated representative. 

DATES: The regulations in 33 CFR 

165.929(f)(7) will be enforced from 9:30 

p.m. through 10 p.m. on August 4, 2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MSTC 

Kaleena Carpino, Marine Event 

Coordinator, U.S. Coast Guard Sector 

Lake Michigan; telephone 414–747– 

7148, email D09-SMBSECLakeMichigan-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone; 

Waterfront Festival Fireworks listed as 

item (f)(7) in Table 165.929 of 33 CFR 

165.929. Section 165.929 lists annual 

events requiring safety zones in the 

Captain of the Port Lake Michigan zone. 

This safety zone will encompass all 

waters of Green Bay within an 1,000 

foot radius from approximate launch 

position at 45°06.040 N 087°36.054 W 

(NAD, 83). This safety zone will be 

enforced from 9:30 p.m. through 10 p.m. 

on August 4, 2018. 

Pursuant to 33 CFR 165.929, entry 

into, transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Lake 

Michigan, or his or her designated onscene representative. Those seeking 

permission to enter the safety zone may 

request permission from the Captain of 

Port Lake Michigan via Channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Lake Michigan or his or her 

designated representative. While within 

a safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.929, 

Safety Zones; Annual events requiring 

safety zones in the Captain of the Port 

Lake Michigan zone, and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via Broadcast Notice to Mariners 

and Local Notice to Mariners. The 

Captain of the Port Lake Michigan or his 

or her designated on-scene 

representative may be contacted via 

VHF Channel 16 or at (414) 747–7182. 

Dated: July 24, 2018. 

Thomas J. Stuhlreyer, 

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

Port Lake Michigan. 

[FR Doc. 2018–16756 Filed 8–3–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0194] 

RIN 1625–AA00 

Safety Zone; Philippine Sea, Tinian 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters off of Chulu and Babui 

beaches in Tinian. The Coast Guard 

believes this safety zone is necessary to 

protect all divers participating in this 


sradovich on DSK3GMQ082PROD with RULES
38258 Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations 

underwater military exercise from 

potential safety hazards associated with 

vessel traffic in the area. This safety 

zone will prohibit persons and vessels 

not involved in the exercise from being 

in the safety zone unless authorized by 

the Captain of the Port Guam (COTP) or 

a designated representative. 

DATES: This rule is effective from 5 p.m. 

on September 10, 2018, to 5 a.m. on 

September 11, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0194 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 Chief Todd Wheeler, Sector Guam 

Waterways Management Division, U.S. 

Coast Guard; telephone 671–355–4866, 

email WWMGuam@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 Information and 

Regulatory History 

The purpose of this rulemaking is to 

ensure the safety of divers in the water 

during an underwater military exercise 

in support of the biennial Exercise 

Valiant Shield from 5 p.m. on 

September 10, 2018 to 5 a.m. on 

September 11, 2018. 

In response, on May 1, 2018, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Philippine Sea, Tinian (83 FR 19025– 

19026). There, we stated why we issued 

the NPRM and requested comments on 

our proposed regulatory action related 

to this safety zone. During the comment 

period that ended May 31, 2018, we 

received no comments. 

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 Guam (COTP) has 

determined that potential hazards 

associated with the exercise will be a 

safety concern. The purpose of this rule 

is to protect all divers participating in 

this underwater military exercise from 

potential safety hazards associated with 

vessel traffic in the area. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published May 

1, 2018. The Exercise Valiant Shield 

coordinator did send an updated time 

and coordinates for where and when the 

divers will enter the water. The safety 

zone has moved approximately one mile 

northeast of the previous safety zone 

that was proposed in the NPRM. Also 

the time has moved up by one hour. The 

changes are reflected in the regulatory 

text of this rule. 

This rule establishes a safety zone 

from 5 p.m. on September 10, 2018 to 

5 a.m. on September 11, 2018. The 

safety zone will cover all navigable 

waters two miles off Chulu and Babui 

beaches in Tinian. This safety zone is 

necessary to protect all divers 

participating in this underwater military 

exercise from potential safety hazards 

associated with vessel traffic in the area. 

This proposed rulemaking would 

prohibit persons and vessels not 

involved in the exercise from being in 

the safety zone unless authorized 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 time of day of the safety zone. 

Vessel traffic would be able to safely 

transit around this safety zone. 

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 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 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 


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Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations 38259 

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 a safety 

zone vessel traffic would be able to 

safely transit around. 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.T14–0194 to read as 

follows: 

§ 165.T14–0194 Safety Zone; Philippine 

Sea, Tinian. 

(a) Location. The following area is a 

safety zone: All waters off of Chulu and 

Babui Beach, Tinian, from surface to 

bottom, encompassed by a line 

connecting the following points 

beginning at 15°04′34′′ N, 145°37′03′′ E, 

thence to 15°05′17′′ N, 145°36′30′′ E, 

thence to 15°05′42′′ N, 145°36′54′′ E, 

thence to 15°05′03′′ N, 145°37′36′′ E, and 

along the shore line back to the 

beginning point. These coordinates are 

based on NAD 1983. 

(b) Regulations. (1) The general 

regulations governing safety zones 

contained in § 165.23 apply. This 

proposed rulemaking would prohibit 

persons and vessels not involved in the 

exercise from being in the safety zone 

unless authorized by the Captain of the 

Port (COTP) Guam or a designated 

representative. 

(2) To seek permission to enter, 

contact the COTP Guam or the COTP’s 

representative by VHF channel 16 or by 

telephone at 671–355–4821. 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. 

(c) Enforcement period. This section 

will be enforced from 5 p.m. on 

September 10, 2018, to 5 a.m. on 

September 11, 2018. 

Dated: July 13, 2018. 

Christopher M. Chase, 

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

Port Guam. 

[FR Doc. 2018–16754 Filed 8–3–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0183] 

RIN 1625–AA00 

Safety Zone; Philippine Sea, Rota 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters off the Port of Rota. The 

Coast Guard believes this safety zone is 

necessary to protect all divers 

participating in this underwater military 

exercise from potential safety hazards 

associated with vessel traffic in the area. 

This safety zone will prohibit persons 

and vessels not involved in the exercise 

from being in the safety zone unless 

authorized by the Captain of the Port 

Guam (COTP) or a designated 

representative. 

DATES: This rule is effective from 11 

a.m. to 11 p.m. on September 16, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0183 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 call or email Chief Todd Wheeler, 

Sector Guam Waterways Management 

Division, U.S. Coast Guard; telephone 

671–355–4866, email WWMGuam@

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 Information and 

Regulatory History 

The purpose of this rulemaking is to 

ensure the safety of divers in the water 

during an underwater military exercise 

in support of the biennial Exercise 

Valiant Shield from 11 a.m. to 11 p.m. 

on September 16, 2018. 

In response, on May 21, 2018, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

Safety Zone; Philippine Sea, Rota (83 FR 

23400–23402). There, we stated the 


sradovich on DSK3GMQ082PROD with RULES