45346 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

§ 165.T09–0854 Safety Zone; Moonlight on 

the Bay Fireworks, Presque Isle Bay, Lake 

Erie, Erie, PA. 

(a) Location. The safety zone will 

encompass all waters of Presque Isle 

Bay; Erie, PA contained within a 280- 

foot radius of: 42°08′55.3′′ N, 

80°04′58.1′′ W. 

(b) Enforcement period. This 

regulation will be enforced from 9:30 

p.m. until 11:00 p.m. on September 7, 

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 30, 2018. 

Kenneth E. Blair, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Buffalo. 

[FR Doc. 2018–19414 Filed 9–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0856] 

RIN 1625–AA00 

Safety Zone; PA Municipal Authorities 

Annual Conference Fireworks, Presque 

Isle Bay, Erie, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 280-foot 

radius of the launch site located at 

Dobbins Landing, Erie, PA. This safety 

zone is intended to restrict vessels from 

portions of Presque Isle Bay during the 

Pennsylvania Municipal Authorities 

Annual Conference fireworks display. 

This temporary safety zone is necessary 

to protect mariners and vessels from the 

navigational 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 Buffalo. 

DATES: This rule is effective from 8:45 

p.m. until 9:45 p.m. on September 11, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

0856 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 

Waterways Management Division, U.S. 

Coast Guard; telephone 716–843–9322, 

email D09-SMB-SECBuffalo-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 due to it being 

impracticable and contrary to public 

interest. The final details of this event 

were not known to the Coast Guard 

until there was insufficient time 

remaining before the event to publish a 

NPRM. 

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. 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 in vicinity of the 

Pennsylvania Municipal Authorities 

Annual Conference fireworks display. 

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 fireworks display 

presents significant risks to the public 

safety and property. Such hazards 

include premature and accidental 

detonations, dangerous projectiles, and 

falling or burning debris. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the fireworks display takes place. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

September 11, 2018, from 8:45 p.m. 

until 9:45 p.m. The safety zone will 

encompass all waters of Presque Isle 

Bay; Erie, PA contained within 280-foot 

radius of: 42°08′19.87′′ N, 80°05′29.45′′ 

W. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Buffalo or his designated on-scene 

representative. The Captain of the Port 

or his 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. 


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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 45347 

This regulatory action determination 

is based on the conclusion that this rule 

is not a significant regulatory action. We 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule will be 

relatively small and enforced for a 

relatively short time. Also, the safety 

zone has been designed to allow vessels 

to transit around it. Thus, restrictions on 

vessel movement within that particular 

area are expected to be minimal. Under 

certain conditions, moreover, vessels 

may still transit through the safety zone 

when permitted by the Captain of the 

Port. 

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 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. 

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 establishes a 

temporary 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: 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.T09–0856 to read as 

follows: 

§ 165.T09–0856 Safety Zone; Pennsylvania 

Municipal Authorities Annual Conference 

Fireworks Display; Presque Isle Bay, Erie, 

PA. 

(a) Location. The safety zone will 

encompass all waters of Presque Isle 

Bay; Erie, PA contained within a 280- 

foot radius of: 42°08′19.87′′ N, 

80°05′29.45′′ W. 

(b) Enforcement period. This 

regulation will be enforced from 8:45 

p.m. until 9:45 p.m. on September 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 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. 


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45348 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

(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 30, 2018. 

Kenneth E. Blair, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Buffalo. 

[FR Doc. 2018–19413 Filed 9–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0280; FRL–9982– 

60—Region 5] 

Air Plan Approval; Wisconsin; 2017 

Revisions to NR 400 and 406 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving certain 

changes to the Wisconsin State 

Implementation Plan (SIP). This action 

relates to changes in Wisconsin’s 

construction permit rules as well as the 

change in the definition for ‘‘emergency 

electric generators’’ in NR 400. This 

request for the revision of the SIP was 

submitted by the Wisconsin Department 

of Natural Resources (WDNR) on May 

16, 2017. 

DATES: This final rule is effective on 

October 9, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2017–0280. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Rachel 

Rineheart, Environmental Engineer, at 

(312) 886–7017 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

rineheart.rachel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: is used, 

we mean EPA. This supplementary 

information section is arranged as 

follows: 

I. Review of State Submittal 

II. What is our response to comments 

received on the proposed rulemaking? 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Review of State Submittal 

This final rulemaking addresses the 

May 16, 2017 WDNR submittal for a SIP 

revision, revising the rules in the 

Wisconsin SIP to align them with 

Federal requirements. WDNR’s 

submittal includes changes to the term 

‘‘electric generator,’’ replacing it with 

‘‘restricted internal combustion engine’’ 

as well as other minor language and 

administrative changes. Specifically, NR 

400.02(136m) replaces the existing 

definition of emergency ‘‘electric 

generator’’ with a definition of 

‘‘restricted use internal combustion 

engine,’’ and NR 406.04(1)(w) amends 

the exemption language for ‘‘emergency 

electric generators,’’ replacing it with an 

exemption for ‘‘restricted use 

reciprocating internal combustion 

engines.’’ NR 406.08(1) and NR 406.10 

involve minor changes to language, and 

NR 406.11(1) amends procedures for 

revoking construction permits. These 

changes serve the purpose of aligning 

Wisconsin’s definitions with the Federal 

definitions. 

WDNR is also requesting the removal 

of NR 406.16(2)(d) and NR 406.17(3)(e) 

from the SIP. These provisions address 

the eligibility of coverage under general 

and registration construction permits 

based on whether the project 

constituted a Type 2 action under the 

previous chapter NR 150. However, the 

current chapter NR 150 was amended 

and no longer defines or sets 

requirements for Type 2 actions. 

Removing these provisions from 

Wisconsin’s SIP ensures consistency 

with the Wisconsin Environmental 

Protection Act (WEPA), and does not 

affect consistency with the Clean Air 

Act (CAA). It is also consistent with 

Section 110(l) of the CAA. Sources 

covered under registration and general 

permits are still subject to all emission 

caps and applicable requirements 

contained in those permits. 

II. What is our response to comments 

received on the proposed rulemaking? 

EPA published a direct final rule on 

November 7, 2017 (82 FR 51575), 

approving Wisconsin’s requested 

revisions to the SIP, along with a 

proposed rule (82 FR 51594) that 

provided a 30-day public comment 

period. EPA received two comment 

letters during the public comment 

process. There were comments on the 

proposed approval from Sierra Club and 

the Center for Biological Diversity 

combined and one comment from an 

anonymous commenter. The letter from 

the anonymous commenter was dated 

December 2, 2017 and the letter from 

Sierra Club and the Center for Biological 

Diversity was dated December 7, 2017. 

Consequently, the direct final rule on 

this approval was withdrawn on 

December 21, 2017 (82 FR 60545). A 

summary of the comments received and 

EPA’s response follows. 

A. Section 110(l) Determination 

Comment 1: The revisions to the prior 

exemption for emergency generators are 

a relaxation of the SIP and EPA cannot 

approve the SIP relaxation without an 

analysis that the relaxation will not 

interfere with attainment or 

maintenance of the National Ambient 

Air Quality Standards (NAAQS) or any 

other CAA requirement pursuant to 

Section 110(l) of the CAA. 

EPA Response: Section 110(l) states 

‘‘each revision to an implementation 

plan submitted by a State under this 

chapter shall be adopted by such State 

after reasonable notice and public 

hearing. The Administrator shall not 

approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (as defined in section 171 of 

this title), or any other applicable 

requirement of this Act.’’ Wisconsin has 

adequately demonstrated that the 


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