44236 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

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 in Chicago, IL. 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 parts 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.T09–0707 to read as 

follows: 

§ 165.T09–0707 Safety zone; Lake 

Michigan, Chicago, Illinois. 

(a) Location. All navigable waters of 

Lake Michigan near Chicago, Illinois, 

bounded by a line drawn position 

41°49.903′ N, 087°36.161′ W, then 

northeast to 41°50.029′ N, 087°35.863′ 

W, then southeast to 41°49.576′ N, 

087°35.503′ W, then southwest to 

41°49.484′ N, 087°35.850′ W, then along 

the shoreline back to the point of origin 

(NAD 83). 

(b) Enforcement period. This rule will 

be enforced from 7 a.m. through 5:30 

p.m. on September 1, 2018 and 

September 2, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, 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: August 6, 2018. 

Thomas J. Stuhlreyer, 

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

Port, Lake Michigan. 

[FR Doc. 2018–18850 Filed 8–29–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2018–0350; FRL–9982– 

47—Region 6] 

Approval and Promulgation of 

Implementation Plans; Oklahoma; 

General SIP Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is approving revisions to the State 

Implementation Plan (SIP) for 

Oklahoma submitted by the State of 

Oklahoma designee with a letter dated 

February 14, 2017. The submittal 

includes updates to the Oklahoma SIP, 

as contained in annual SIP updates for 

2013, 2014, 2015, and 2016, and 

incorporates the latest changes to EPA 

regulations. This action addresses the 

revisions submitted to the Oklahoma 

SIP pertaining to incorporation by 

reference of federal requirements and 

emission inventory reporting 

requirements. 

DATES: This rule is effective on October 

1, 2018. 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44237 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No.EPA–R06–OAR–2018–0350. 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 

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 either 

electronically through http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley, 214–665–2115, 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our July 6, 2018, 

proposal at 83 FR 31511. In that 

document, we proposed to approve 

revisions to the Oklahoma SIP 

submitted by letter dated February 14, 

2017, from the Oklahoma Secretary of 

Energy and Environment that pertain to 

incorporation by reference of federal 

requirements and emission inventory 

reporting requirements. Specifically, we 

proposed to approve the revisions to 

Subchapter 2, Subchapter 5, and 

Appendix Q under Title 252, Chapter 

100 of the Oklahoma Administrative 

Code (OAC). 

We received two comments on our 

July 6, 2018, proposal. One commenter 

provided personal observations 

regarding former EPA Administrator 

Scott Pruitt. One commenter provided 

comments about reducing greenhouse 

gas emissions through forest 

management practices. Neither of these 

comments is relevant to our proposed 

rulemaking to approve the updates to 

the incorporation by reference of federal 

requirements or updates to the 

Oklahoma emission inventory reporting 

requirements. Since these comments are 

not relevant to the specific action EPA 

proposed, the EPA will not be 

responding to these comments or 

making any changes to our proposed 

rulemaking because of these comments. 

II. Final Action 

We are approving revisions to the 

Oklahoma SIP that revise the 

incorporation by reference dates for 

federal requirements and update the 

emission inventory reporting 

requirements. We have determined that 

these revisions, submitted by Oklahoma 

on February 14, 2017, were developed 

in accordance with the CAA and EPA’s 

regulations. Therefore, under section 

110 of the Act, the EPA approves the 

following revisions to the Oklahoma 

SIP: 

• Revisions to OAC 252:100–2–3 and 

Appendix Q adopted on April 25, 2013; 

effective July 1, 2013; 

• Revisions to OAC 252:100–2–3 and 

Appendix Q adopted on June 19, 2014; 

effective September 12, 2014; 

• Revisions to OAC 252:100–2–3 and 

Appendix Q adopted on June 8, 2015; 

effective September 15, 2015; 

• Revisions to OAC 252:100–2–3 and 

Appendix Q adopted on June 9, 2016; 

effective September 15, 2016; 

• Revisions to OAC 252:100–5–2 

adopted on June 19, 2014; effective 

September 12, 2014; 

• Revisions to OAC 252:100–5–2.1 

adopted on June 19, 2014; effective 

September 12, 2014; 

• Revisions to OAC 252:100–5–2.1 

adopted June 9, 2016; effective 

September 15, 2016; and 

• Revisions to OAC 252:100–5–3 

adopted on June 19, 2014; effective 

September 12, 2014. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

revisions to the Oklahoma regulations as 

described in the Final Action section 

above. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 6 Office (please contact Adina 

Wiley for more information). Therefore, 

these materials have been approved by 

the EPA for inclusion in the Oklahoma 

SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of this final 

rulemaking, and will be incorporated by 

reference in the next update to the SIP 

compilation. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, described in 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 


amozie on DSK3GDR082PROD with RULES
44238 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 29, 2018. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: August 23, 2018. 

Anne Idsal, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart LL—Oklahoma 

■ 2. In § 52.1920(c), the table titled 

‘‘EPA Approved Oklahoma Regulations’’ 

is amended by revising the entries for 

Sections 252:100–2–3; 252:100–5–2; 

252:100–5–2.1; 252:100–5–3; and 

252:100, Appendix Q to read as follows: 

§ 52.1920 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED OKLAHOMA REGULATIONS

State citation Title/subject State effective date EPA approval date Explanation 

*******

252:100–2–3 ............... Incorporation by reference ........... 9/15/2016 8/30/2018, [Insert Federal Register citation].

*******

252:100–5–2 ............... Registration of potential sources 

of air contaminants.

9/12/2014 8/30/2018, [Insert Federal Register citation].

252:100–5–2.1 ............ Emission inventory ....................... 9/15/2016 8/30/2018, [Insert Federal Register citation].

*******

252:100–5–3 ............... Confidentiality of proprietary information.9/12/2014 8/30/2018, [Insert Federal Register citation].

*******

252:100, Appendix Q .. Incorporation by reference ........... 9/15/2016 8/30/2018, [Insert Federal Register citation].

*******

* * * * * 

[FR Doc. 2018–18657 Filed 8–29–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 206 

[Docket ID: FEMA–2018–0015] 

RIN 1660–AA94 

Removal of Dispute Resolution Pilot 

Program for Public Assistance 

Appeals 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

removing its regulations regarding its 

Dispute Resolution Pilot Program 

(DRPP) for the Public Assistance 

Program. The statutory authority for the 

DRPP sunset on December 31, 2015. 

DATES: This rule is effective August 30, 

2018. 

ADDRESSES: The docket for this 

rulemaking is available for inspection 

using the Federal eRulemaking Portal at 

http://www.regulations.gov and can be 

viewed by following that website’s 

instructions. 

FOR FURTHER INFORMATION CONTACT: Liza 

Davis, Associate Chief Counsel, 

Regulatory Affairs, Office of Chief 

Counsel, Federal Emergency 

Management Agency, 500 C Street SW, 


amozie on DSK3GDR082PROD with RULES