44480 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0737] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, Indian 

River Bay, Long Neck, DE 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

waters of Indian River Bay off Long 

Neck, DE, from 7:30 p.m. through 8:30 

p.m. on September 2, 2018, during the 

Labor Day Long Neck Style Fireworks 

Display. The safety zone is necessary to 

ensure the safety of participant vessels, 

spectators, and the boating public 

during the event. This regulation 

prohibits persons and non-participant 

vessels from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port (COTP) 

Delaware Bay or a designated 

representative. 

DATES: This rule is effective from 7:30 

p.m. through 8:30 p.m. on September 2, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0737 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 MST2 Thomas Welker, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division; telephone (215) 

271–4814, email secdelbaywwm@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR—Code of Federal Regulations 

COTP—Captain of the Port 

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 it is 

impracticable and contrary to the public 

interest to do so. There is insufficient 

time to allow for a reasonable comment 

period prior to the date of the event. The 

rule must be in force by September 2, 

2018, to serve its purpose of ensuring 

the safety of spectators and the general 

public from hazards associated with the 

fireworks display. Hazards include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. 

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 of 

this rule would be impracticable and 

contrary to the public interest because 

immediate action is needed to mitigate 

the potential safety hazards associated 

with a fireworks display in this location. 

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 Delaware Bay 

(COTP) has determined that potential 

hazards associated with the fireworks 

display on September 2, 2018, will be a 

safety concern for anyone within a 100- 

yard radius of the fireworks barge, 

which will be anchored in approximate 

position 38°36′35.93′′ N, 075°09′31.00′′ 

NW. This rule is needed to protect 

persons, vessels and the public within 

the safety zone during the fireworks 

display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on the waters of Indian 

River Bay off Long Neck, NJ during a 

fireworks display from a barge. The 

event is scheduled to take place at 7:45 

p.m. on September 2, 2018. The safety 

zone will extend 100 yards around the 

barge, which will be anchored at 

approximate position 38°36′35.93′′ N, 

075°09′31.00′′ W. No person or vessel 

will be permitted to enter, transit 

through, anchor in, or remain within the 

safety zone without obtaining 

permission from the COTP Delaware 

Bay or a designated representative. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the COTP Delaware 

Bay or a designated representative, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP Delaware Bay 

or a designated representative. The 

Coast Guard will provide public notice 

of the safety zone by Broadcast Notice 

to Mariners, and by on-scene actual 

notice. 

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. 

The impact of this rule is not 

significant for the following reasons: (1) 

Although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the COTP Delaware 

Bay or a designated representative, they 

may operate in the surrounding area 

during the enforcement period; (2) 

persons and vessels will still be able to 

enter, transit through, anchor in, or 

remain within the regulated area if 

authorized by the COTP Delaware Bay 

or a designated representative; and (3) 

the Coast Guard will provide advance 

notification of the safety zone to the 

local maritime community by Broadcast 

Notice to Mariners and by on-scene 

actual notice. 

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 


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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 44481 

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 (Public Law 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 involves a safety 

zone that will prohibit persons and 

vessels from entering, transiting 

through, anchoring in, or remaining 

within a limited area on the navigable 

water in the Indian River Bay, during a 

fireworks display lasting approximately 

one hour. 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 (REC) 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.T05–0737 to read as 

follows: 

§ 165.T05–0614 Safety Zone; Fireworks, 

Indian River Bay, Long Neck, DE. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Indian River Bay near Long Neck, NJ, 

within 100 yards of the barge anchored 

at approximate position 38°36′35.93′′ N, 

075°09′31.00′′ W. All coordinates are 

based on 1984 World Geodetic System. 

(b) Definitions As used in this section, 

designated representative means a Coast 

Guard Patrol Commander, including a 

Coast Guard petty officer, warrant or 

commissioned officer on board a Coast 

Guard vessel or on board a federal, state, 

or local law enforcement vessel assisting 

the Captain of the Port (COTP), 

Delaware Bay in the enforcement of the 

safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or 215–271–4807. 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. 

(3) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

federal, state, and local agencies. 

(e) Enforcement period. This zone 

will be enforced from 7:30 p.m. through 

8:30 p.m. on September 2, 2018. 


daltland on DSKBBV9HB2PROD with RULES
44482 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 

Dated: August 28, 2018. 

S.E. Anderson, 

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

Port Delaware Bay. 

[FR Doc. 2018–18936 Filed 8–30–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0764] 

Safety Zone; Annual Swim for Alligator 

Reef Lighthouse, Islamorada, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the temporary safety zone for the 6th 

Annual Swim for Alligator Reef 

Lighthouse, Islamorada, Florida from 

6:30 a.m. until 4:30 p.m. on September 

15, 2018. Our regulation for Recurring 

Safety Zones in Captain of the Port Key 

West Zone identifies the regulated area 

for this event. This action is necessary 

to ensure the safety of event participants 

and spectators. During the enforcement 

period, no person or vessel may enter, 

transit through, anchor in, or remain 

within the regulated area without 

approval from the Captain of the Port 

Key West or a designated representative. 

DATES: The regulations in 33 CFR 

165.786, Table to § 165.786, Line No. 9.1 

will be enforced from 6:30 a.m. until 

4:30 p.m. on September 15, 2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Gregory Bergstrom, Sector Key 

West Waterways Management 

Department, Coast Guard; telephone 

(305) 292–8772; email 

Greg.C.Bergstrom@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zones in 

33 CFR 165.786, Table to § 165.786, 

Line No. 9.1, from 6:30 a.m. until 4:30 

p.m. on September 15, 2018, for the 

annual Swim for Alligator Reef 

Lighthouse in Islamorada, Florida. Our 

regulation for Recurring Safety Zones in 

Captain of the Port Key West Zone, 

§ 165.786, Line No. 9.1, specifies the 

location of the regulated area as all 

within 50 yards in front of the lead 

safety vessel preceding the first event 

participants, 50 yards behind the safety 

vessel trailing the last event 

participants, and at all times extend 100 

yards on either side of the safety vessels. 

This action prevents vessels from 

transiting areas specifically designated 

as safety zones during the periods of 

enforcement. During the enforcement 

period, no person or vessel may enter, 

transit through, anchor within, or 

remain within the established regulated 

areas without approval from the Captain 

of the Port Key West or designated 

representative. The Coast Guard may be 

assisted by other Federal, State, or local 

law enforcement agencies in enforcing 

this regulation. 

The Coast Guard will provide notice 

of the regulated area by Local Notice to 

Mariners and Broadcast Notice to 

Mariners. If the Captain of the Port Key 

West determines that the regulated area 

need not be enforced for the full 

duration stated in this publication, he or 

she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the regulated area. 

Dated: August 27, 2018. 

F.S. Rego, 

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

Port Key West. 

[FR Doc. 2018–18931 Filed 8–30–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 200 

RIN 1810–AB43 and 1810–AB44 

Outdated or Superseded Regulations: 

Title I, Parts A Through C; Christa 

McAuliffe Fellowship Program; and 

Empowerment Zone or Enterprise 

Community—Priority; Correction 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Correcting amendment. 

SUMMARY: On August 22, 2018, the 

Secretary published a final rule 

amending the Code of Federal 

Regulations (CFR) by removing outdated 

or superseded regulations, which are no 

longer needed for the reasons discussed 

in the rule. There was a clerical error in 

one of the amendments that prevented 

two CFR sections from being removed. 

This document corrects that error. 

DATES: This correction is effective 

August 31, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Anna Lieth, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 3W337, Washington, DC 20202. 

Telephone: (202) 453–5682. Email: 

Anna.Lieth@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: The 

Department is correcting a clerical error 

in an amendment in FR Rule Doc. No. 

2018–17480, which published on 

August 22, 2018, at 83 FR 42440. The 

rule removed outdated or superseded 

regulations in 34 CFR parts 200, 237, 

and 299. One of the amendments to part 

200 intended to remove §§ 200.55 

through 200.57. The heading to the 

amendment reflected that section span 

but its corresponding instruction 

(instruction 8) directed the removal of 

§ 200.57 only. This document correctly 

removes §§ 200.55 and 200.56 as 

originally intended in the August 22, 

2018, rule. 

List of Subjects in 34 CFR Part 200 

Education of disadvantaged, 

Elementary and secondary education, 

Grant programs-education, Indianseducation, Infants and children, 

Juvenile delinquency, Migrant labor, 

Private schools, Reporting and 

recordkeeping requirements. 

Dated: August 28, 2018. 

Frank Brogan, 

Assistant Secretary for Elementary and 

Secondary Education. 

For reasons discussed in the 

preamble, the Secretary correctly 

amends 34 CFR part 200 as follows: 

PART 200—TITLE I—IMPROVING THE 

ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

■ 1. The authority citation for part 200 

continues to read as follows: 

Authority: 20 U.S.C. 6301 through 6576, 

unless otherwise noted. 

§§ 200.55 and 200.56 [Removed and 

Reserved] 

■ 2. Remove and reserve §§ 200.55 and 

200.56. 

[FR Doc. 2018–18960 Filed 8–30–18; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0441; FRL–9983– 

07—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Infrastructure Requirements 

for the 2012 Fine Particulate Matter 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


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