Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations 43525 

DEPARTMENT OF DEFENSE 

Department of the Army 

32 CFR Part 508 

[Docket ID: USA–2017–HQ–0010] 

RIN 0702–AA83 

Competition With Civilian Bands 

AGENCY: Department of the Army, DoD. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

Department of the Army’s regulation 

concerning participation of Army bands 

on and off post. This part has been 

superseded by requirements which 

direct appropriate participation of U.S. 

military bands on and off post. This part 

conveys internal Army policy and 

procedures and is unnecessary. 

Therefore, this part should be removed 

from the CFR. 

DATES: This rule is effective on August 

27, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Williams at 757–462–1060. 

SUPPLEMENTARY INFORMATION: Public 

comment on the removal of 32 CFR part 

508 is not required because the 

regulation involves a matter relating to 

agency management and personnel, and 

because the regulation is a general 

statement of policy. 

DoD internal guidance will continue 

to be published in Army Regulation 

220–90, ‘‘Army Music,’’ available at 

https://armypubs.army.mil/ 

ProductMaps/PubForm/AR.aspx. 

This rule is not significant under 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review,’’ 

therefore, E.O. 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ does not apply. 

List of Subjects in 32 CFR Part 508 

Music, Utilization of Army bands. 

PART 508—[REMOVED] 

Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 508 is removed. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 2018–18480 Filed 8–24–18; 8:45 am] 

BILLING CODE 5001–03–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0742] 

RIN 1625–AA00 

Safety Zone; Upper Mississippi River, 

Mile Markers 751.2 to 751.8, Alma, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters of the Upper 

Mississippi River. The safety zone is 

necessary to protect persons, vessels, 

and the marine environment from 

potential hazards created by a 

demolition project taking place on the 

bank of the Upper Mississippi River 

near Alma, WI. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Sector Upper 

Mississippi River or a designated 

representative. 

DATES: This rule is effective from 

September 28, 2018, through October 

15, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0742 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 Lieutenant Commander Christian 

Barger, Waterways Management 

Division, Sector Upper Mississippi 

River, U.S. Coast Guard; telephone 314– 

269–2560, email Christian.J.Barger@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Upper 

Mississippi River 

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)(3)(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. It is impracticable 

because we must establish this safety 

zone by September 28, 2018, and we 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. The NPRM process would 

delay the establishment of the safety 

zone and compromise public safety. 

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 Sector Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with the equipment to be 

used in the demolition of a 700 foot tall 

chimney at the Dairyland Power 

Cooperative Station will be a safety 

concern for anyone on a six-tenths of a 

mile stretch of the Upper Mississippi 

River at the time the chimney is 

toppled. This rule is needed to protect 

persons, vessels, and the marine 

environment in the navigable waters 

within the safety zone before, during, 

and after the demolition. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from September 28, 2018 

through October 15, 2018. The safety 

zone will cover all navigable waters of 

the Upper Mississippi River between 

mile markers 751.2 and 751.8, adjacent 

to the eastern river bank, where the 

demolition of a 700-foot chimney will 

take place. The Coast Guard was 

informed that the demolition itself 

would take approximately 30 minutes 

on one day and that all debris should be 

contained and is not expected to enter 

the waterway. The period of 

enforcement of this safety zone will be 

two hours before, thirty minutes during, 

and thirty minutes after the demolition. 

The COTP or a designated 

representative will inform the public 

through Broadcast Notice to Mariners 

(BNM), Local Notices to Mariners 

(LNM), and/or Marine Safety 

Information Bulletins (MSIBs), or 

through other means of public notice, as 

appropriate, at least 3 hours in advance 

of the enforcement period. The duration 

of the zone is intended to protect 

persons, vessels, and the marine 


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43526 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations 

environment on these navigable waters 

during the chimney demolition. 

No vessel or person will be permitted 

to enter the temporary safety zone 

without obtaining permission from the 

COTP or a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

Sector Upper Mississippi River, U.S. 

Coast Guard. A designated 

representative may be a Patrol 

Commander (PATCOM). The PATCOM 

may be aboard either a Coast Guard or 

Coast Guard Auxiliary vessel. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM’’. Vessels 

requiring entry into this safety zone 

must request permission from the COTP 

or a designated representative. They 

may be contacted on VHF–FM Channel 

16 or by telephone at 314–269–2332. All 

persons and vessels permitted to enter 

this safety zone must transit at their 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

the designated representative. The 

COTP or a designated representative 

will inform the public of the 

enforcement times and dates for this 

safety zone through Broadcast Notices to 

Mariners (BNMs), Local Notices to 

Mariners (LNMs), and/or Safety 

Information Marine Broadcasts (SIMBs), 

as appropriate. 

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 13563 (‘‘Improving 

Regulation and Regulatory Review’’) 

and 12866 (‘‘Regulatory Planning and 

Review’’) 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 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 13771 (‘‘Reducing Regulation and 

Controlling Regulatory Costs’’) directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, OMB has not reviewed it. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See OMB’s Memorandum 

‘‘Guidance Implementing Executive 

Order 13771, Titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’’’ (April 5, 2017). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. This safety 

zone impacts less than a one-mile 

stretch of the Upper Mississippi River 

for approximately three hours on one 

day. Moreover, the Coast Guard will 

issue a Safety Marine Information 

Broadcast (SMIB) 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 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 

temporary 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 

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. 


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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations 43527 

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 safety 

zone that impacts a less than a one-mile 

stretch of the Upper Mississippi River 

for approximately three hours on one 

day. 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; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Add § 165.T08–0724 to read as 

follows: 

§ 165. T08–0742 Safety Zone; Mile Markers 

751.2 to 751.8, Upper Mississippi River, 

Alma, WI. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Mississippi River between mile marker 

(MM) 751.2 and MM 751.8, Alma, WI. 

(b) Effective period. This section will 

be enforced from September 28, 2018 

through October 15, 2018. 

(c) Enforcement period. This section 

will be enforced for three hours on one 

day, two hours prior to, thirty minutes 

during, and thirty minutes after the 

completion of demolition at the 

Dairyland Power Cooperative Station in 

Alma, WI. The Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative will 

inform the public of the enforcement 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs) and/or Safety Marine 

Information Broadcasts (SMIBs) or other 

means of public notice at least three 

hours in advance of the enforcement of 

this safety zone. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, persons and vessels are 

prohibited from entering the safety zone 

unless authorized by the COTP or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Upper Mississippi River. A designated 

representative may be a Patrol 

Commander (PATCOM). The PATCOM 

may be aboard either a Coast Guard or 

Coast Guard Auxiliary vessel. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM’’. 

(2) Persons or vessels desiring to enter 

into or pass through the zone must 

request permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM channel 16 or by 

telephone at 314–269–2332. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs) and/ 

or Safety Marine Information Broadcasts 

(SMIBs) or other means of public notice 

of the enforcement period for the 

temporary safety zone as well as any 

changes in the dates and times of 

enforcement. 

Dated: August 21, 2018. 

Stormer, Scott A., 

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

Port Sector Upper Mississippi River. 

[FR Doc. 2018–18453 Filed 8–24–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2017–0560; FRL–9982–77] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is promulgating 

significant new use rules (SNURs) under 

the Toxic Substances Control Act 

(TSCA) for 10 chemical substances 

which were the subject of 

premanufacture notices (PMNs). The 

chemical substances are subject to 

Orders issued by EPA pursuant to 

section 5(e) of TSCA. This action 

requires persons who intend to 

manufacture (defined by statute to 

include import) or process any of these 

10 chemical substances for an activity 

that is designated as a significant new 

use by this rule to notify EPA at least 

90 days before commencing that 

activity. The required notification 

initiates EPA’s evaluation of the 

intended use within the applicable 

review period. Persons may not 

commence manufacture or processing 

for the significant new use until EPA 

has conducted a review of the notice, 

made an appropriate determination on 

the notice, and has taken such actions 

as are required with that determination. 

DATES: This rule is effective on October 

26, 2018. For purposes of judicial 

review, this rule shall be promulgated at 

1 p.m. (e.s.t.) on September 10, 2018. 

Written adverse comments on one or 

more of these SNURs must be received 

on or before September 26, 2018 (see 

Unit VI. of the SUPPLEMENTARY

INFORMATION). If EPA receives written 

adverse commentsts, on one or more of 

these SNURs before September 26, 2018, 

EPA will withdraw the relevant sections 

of this direct final rule before its 

effective date. 

For additional information on related 

reporting requirement dates, see Units 

I.A., VI., and VII. of the SUPPLEMENTARY

INFORMATION. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2017–0560, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 


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