39598 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 

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, which guides 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 

special local regulation lasting 

approximately six hours on two separate 

days that prohibits entry into a portion 

of the Roanoke River. It is categorically 

excluded from further review under 

paragraph L61 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233; 33 CFR 1.05– 

1. 

■ 2. Add § 100.35T05–0771 to read as 

follows: 

§ 100.35T05–0771 Special Local 

Regulation, Roanoke River, Plymouth, NC. 

(a) Location. The following area is a 

special local regulation: All navigable 

waters of the Roanoke River in 

Plymouth, North Carolina, from 

approximate positions: Latitude 

35°52′25′′ N, longitude 076°44′33′′ W, 

then northwest to latitude 35°52′29′′ N, 

longitude 076°44′37′′ W, then southwest 

along the shoreline to latitude 35°52′00′′ 

N, longitude 076°45′31′′ W, then south 

to latitude 35°51′56′′ N, longitude 

076°45′30′′ W, then northeast along the 

shoreline to the point of origin, a length 

of approximately one mile. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, Sector North Carolina. 

Official Patrol means any vessel 

assigned by the COTP North Carolina 

with a commissioned, warrant, or petty 

officer on board and displaying the 

Coast Guard ensign. 

Participants means persons and 

vessels involved in the high-speed boat 

race. 

Patrol Commander means a Coast 

Guard commissioned, warrant, or petty 

officer designated by the COTP North 

Carolina for the enforcement of the 

special local regulation. 

(c) Regulations. (1) The requirements 

of § 100.501(b) and (c)(1) and (2) apply 

to the area described in paragraph (a) of 

this section. 

(2) With the exception of participants, 

entry into or remaining in this special 

local regulation is prohibited unless 

authorized by the COTP North Carolina 

or the COTP North Carolina’s Patrol 

Commander. All other vessels must 

depart the special local regulation 

immediately upon the start of 

enforcement. 

(3) To request permission transit 

through the special local regulation, 

contact the COTP North Carolina or the 

COTP North Carolina’s Patrol 

Commander through the Coast Guard 

Sector North Carolina Command Duty 

Officer, Wilmington, North Carolina, at 

telephone number 910–343–3882 or on 

VHF–FM marine band radio channel 13 

(165.65 MHz) or channel 16 (156.8 

MHz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the special local 

regulation by Federal, State, and local 

agencies. 

(e) Enforcement period. This 

regulation will be enforced from 11 a.m. 

through 5 p.m. on both August 11 and 

12, 2018. 

Dated: August 6 2018. 

Bion B. Stewart, 

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

Port North Carolina. 

[FR Doc. 2018–17222 Filed 8–9–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0635] 

RIN 1625–AA00 

Safety Zone; Ski Show Sylvan Beach, 

Fish Creek, Oneida, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of Fish Creek during the 

Ski Show Sylvan Beach. This safety 

zone is intended to prohibit persons and 

vessels from a portion of Fish Creek 

during the Ski Show Sylvan Beach. This 

temporary safety zone is necessary to 

protect vessels and racers from the 

navigational hazards associated with the 

ski show. 

DATES: This rule is effective from 12:00 

p.m. until 8:00 p.m. on August 12, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0635 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 LTJG Sean Dolan, Chief of 

Waterways Management, U.S. Coast 

Guard Sector Buffalo; telephone 716– 

843–9322, email D09-SMB-SECBuffaloWWM@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 

On July 13, 2018 the Coast Guard 

published a Notice of Proposed 

Rulemaking (NPRM) titled Ski Show 

Sylvan Beach; Fish Creek, Oneida, NY 

(83 FR 32604). In that we discussed why 

we issued the NPRM and invited 

comments on our proposed regulatory 

action related to this Standup 

Paddleboard race. During the comment 

period that ended August 2, 2018 we 

received no relevant comments. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 39599 

making this rule effective less than 30 

days after publication in the Federal 

Register because doing so would be 

impracticable and contrary to the public 

interest. Delaying the effective date 

would be contrary to the rule’s 

objectives of enhancing safety of life on 

the navigable waters and protection of 

persons and vessels near the event. 

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 Buffalo (COTP) has 

determined that a ski show on a 

navigable waterway will pose a 

significant risk to participants and the 

boating public. This rule is necessary to 

protect vessels and racers during the Ski 

Show Sylvan Beach. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

relevant comments on our NPRM 

published on July 13, 2018. There are no 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

This rule establishes a safety zone 

from 12:00 p.m. until 8:00 p.m. on 

August 12, 2018. The safety zone will 

cover all navigable waters of where Fish 

Creek meets Oneida Lake starting at 

position 43°11′36.6′′ N, 75°43′53.8′′ W 

then South to 43°11′33.7′′ N, 75°43′51.2′′ 

W then East to 43°11′42.4′′ N, 

75°43′38.6′′ W then North to 43°11′44.5′′ 

N, 75°43′39.7′′ W then returning to the 

point of origin. The duration of the zone 

is intended to enhance the safety of 

vessels and racers on the navigable 

waters within the above stated points, 

before, during, and after the scheduled 

event. 

No vessel or person will be permitted 

to enter the safety zone without 

obtaining permission from the COTP or 

a designated representative. The Captain 

of the Port or his designated on-scene 

representative may be contact via VHF 

Channel 16. 

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 not be able to safely 

transit around this safety zone, which 

would impact a small designated area of 

Fish Creek. However, 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 

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 


daltland on DSKBBV9HB2PROD with RULES
39600 Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations 

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 

establishment of a safety zone. 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: 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.T09–0635 to read as 

follows: 

§ 165.T09–0635 Safety Zone; Ski Show 

Sylvan Beach; Fish Creek, Oneida, NY. 

(a) Location. The safety zone will 

encompass all waters of Fish Creek in 

Oneida, NY, starting at position 

43°11′36.6′′ N, 75°43′53.8′′ W then South 

to 43°11′33.7′′ N, 75°43′51.2′′ W then 

East to 43°11′42.4′′ N, 75°43′38.6′′ W 

then North to 43°11′44.5′′ N, 75°43′39.7′′ 

W then returning to the point of origin 

(NAD 83). 

(b) Enforcement period. This rule is 

effective from 12:00 p.m. until 8:00 p.m. 

on August 12, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: August 6, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–17181 Filed 8–9–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0437; FRL–9981– 

97—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Adoption of Control 

Techniques Guidelines for Control of 

Volatile Organic Compound Emissions 

From Miscellaneous Metal Parts 

Surface Coating, Miscellaneous Plastic 

Parts Surface Coating, and Pleasure 

Craft Surface Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Commonwealth of Pennsylvania’s 

state implementation plan (SIP). The 

revision includes amendments to the 

Pennsylvania Department of 

Environmental Protection’s (PADEP) 

regulations and addresses the 

requirement to adopt reasonably 

available control technology (RACT) for 

sources covered by EPA’s control 

techniques guidelines (CTG) standards 

for the following categories: 

Miscellaneous metal parts surface 

coating, miscellaneous plastic parts 

surface coating, and pleasure craft 

surface coatings, as well as related 

cleaning activities. The SIP revision also 

amends regulations for graphic arts 

systems and mobile equipment repair 

and refinishing as well as making 

general administrative changes. This 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

September 10, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2017–0437. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Gregory A. Becoat, (215) 814 2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 18, 2016, PADEP submitted a 

revision to the Pennsylvania SIP 

concerning the adoption of EPA’s CTG 

for miscellaneous metal parts surface 

coating processes, miscellaneous plastic 

parts surface coating processes, and 

pleasure craft surface coatings. 

Specifically, PADEP has amended 25 

Pennsylvania Code (Pa. Code) Chapter 

129 (relating to standards for sources) to 

address RACT and further reduce 

volatile organic compounds (VOC) 

emissions in Pennsylvania. In 

accordance with sections 172(c)(1), 

182(b)(2)(A) and 184(b)(1)(B) of the 

CAA, Pennsylvania’s SIP revision 

submittal establishes VOC emission 

limitations and other requirements 

consistent with the recommendations of 

EPA’s 2008 Control Techniques 

Guidelines for Miscellaneous Metal and 

Plastic Parts Coatings (MMPP) 

(Publication No. EPA 453/R–08–003; 

September 2008) and Control 

Techniques Guidelines for Automobile 

and Light-Duty Truck Assembly 

Coatings for these sources in the 

Commonwealth of Pennsylvania 

(Publication No. EPA 453/R–08–006). 


daltland on DSKBBV9HB2PROD with RULES