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 


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38260 Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations 

background and proposed regulatory 

action, and requested comments on our 

proposed regulatory action related to 

this safety zone. During the comment 

period that ended June 20, 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 

21, 2018. The Exercise Valiant Shield 

coordinator did send an updated time 

for when the divers will enter the water. 

The safety zone has moved up seven 

hours from the previous safety zone that 

was proposed in the NPRM. The 

changes are reflected in the regulatory 

text of this rule. 

This rule establishes a safety zone 

from 11 a.m. to 11 p.m. on September 

16, 2018. The safety zone will cover all 

navigable waters two miles off of the 

Port of Rota. 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 

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 lasting for 12 hours that will 


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Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations 38261 

prohibit entry into navigable waters 2 

miles off the coast of the Port of Rota; 

however, vessel traffic would be able to 

safely transit around the safety zone. It 

is categorically excluded from further 

review under paragraph L60(c) 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.T14–0183 to read as 

follows: 

§ 165.T14–0183 Safety Zone; Philippine 

Sea, Rota. 

(a) Location. The following area is a 

safety zone: All waters off of the Port of 

Rota, from surface to bottom, 

encompassed by a line connecting the 

following points beginning at 14°08′07′′ 

N, 145°08′00′′ E, thence to 14°08′53′′ N, 

145°06′51′′ E, thence to 14°09′12′′ N, 

145°07′13′′ E, thence to 14°08′16′′ N, 

145°08′08′′ 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 11 a.m. to 11 p.m. 

on September 16, 2018. 

Dated: July 13, 2018. 

Christopher M. Chase, 

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

Port Guam. 

[FR Doc. 2018–16757 Filed 8–3–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2018–0277; FRL–9981– 

70—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Removal of Department 

of Environmental Protection Gasoline 

Volatility Requirements for the 

Pittsburgh-Beaver Valley Area; 

Withdrawal of Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to receipt of adverse 

comment, the Environmental Protection 

Agency (EPA) is withdrawing the direct 

final rule published on June 15, 2018, to 

approve a revision to the 

Commonwealth of Pennsylvania state 

implementation plan (SIP) requesting 

removal of Pennsylvania requirements 

limiting summertime gasoline volatility 

to 7.8 pounds per square inch (psi) Reid 

Vapor Pressure (RVP) to address 

nonattainment under the 1-hour ozone 

national ambient air quality standard 

(NAAQS) in the Pittsburgh-Beaver 

Valley ozone nonattainment area 

(hereafter Pittsburgh-Beaver Valley 

Area). 

DATES: The direct final rule published at 

83 FR 27901 on June 15, 2018, is 

withdrawn effective August 6, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, Office of Air Program 

Planning, Air Protection Division, U.S. 

Environmental Protection Agency, 

Region 3, 1650 Arch Street, 

Philadelphia, PA 19103. Brian Rehn can 

be reached via telephone at (215) 814– 

2176 or via electronic mail at 

rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: Please see 

the information provided in the direct 

final action published in the Federal 

Register on June 15, 2018 (83 FR 27901) 

and in the companion proposed rule 

which was also published on June 15, 

2018 (83 FR 27910). 

In those actions, EPA proposed to 

approve a May 2, 2018 SIP revision from 

Pennsylvania to remove Pennsylvania 

Department of Environmental Protection 

(PADEP) requirements for summertime 

low volatility gasoline (as codified at 25 

Pa. Code Chapter 126, Subchapter C) 

from the Pennsylvania SIP. EPA’s June 

15, 2018 direct final action served to 

approve the Commonwealth’s 

supporting analysis, submitted to EPA 

on May 2, 2018, which demonstrates 

that removal of the Pittsburgh-Beaver 

Valley Area low RVP gasoline program 

does not interfere with the 

Commonwealth’s ability to attain or 

maintain any NAAQS in the PittsburghBeaver Valley Area. Removal of PADEP 

volatility requirements would leave in 

place federal gasoline volatility 

requirements, as well as separate 

Allegheny County low-RVP 

requirements adopted by the Allegheny 

County Health Department (ACHD) and 

approved by EPA as a separate part of 

the Pennsylvania SIP. 

In the direct final rule published on 

June 15, 2018 (83 FR 27901), EPA stated 

that if we received adverse comments 

on our action the rule would be 

withdrawn and would not take effect. 

EPA subsequently received adverse 

comments. EPA will address the 

comments received on our proposed 

action to remove the PADEP low RVP 

gasoline requirements from the 

Pennsylvania SIP in a subsequent final 

action based upon the proposed action 

also published on June 15, 2018 (83 FR 

27910). EPA will not institute a second 

comment period on this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 24, 2018. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

■ Accordingly, the amendment to 40 

CFR 52.2020(c)(1), published on June 

15, 2018 (83 FR 27901), is withdrawn 

effective August 6, 2018. 

[FR Doc. 2018–16604 Filed 8–3–18; 8:45 am] 

BILLING CODE 6560–50–P 


sradovich on DSK3GMQ082PROD with RULES