Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations 39363 

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 

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, 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 

establishment of a safety zone on Lake 

Michigan near North Avenue Beach in 

Chicago, IL. 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.T09–0659 to read as 

follows: 

§ 165.T09–0659 Safety Zone; Lake 

Michigan, Whiting, Indiana. 

(a) Location. All navigable waters of 

Lake Michigan near Lake Front Park, 

bounded by a line drawn from the shore 

at 41°40.725 N, 087°28.633 W, then 

northeast to 41°40.891 N, 087°28.468 W, 

then northwest to 41°41.494 N, 

087°29.559 W, then southwest back to 

the shore at 41°41.235 N, 087°29.779 W. 

(b) Enforcement period. This rule will 

be effective from 6:50 a.m. on August 

11, 2018 through 5:10 p.m. on August 

12, 2018. It will be enforced from 6:50 

a.m. through 5:10 p.m. on both days, 

August 11 and 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 Lake Michigan or a 

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 

Lake Michigan or a designated on-scene 

representative. 

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

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on his or her 

behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or an on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or an 

on-scene representative may be 

contacted via VHF Channel 16 or at 

(414) 747–7182. 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 Lake Michigan, or an onscene representative. 

Dated: July 24, 2018. 

Thomas J. Stuhlreyer, 

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

Port, Lake Michigan. 

[FR Doc. 2018–17074 Filed 8–8–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0724] 

RIN 1625–AA00 

Safety Zones; Discovery World 

Fireworks, Milwaukee Harbor, 

Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 


sradovich on DSK3GMQ082PROD with RULES
39364 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Michigan in the Milwaukee 

Harbor, Milwaukee, WI, for all navigable 

waters within a 100-yard radius of 

43°01.980′ N, 087°53.580 W. This action 

is necessary to protect spectators, 

mariners, vessels, and property from 

potential hazards associated with a 

fireworks display. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Lake Michigan or a 

designated representative. 

DATES: This rule is effective from 9 p.m. 

through 11 p.m. on August 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– 

0724 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 document, 

call or email the marine event 

coordinator, MSTC Kaleena Carpino, 

Prevention Department, Coast Guard 

Sector Lake Michigan, Milwaukee, WI; 

telephone (414) 747–7148, email D09- 

SMB-SECLakeMichigan-WWM@

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 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 doing 

so would be impracticable and contrary 

to the public interest. The final details 

for this event were not known to the 

Coast Guard until there was insufficient 

time remaining before the event to 

publish an NPRM. Delaying the effective 

date of this rule to wait for a comment 

period to run would be both 

impracticable and contrary to the public 

interest because it would inhibit the 

Coast Guard’s ability to protect the 

public, vessels, mariners, and property 

from the hazards associated with the 

fireworks display on August 11, 2018. 

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 for the same reasons discussed 

in the preceding paragraph, waiting for 

a 30 day notice period to run would be 

impracticable and contrary to the public 

interest. 

III. Legal Authority and Need for Rule 

The legal basis for this rule is the 

Coast Guard’s authority to establish 

safety zones: 33 U.S.C. 1231; 33 CFR 

1.05–1, 160.5; Department of Homeland 

Security Delegation No. 0170.1. 

The Coast Guard will enforce a safety 

zone on August 11, 2018, from 9 p.m. 

through 11 p.m., for a fireworks display 

in Milwaukee Harbor on Lake Michigan. 

The Captain of the Port Lake Michigan 

has determined that this fireworks 

display will pose a significant risk to 

public safety and property. Such 

hazards include premature and 

accidental detonations, falling and 

burning debris, and collisions among 

spectator vessels. 

IV. Discussion of the Rule 

With the aforementioned hazards in 

mind, the Captain of the Port Lake 

Michigan has determined that this 

temporary safety zone is necessary to 

protect persons and vessels during the 

fireworks display in the waters of 

Milwaukee Harbor on Lake Michigan. 

This zone is effective and will be 

enforced from 9 p.m. until 11 p.m. on 

August 11, 2018. The safety zone will 

encompass all navigable waters within a 

100-yard radius of 43°01.980′ N, 

087°53.580′ W. (NAD 83). 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or his or her 

designated on-scene representative. The 

Captain of the Port or his or her 

designated on-scene representative may 

be contacted 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-year of the safety zone. The 

safety zone created by this rule will be 

relatively small and enforced for only 

two hours. Under certain conditions, 

vessels may still transit through the 

safety zone when permitted by the 

Captain of the Port. Moreover, the Coast 

Guard will issue Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about 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 rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the affected portion of Milwaukee 

Harbor on Lake Michigan between 9 

p.m. and 11 p.m. on August 11, 2018. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the reasons cited in the Regulatory 

Planning and Review section. 

Additionally, before the enforcement of 

the zone, we will issue local Broadcast 

Notice to Mariners and Public Notice of 

Safety Zone so vessel owners and 

operators can plan accordingly. 

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 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations 39365 

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 

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 the 

establishment of a safety zone 

surrounding a fireworks display on 

Milwaukee Harbor in Lake Michigan. It 

is categorically excluded from further 

review under paragraph L[60(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.T09–0724 to read as 

follows: 

§ 165.T09–0724 Safety Zone; Discovery 

World Fireworks, Milwaukee Harbor, 

Milwaukee WI. 

(a) Location. All navigable waters 

within a 100-yard radius of 43°01.980′ 

N, 087°53.580 W. 

(b) Effective and enforcement period. 

This rule is effective and will be 

enforced from 9 p.m. through 11 p.m. on 

August 11, 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 Lake Michigan or a 

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 

Lake Michigan or a designated on-scene 

representative. 

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

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on his or her 

behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Lake 

Michigan or an on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or an 

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 Lake Michigan or an 

on-scene representative. 

Dated: July 24, 2018. 

Thomas J. Stuhlreyer, 

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

Port, Lake Michigan. 

[FR Doc. 2018–17069 Filed 8–8–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0396; FRL–9981– 

96—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; 2011 Base Year Inventory 

for the 2008 8-Hour Ozone National 

Ambient Air Quality Standard for the 

Baltimore, Maryland Nonattainment 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


sradovich on DSK3GMQ082PROD with RULES