Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules 45059 

support understanding of industry-wide 

activity and trends. 

The OCC invites comments on CRA 

recordkeeping and reporting 

requirements. The OCC notes that 

additional feedback on recordkeeping 

and reporting may be necessary if a new 

framework is proposed in a future 

rulemaking. 

29. Could the reporting of data 

gathered using a metric-based approach 

on a regular, periodic basis better 

support the tracking, monitoring, and 

comparison of CRA performance levels? 

30. How frequently should banks 

report CRA activity data for the OCC to 

evaluate and report on CRA 

performance under a revised regulatory 

framework? 

31. As required by law, and to the 

extent possible, the OCC attempts to 

minimize regulatory burden in its 

rulemakings consistent with the 

effective implementation of its statutory 

responsibilities. The OCC is committed 

to evaluating the economic impact of, 

and costs and benefits associated with, 

any changes that are proposed to the 

CRA regulations. Under the current 

regulatory framework, what are the 

annual costs, in dollars or staff hours, 

associated with CRA-related data 

collection, recordkeeping, and 

reporting? 

D. Additional Options or Approaches 

The OCC invites other ideas and 

options for modernizing the CRA 

regulatory framework not identified in 

this ANPR. 

Dated: August 28, 2018. 

Joseph M. Otting, 

Comptroller of the Currency. 

[FR Doc. 2018–19169 Filed 9–4–18; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0832] 

RIN 1625–AA00 

Safety Zone; Head of the Buffalo 

Regatta; Buffalo River, Buffalo, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for 

certain waters of the Buffalo River 

during the Head of the Buffalo Regatta. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in the safety zone unless authorized by 

the Captain of the Port Buffalo or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before October 5, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0832 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LTJG Sean 

Dolan, Chief of Waterways Management, 

U.S. Coast Guard Sector Buffalo; 

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, Purpose, and Legal 

Basis 

On August 16, 2018, the Buffalo 

Scholastic Rowing Association notified 

the Coast Guard that it would be 

conducting a rowing regatta from 8:00 

a.m. to 6:00 p.m. on October 20, 2018, 

in conjunction with the Head of the 

Buffalo Regatta. The rowing vessels will 

launch for their warmup from the Ohio 

St. Kayak Launch, at position 

42°51′55.9′′ N, 78°52′07.2′′ W, then 

proceed to travel upriver to turnaround 

at position 42°51′36.7′′ N, 78°50′56.0′′ 

W. The race will then begin at position 

42°51′40.0′′ N, 78°50′56.5′′ W, and 

proceed downriver to the finish line 

near the Ohio St. bridge at position 

42°52′17.5′′ N, 78°52′21.0′′ W. 

Participants will then proceed further 

upriver to the turnaround point located 

at position 42°52′19.4′′ N, 78°52′25.3′′ 

W, and return to the starting point. The 

Captain of the Port Buffalo (COTP) has 

determined that potential hazards 

associated with rowboat races would be 

a safety concern for anyone within that 

stretch of the Buffalo River. 

The purpose of this rulemaking is to 

enhance the safety of vessels and racers 

on the navigable waters within the 

above stated points, before, during, and 

after the scheduled event. The Coast 

Guard proposes this rulemaking under 

authority 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

temporary safety zone to be enforced 

intermittently from 8:00 a.m. until 6:00 

p.m. on October 20, 2018. The safety 

zone will cover all navigable waters 

between the two points starting at 

position 42°52′19.4′′ N, 78°52′25.3′′ W, 

and ending at position 42°51′36.7′′ N, 

78°50′56.0′′ W, on the Buffalo River, 

Buffalo, NY. The duration of the zone is 

intended to ensure the safety of vessels 

and these navigable waters before, 

during, and after the scheduled rowboat 

races between 8:00 a.m. and 6:00 p.m. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. The 

regulatory text we are proposing appears 

at the end of this document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

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-day of the safety zone. 

Vessel traffic would not be able to safely 

transit around this safety zone, which 

would impact a small designated area of 

the Buffalo River. However, the Coast 

Guard would issue a Broadcast Notice to 

Mariners 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 


daltland on DSKBBV9HB2PROD with PROPOSALS
45060 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules 

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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed 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. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed rule has 

implications for federalism or Indian 

tribes, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed 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 made a 

preliminary determination 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 proposed rule 

involves establishing a safety zone 

lasting 10 hours that would prohibit 

entry into the waters contained within 

a 3.1-mile stretch of the Buffalo River. 

Normally such actions are 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 preliminary Record 

of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to https://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit https://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at https://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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 proposes to 

amend 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.T09–0832 to read as 

follows: 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules 45061 

§ 165.T09–0832 Safety Zone; Head of the 

Buffalo Regatta; Buffalo River, Buffalo, NY. 

(a) Location. The safety zone will 

encompass all waters of the Buffalo 

River, Buffalo, NY, beginning at position 

42°52′19.4′′ N, 78°52′25.3′′ W to 

42°51′36.7′′ N, 78°50′56.0′′ W. 

(b) Enforcement Period. This rule is 

effective from 8:00 a.m. until 6:30 p.m. 

on October 20, 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 28, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–19192 Filed 9–4–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2018–0395; FRL–9982– 

64—Region 6] 

Louisiana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Louisiana 

Department of Environmental Quality 

(LDEQ) has applied to the 

Environmental Protection Agency (EPA) 

for final authorization of the changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The EPA has reviewed 

Louisiana’s application, and has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization and is proposing to 

authorize the State’s changes. The EPA 

is seeking public comment prior to 

taking final action. 

DATES: Comments on this proposed rule 

must be received by October 5, 2018. 

ADDRESSES: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Email: patterson.alima@epa.gov. 

• Fax: (214) 665–6762 (prior to 

faxing, please notify Alima Patterson at 

(214) 665–8533). 

• Mail: Alima Patterson, Regional 

Authorization/Codification Coordinator, 

RCRA Permit Section (6MM–RP), 

Multimedia Division, EPA Region 6, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. 

• Hand Delivery or Courier: Deliver 

your comments to Alima Patterson, 

Regional Authorization/Codification 

Coordinator, RCRA Permit Section 

(6MM–RP), Multimedia Division, EPA 

Region 6, 1445 Ross Avenue, Suite 

1200, Dallas, Texas 75202–2733. 

Instructions: EPA must receive your 

comments by October 5, 2018. Direct 

your comments to Docket ID Number 

EPA–R06–RCRA–2018–0395. The EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov, or email. The 

Federal regulations.gov website is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with CD you submit. If 

the EPA cannot read your comment due 

to technical difficulties and cannot 

contact you for clarification, the EPA 

may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. (For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at http:// 

www.regulations.gov). 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov, or in hard copy. 

You can view and copy Louisiana’s 

application and associated publicly 

available materials from 8:30 a.m. to 

4:00 p.m. Monday through Friday at the 

following locations: Louisiana 

Department of Environmental Quality, 

602 N Fifth Street, Baton Rouge, 

Louisiana 70884–2178, phone number 

(225) 219–3559 and EPA, Region 6, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733, phone number (214) 665– 

8533. The public is advised to call in 

advance to verify business hours. 

Interested persons wanting to examine 

these documents should make an 

appointment with the office at least two 

weeks in advance. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson, Region 6, Regional 

Authorization/Codification Coordinator, 

Permit Section (6MM–RP), Multimedia 

Division, (214) 665–8533, EPA Region 6, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733, and Email address 

patterson.alima@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 


daltland on DSKBBV9HB2PROD with PROPOSALS