80_FR_70907 80 FR 70687 - Safety Zone; Unknown Substance in the Vicinity of Kelley's Island Shoal, Lake Erie; Kelley's Island, OH

80 FR 70687 - Safety Zone; Unknown Substance in the Vicinity of Kelley's Island Shoal, Lake Erie; Kelley's Island, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range70687-70689
FR Document2015-29171

The Coast Guard is establishing a temporary safety zone in the waters of the Lake Erie in the vicinity of Kelley's Island Shoal, OH. This zone is intended to restrict vessels from a portion of Lake Erie due to the presence of an unknown substance emanating from an unknown vessel. This temporary safety zone is necessary to protect people and vessels from the hazards associated with this event.

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015) 
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Rules and Regulations]
[Pages 70687-70689]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29171]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0994]
RIN 1625-AA00


Safety Zone; Unknown Substance in the Vicinity of Kelley's Island 
Shoal, Lake Erie; Kelley's Island, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Lake Erie in the vicinity of Kelley's Island Shoal, OH. 
This zone is intended to restrict vessels from a portion of Lake Erie 
due to the presence of an unknown substance emanating from an unknown 
vessel. This temporary safety zone is necessary to protect people and 
vessels from the hazards associated with this event.

DATES: This rule is effective without actual notice from November 16, 
2015 until 8 p.m. November 24, 2015. For the purposes of enforcement, 
actual notice will be used from 2 p.m. October 25, 2015, until November 
16, 2015.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2015-0994 and are available online 
by going to www.regulations.gov, type the docket number in the 
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the 
line associated with this rulemaking. They are also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

[[Page 70688]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, contact or email LT Jennifer Disco, U.S. Coast 
Guard Marine Safety Unit Toledo, telephone (419) 418-6000, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final 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 doing so would be 
impracticable. The Coast Guard received notification of the unknown 
substance emanating from an unknown vessel on the evening of October 
23, 2015. Thus, waiting for a notice and comment period to run would 
inhibit the Coast Guard from protecting the public and vessels from the 
possible hazards associated with this unknown substance.
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has 
determined that a temporary safety zone is necessary to ensure the 
safety of vessels from the unknown hazards associated with this 
substance. Such hazards include the possibility of an inhalation hazard 
that may cause death or serious bodily harm.
    Establishing a safety zone to control vessel movements around the 
location of the unknown substance will help ensure the safety of 
persons and property during assessment and response activities and help 
minimize the associated risks. Therefore, this rule will remain in 
place for the time stated herein but will be canceled if response 
activities cease before 24 November 2015.

IV. Discussion of Rule

    This rule establishes a safety zone from 2 p.m. on October 25, 2015 
until 8 p.m. on November 24, 2015. The safety zone will encompass all 
U.S. navigable waters of Lake Erie within a 1000 foot radius of 
41[deg]38'21'' N., 82[deg]29'35'' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP or a designated 
representative. Vessel operators must contact the COTP or his on-scene 
representative to obtain permission to transit through this safety 
zone. The COTP or his 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 these statutes and executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 
13563, Improving Regulation and Regulatory Review, and does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
E.O. 12866 or under section 1 of E.O. 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action 
because 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 duration, and it 
is designed to minimize the impact on navigation. Moreover, under 
certain conditions, vessels may still transit through the safety zone 
when permitted by the COTP.

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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in designated portions of Lake Erie from 2 p.m. on 
October 25, 2015 until 8 p.m. on November 24, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zone, Coast Guard Sector Detroit will issue a local 
Broadcast Notice to Mariners so vessel owners and operators can plan 
accordingly.
    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 so that they can better evaluate 
its effects on them. If this 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 above. The 
Coast Guard will not retaliate against 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 Tribal Implications

    A rule has implications for federalism under E.O. 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 determined 
that this rule does not have implications for federalism.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it would not have a substantial direct

[[Page 70689]]

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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves the establishment of a safety zone and is therefore 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are 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 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.

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not create an environmental risk 
to health or risk to safety that may disproportionately affect 
children.

K. Energy Effects

    This action is not a ``significant energy action'' under E.O. 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping 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

0
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.

0
2. Add Sec.  165.T09-0994 to read as follows:


Sec.  165.T09-0994  Safety Zone; Unknown Substance in the Vicinity of 
Kelley's Island Shoal, Lake Erie; Kelley's Island, OH.

    (a) Location. The following area is a temporary safety zone: 
Unknown substance from an unknown vessel in the vicinity of Kelley's 
Island Shoal, Lake Erie; Kelley's Island, OH. The safety zone will 
encompass all U.S. navigable waters of Lake Erie within a 1000 foot 
radius of 41[deg]38'21'' N, 82[deg]29'35'' W. All coordinates are North 
American Datum 1983 (NAD 83).
    (b) Enforcement period. The safety zone described in paragraph (a) 
of this section will be enforced from 2 p.m. on October 25, 2015 until 
8 p.m. on November 24, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within these safety 
zone is prohibited unless authorized by the Captain of the Port, Sector 
Detroit (COTP) or his designated on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP, via the Command Center, or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the COTP to act on 
his behalf.
    (4) Vessel operators must contact the COTP via the Command Center 
to obtain permission to enter or operate within the safety zone. The 
COTP may be contacted via VHF Channel 16 or at 313-568-9560. Vessel 
operators given permission to enter or operate in the safety zone must 
comply with all directions given to them by the COTP, via the Sector 
Command Center or his on-scene representative.

    Dated: October 25, 2015.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2015-29171 Filed 11-13-15; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations 70687 (ii) Conclusion. The amendment satisfies must be determined on a participant-by- collective bargaining agreements the rule of paragraph (e)(3)(vi)(C)(7) of this participant basis which account balance terminates (determined without regard section. provides the benefit that is greater as of the to any extension thereof on or after Example 10. (i) Facts. A plan credits applicable amendment date for the amendment made pursuant to this paragraph November 13, 2015). interest for a plan year using the rate of return on a RIC that has most of its (e)(3)(iv) (the transitional amendment). If, as * * * * * investments concentrated in the of the applicable amendment date for the transitional amendment, the account balance John Dalrymple, semiconductor industry. (ii) Conclusion. Pursuant to paragraph credited with interest after the change in Deputy Commissioner for Services and (e)(3)(vi)(C)(9) of this section, the plan must rates using the yield on 30-year Treasury Enforcement. be amended in one of two manners. The plan Constant Maturities is greater, then the plan Approved: November 3, 2015. may be amended to provide for an interest must be amended to provide that the Mark J. Mazur, crediting rate that is an investment-based rate participant’s benefit is based solely on that Assistant Secretary of the Treasury (Tax that is described in paragraph (d)(5) of this account balance credited with interest using Policy). section and that is similar to the plan’s the yield on 30-year Treasury Constant impermissible investment-based rate except Maturities. On the other hand, if, as of the [FR Doc. 2015–28915 Filed 11–13–15; 8:45 am] to the extent that the risk and return applicable amendment date for the BILLING CODE 4830–01–P characteristics of the impermissible transitional amendment, the account balance investment-based rate caused it to be using the rate of return on aggregate plan impermissible. Thus, the plan may be assets is greater, then the plan must be amended to provide for an interest crediting amended to provide that the participant’s DEPARTMENT OF HOMELAND rate based on the rate of return on a RIC that benefit is based solely on that account SECURITY is invested in a broader sector of the market balance credited with interest at the rate of than the semiconductor industry (such as the return on aggregate plan assets. Coast Guard overall technology sector of the market), (vii) Plan termination amendments. A provided that the sector in which the RIC is 33 CFR Part 165 invested is broad enough that the volatility plan amendment with an applicable requirements of paragraph (d)(5)(iv) of this amendment date on or before the first [Docket No. USCG–2015–0994] section are satisfied. Alternatively, the plan day of the first plan year described in may be amended to provide that the plan’s paragraph (f)(2)(i)(B)(1) or (3) of this RIN 1625–AA00 interest crediting rate is a third segment rate section (as applicable) is not treated as described in paragraph (d)(3) of this section reducing accrued benefits in violation of Safety Zone; Unknown Substance in with a fixed minimum rate of 4 percent. section 411(d)(6) merely because the the Vicinity of Kelley’s Island Shoal, Example 11. (i) Facts. A plan was amended amendment changes the rules that apply Lake Erie; Kelley’s Island, OH in 2014 to change its interest crediting rate upon plan termination in order to for all interest crediting periods after the AGENCY: Coast Guard, DHS. applicable amendment date of the satisfy the requirements of paragraph ACTION: Temporary final rule. amendment. The amendment changed the (e)(2) of this section. rate from the yield on 30-year Treasury * * * * * SUMMARY: The Coast Guard is Constant Maturities to the rate of return on (f) * * * establishing a temporary safety zone in aggregate plan assets under paragraph (2) * * * the waters of the Lake Erie in the (d)(5)(ii)(A) of this section. The amendment (i) * * * vicinity of Kelley’s Island Shoal, OH. also provided for section 411(d)(6) protection (B) Special effective date—(1) In This zone is intended to restrict vessels with respect to the account balance as of the general. Except as otherwise provided from a portion of Lake Erie due to the applicable amendment date (by providing in this paragraph (f)(2)(i)(B), paragraphs that the account balance after the applicable presence of an unknown substance (d)(1)(iii), (d)(1)(iv)(D) and (E), (d)(1)(vi), emanating from an unknown vessel. amendment date will never be smaller than (d)(2)(ii) and (v), (d)(5)(ii)(B), (d)(5)(iv), This temporary safety zone is necessary the account balance as of the applicable amendment date credited with interest using (d)(6), (e)(2), (e)(3)(iii), (iv) and (v), and to protect people and vessels from the the yield on 30-year Treasury Constant (e)(4) of this section apply to plan years hazards associated with this event. Maturities). that begin on or after January 1, 2017 (or DATES: This rule is effective without (ii) Conclusions. (A) Participants benefiting an earlier date as elected by the actual notice from November 16, 2015 under the plan. With respect to those taxpayer). participants who were benefiting under the (2) Transitional amendments. until 8 p.m. November 24, 2015. For the plan as of the applicable amendment date of Paragraphs (e)(3)(vi) and (vii) of this purposes of enforcement, actual notice the amendment described in paragraph (i) of section apply to plan amendments made will be used from 2 p.m. October 25, this Example 11, the requirements of on or after September 18, 2014 (or an 2015, until November 16, 2015. paragraph (e)(3)(iii) of this section (which ADDRESSES: Documents indicated in this earlier date as elected by the taxpayer). provides a special market rate of return rule preamble as being available in the to permit certain changes in rates for (3) Collectively bargained plans. In the case of a plan maintained pursuant docket are part of docket USCG–2015– participants benefiting under the plan) are satisfied. Accordingly, no amendment is to one or more collective bargaining 0994 and are available online by going required under this paragraph (e)(3)(vi) with agreements between employee to www.regulations.gov, type the docket respect to those participants. representatives and one or more number in the ‘‘SEARCH’’ box and click (B) Participants not benefiting under the employers ratified on or before ‘‘SEARCH.’’ Click on Open Docket plan. With respect to those participants who November 13, 2015, that constitutes a Folder on the line associated with this were not benefiting under the plan as of the collectively bargained plan under the rulemaking. They are also available for asabaliauskas on DSK5VPTVN1PROD with RULES applicable amendment date of the rules of § 1.436–1(a)(5)(ii)(B), the inspection or copying at the Docket amendment described in paragraph (i) of this Management Facility (M–30), U.S. Example 11, the requirements of paragraph paragraphs referenced in paragraph (f)(2)(i)(B)(1) of this section apply to Department of Transportation, West (e)(3)(iii) of this section are not satisfied and, accordingly, the ‘‘greater-of’’ rate resulting plan years that begin on or after the later Building Ground Floor, Room W12–140, from the section 411(d)(6) protection does of— 1200 New Jersey Avenue SE., not satisfy the requirements of paragraph (i) January 1, 2017; and Washington, DC 20590, between 9 a.m. (d)(6) of this section. As a result, pursuant to (ii) The earlier of January 1, 2019; and and 5 p.m., Monday through Friday, paragraph (e)(3)(vi)(B)(5) of this section, it the date on which the last of those except Federal holidays. VerDate Sep<11>2014 16:20 Nov 13, 2015 Jkt 238001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1

70688 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: If ensure the safety of persons and the potential impact of regulations on you have questions on this temporary property during assessment and small entities during rulemaking. The final rule, contact or email LT Jennifer response activities and help minimize term ‘‘small entities’’ comprises small Disco, U.S. Coast Guard Marine Safety the associated risks. Therefore, this rule businesses, not-for-profit organizations Unit Toledo, telephone (419) 418–6000, will remain in place for the time stated that are independently owned and email Jennifer.M.Disco@USCG.MIL. herein but will be canceled if response operated and are not dominant in their SUPPLEMENTARY INFORMATION: activities cease before 24 November fields, and governmental jurisdictions 2015. with populations of less than 50,000. I. Table of Abbreviations The Coast Guard certifies under 5 U.S.C. IV. Discussion of Rule 605(b) that this rule would not have a COTP Captain of the Port This rule establishes a safety zone DHS Department of Homeland Security significant economic impact on a E.O. Executive Order from 2 p.m. on October 25, 2015 until substantial number of small entities. NAD 83 North American Datum of 1983 8 p.m. on November 24, 2015. The This rule will affect the following safety zone will encompass all U.S. entities, some of which might be small II. Background Information and navigable waters of Lake Erie within a entities: The owners or operators of Regulatory History 1000 foot radius of 41°38′21″ N., vessels intending to transit or anchor in 82°29′35″ W. (NAD 83). designated portions of Lake Erie from 2 The Coast Guard is issuing this Entry into, transiting, or anchoring p.m. on October 25, 2015 until 8 p.m. temporary final rule without prior within the safety zone is prohibited on November 24, 2015. notice and opportunity to comment unless authorized by the COTP or a This safety zone will not have a pursuant to authority under section 4(a) designated representative. Vessel significant economic impact on a of the Administrative Procedure Act operators must contact the COTP or his substantial number of small entities for (APA) (5 U.S.C. 553(b)). This provision on-scene representative to obtain the reasons cited in the Regulatory authorizes an agency to issue a rule permission to transit through this safety Planning and Review section. without prior notice and opportunity to zone. The COTP or his on-scene Additionally, before the enforcement of comment when the agency, for good representative may be contacted via the zone, Coast Guard Sector Detroit cause, finds that those procedures are VHF Channel 16. will issue a local Broadcast Notice to ‘‘impracticable, unnecessary, or contrary Mariners so vessel owners and operators to the public interest.’’ Under 5 U.S.C. V. Regulatory Analyses can plan accordingly. 553(b)(B), the Coast Guard finds that We developed this rule after Under section 213(a) of the Small good cause exists for not publishing a considering numerous statutes and Business Regulatory Enforcement notice of proposed rulemaking (NPRM) executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), with respect to this rule because doing Below we summarize our analyses we want to assist small entities in so would be impracticable. The Coast based on these statutes and executive understanding this rule so that they can Guard received notification of the orders. better evaluate its effects on them. If this unknown substance emanating from an rule would affect your small business, unknown vessel on the evening of A. Regulatory Planning and Review organization, or governmental October 23, 2015. Thus, waiting for a This rule is not a significant jurisdiction and you have questions notice and comment period to run regulatory action under section 3(f) of concerning its provisions or options for would inhibit the Coast Guard from E.O. 12866, Regulatory Planning and compliance, please contact the person protecting the public and vessels from Review, as supplemented by E.O. 13563, listed in the FOR FURTHER INFORMATION the possible hazards associated with Improving Regulation and Regulatory CONTACT section above. The Coast Guard this unknown substance. Review, and does not require an will not retaliate against entities that Under 5 U.S.C. 553(d)(3), The Coast assessment of potential costs and question or complain about this rule or Guard finds that good cause exists for benefits under section 6(a)(3) of E.O. any policy or action of the Coast Guard. making this temporary rule effective less 12866 or under section 1 of E.O. 13563. than 30 days after publication in the The Office of Management and Budget C. Collection of Information Federal Register. For the same reasons has not reviewed it under those Orders. This rule will not call for a new discussed in the preceding paragraph, We conclude that this rule is not a collection of information under the waiting for a 30 day notice period to run significant regulatory action because we Paperwork Reduction Act of 1995 (44 would be impracticable and contrary to anticipate that it will have minimal U.S.C. 3501–3520). the public interest. impact on the economy, will not interfere with other agencies, will not D. Federalism and Tribal Implications III. Legal Authority and Need for Rule A rule has implications for federalism adversely alter the budget of any grant The Coast Guard is issuing this rule or loan recipients, and will not raise any under E.O. 13132, Federalism, if it has under authority in 33 U.S.C. 1231, 33 novel legal or policy issues. The safety a substantial direct effect on the States, CFR 1.05–1 and 160.5; and Department zone created by this rule will be on the relationship between the national of Homeland Security Delegation No. relatively small and enforced for a government and the States, or on the 0170.1. The Captain of the Port Detroit relatively short duration, and it is distribution of power and (COTP) has determined that a temporary designed to minimize the impact on responsibilities among the various safety zone is necessary to ensure the navigation. Moreover, under certain levels of government. We have analyzed asabaliauskas on DSK5VPTVN1PROD with RULES safety of vessels from the unknown conditions, vessels may still transit this rule under that Order and hazards associated with this substance. through the safety zone when permitted determined that this rule does not have Such hazards include the possibility of by the COTP. implications for federalism. an inhalation hazard that may cause Also, this rule does not have tribal death or serious bodily harm. B. Impact on Small Entities implications under E.O. 13175, Establishing a safety zone to control The Regulatory Flexibility Act of Consultation and Coordination with vessel movements around the location 1980, 5 U.S.C. 601–612, as amended, Indian Tribal Governments, because it of the unknown substance will help requires Federal agencies to consider would not have a substantial direct VerDate Sep<11>2014 16:20 Nov 13, 2015 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1

Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations 70689 effect on one or more Indian tribes, on taking implications under E.O. 12630, into, transiting, or anchoring within the relationship between the Federal Governmental Actions and Interference these safety zone is prohibited unless Government and Indian tribes, or on the with Constitutionally Protected Property authorized by the Captain of the Port, distribution of power and Rights. Sector Detroit (COTP) or his designated responsibilities between the Federal on-scene representative. I. Civil Justice Reform Government and Indian tribes. If you (2) The safety zone is closed to all believe this rule has implications for This rule meets applicable standards vessel traffic, except as may be federalism or Indian tribes, please in sections 3(a) and 3(b)(2) of E.O. permitted by the COTP, via the contact the person listed in the FOR 12988, Civil Justice Reform, to minimize Command Center, or his designated on- FURTHER INFORMATION CONTACT section litigation, eliminate ambiguity, and scene representative. above. reduce burden. (3) The ‘‘on-scene representative’’ of J. Protection of Children the COTP is any Coast Guard E. Unfunded Mandates Reform Act commissioned, warrant or petty officer The Unfunded Mandates Reform Act We have analyzed this rule under E.O. or a Federal, State, or local law of 1995 (2 U.S.C. 1531–1538) requires 13045, Protection of Children from enforcement officer designated by or Federal agencies to assess the effects of Environmental Health Risks and Safety assisting the COTP to act on his behalf. their discretionary regulatory actions. In Risks. This rule is not an economically (4) Vessel operators must contact the particular, the Act addresses actions significant rule and does not create an COTP via the Command Center to that may result in the expenditure by a environmental risk to health or risk to obtain permission to enter or operate State, local, or tribal government, in the safety that may disproportionately affect within the safety zone. The COTP may aggregate, or by the private sector of children. be contacted via VHF Channel 16 or at $100,000,000 (adjusted for inflation) or K. Energy Effects 313–568–9560. Vessel operators given more in any one year. Though this rule permission to enter or operate in the This action is not a ‘‘significant will not result in such expenditure, we safety zone must comply with all energy action’’ under E.O. 13211, do discuss the effects of this rule directions given to them by the COTP, Actions Concerning Regulations That elsewhere in this preamble. via the Sector Command Center or his Significantly Affect Energy Supply, F. Environment Distribution, or Use. on-scene representative. We have analyzed this rule under Dated: October 25, 2015. List of Subjects in 33 CFR Part 165 Department of Homeland Security Scott B. Lemasters, Harbors, Marine Safety, Navigation Captain, U.S. Coast Guard, Captain of the Management Directive 023–01 and (water), Reporting and record keeping Port Detroit. Commandant Instruction M16475.lD, requirements, Security measures, which guide the Coast Guard in [FR Doc. 2015–29171 Filed 11–13–15; 8:45 am] Waterways. complying with the National BILLING CODE 9110–04–P Environmental Policy Act of 1969 For the reasons discussed in the (NEPA) (42 U.S.C. 4321–4370f), and preamble, the Coast Guard amends 33 have concluded this action is one of a CFR part 165 as follows: ENVIRONMENTAL PROTECTION category of actions which do not AGENCY PART 165—REGULATED NAVIGATION individually or cumulatively have a AREAS AND LIMITED ACCESS AREAS 40 CFR Part 52 significant effect on the human environment. This rule involves the ■ 1. The authority citation for part 165 [EPA–R09–OAR–2014–0256; FRL–9936–77– establishment of a safety zone and is continues to read as follows: Region 9] therefore categorically excluded from Authority: 33 U.S.C. 1231; 50 U.S.C. 191; further review under paragraph 34(g) of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Approval and Promulgation of Figure 2–1 of the Commandant Department of Homeland Security Delegation Implementation Plans; Arizona; Instruction. An environmental analysis No. 0170.1. Phased Discontinuation of Stage II checklist supporting this determination ■ 2. Add § 165.T09–0994 to read as Vapor Recovery Program and a Categorical Exclusion follows: Determination are available in the AGENCY: Environmental Protection docket where indicated under § 165.T09–0994 Safety Zone; Unknown Agency (EPA). ADDRESSES. We seek any comments or Substance in the Vicinity of Kelley’s Island ACTION: Final rule. information that may lead to the Shoal, Lake Erie; Kelley’s Island, OH. discovery of a significant environmental (a) Location. The following area is a SUMMARY: The Environmental Protection impact from this rule. temporary safety zone: Unknown Agency (EPA) is taking final action to substance from an unknown vessel in approve a state implementation plan G. Protest Activities the vicinity of Kelley’s Island Shoal, (SIP) revision from the Arizona The Coast Guard respects the First Lake Erie; Kelley’s Island, OH. The Department of Environmental Quality Amendment rights of protesters. safety zone will encompass all U.S. related to the removal of ‘‘Stage II’’ Protesters are asked to contact the navigable waters of Lake Erie within a vapor recovery equipment at gasoline person listed in the FOR FURTHER 1000 foot radius of 41°38′21″ N, dispensing facilities in the Phoenix- INFORMATION CONTACT section to 82°29′35″ W. All coordinates are North Mesa area. Specifically, the EPA is asabaliauskas on DSK5VPTVN1PROD with RULES coordinate protest activities so that your American Datum 1983 (NAD 83). approving a SIP revision that eliminates message can be received without (b) Enforcement period. The safety the requirement to install and operate jeopardizing the safety or security of zone described in paragraph (a) of this such equipment at new gasoline people, places, or vessels. section will be enforced from 2 p.m. on dispensing facilities, and that provides October 25, 2015 until 8 p.m. on for the phased removal of such H. Taking of Private Property November 24, 2015. equipment at existing gasoline This rule will not cause a taking of (c) Regulations. (1) In accordance with dispensing facilities from October 2016 private property or otherwise have the general regulations in § 165.23, entry through September 2018. The EPA has VerDate Sep<11>2014 16:20 Nov 13, 2015 Jkt 238001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1


Document Created: 2015-12-14 14:12:48
Document Modified: 2015-12-14 14:12:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from November 16, 2015 until 8 p.m. November 24, 2015. For the purposes of enforcement, actual notice will be used from 2 p.m. October 25, 2015, until November 16, 2015.
ContactIf you have questions on this temporary final rule, contact or email LT Jennifer Disco, U.S. Coast Guard Marine Safety Unit Toledo, telephone (419) 418-6000, email [email protected]
FR Citation80 FR 70687 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways
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