82_FR_28356 82 FR 28238 - Safety Zone; Dunkirk Lakeshore Air Show; Lake Erie, Dunkirk, NY

82 FR 28238 - Safety Zone; Dunkirk Lakeshore Air Show; Lake Erie, Dunkirk, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 118 (June 21, 2017)

Page Range28238-28240
FR Document2017-12936

The Coast Guard is establishing a temporary safety zone on Lake Erie, Dunkirk, NY. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Dunkirk Lakeshore Air Show on July 1, 2017 and July 2, 2017. This temporary safety zone is necessary to protect participants, spectators, and vessels from the hazards associated with aerial stunts, low flying aircraft, and aircraft maneuvers. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo (COTP).

Federal Register, Volume 82 Issue 118 (Wednesday, June 21, 2017)
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28238-28240]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12936]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0277]
RIN 1625-AA00


Safety Zone; Dunkirk Lakeshore Air Show; Lake Erie, Dunkirk, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie, Dunkirk, NY. This safety zone is intended to restrict 
vessels from a portion of Lake Erie during the Dunkirk Lakeshore Air 
Show on July 1, 2017 and July 2, 2017. This temporary safety zone is 
necessary to protect participants, spectators, and vessels from the 
hazards associated with aerial stunts, low flying aircraft, and 
aircraft maneuvers. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Buffalo (COTP).

DATES: This rule is effective from 12:45 p.m. on July 1, 2017, to 5:15 
p.m. on July 2, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0277 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 about this 
proposed rulemaking, call or email LT Michael Collet, Chief of 
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9322, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  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 finds good cause that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(3)(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 and contrary to the public interest. The final details 
for this event were not provided to the Coast Guard until there was 
insufficient time remaining before the event to publish an NPRM. Thus, 
delaying the effective date of this rule to wait for a comment period 
to run would be both impracticable and contrary to the public interest 
because it would inhibit the Coast Guard's ability to protect 
spectators and vessels from the hazards associated with an air show 
over a navigable waterway.
    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 because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters and protection of persons and 
vessels near the event.

III. Legal Authority and Need for Rule

    The Coast Guard issues this rule under authority in 33 U.S.C. 1231. 
On July 1, 2017 and July 2, 2017, between 12:45 p.m. and 5:15 p.m. each 
day, an air show will be held on the shoreline of Lake Erie in Dunkirk, 
NY. It is anticipated that there will be a heavy amount of recreational 
boating traffic present to view the air show. The Captain of the Port 
Buffalo has determined that potential hazards associated with an air 
show over a navigable waterway pose a significant risk to public safety 
and property within the immediate location of the show.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12:45 p.m. to 5:15 p.m. on 
July 1, 2017 and July 2, 2017. The safety zone will encompass all 
waters of Lake Erie;

[[Page 28239]]

Dunkirk, NY starting at position 42[deg]29'22'' N. and 079[deg]20'30'' 
W. then Northwest to 42[deg]29'37'' N. and 079[deg]20'41'' W. then 
Northeast to position 42[deg]30'11'' N. and 079[deg]19'23'' W. then 
Southeast to position 42[deg]30'05'' N. and 079[deg]19'08'' W. and then 
following the shoreline and breakwall to the point of origin (NAD 83). 
The duration of the zone is intended to ensure the safety of spectators 
and vessels during the Dunkirk Lakeshore Air Show. No vessel or person 
will be permitted to enter the safety zone without obtaining permission 
from the COTP or a designated representative.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    This rule has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    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 time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 it 
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 
under section 2.B.2, figure 2-1, paragraph 34(g) of the

[[Page 28240]]

Instruction, which pertains to establishment of safety zones. A Record 
of Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

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

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.T09-0277 to read as follows:


Sec.  165.T09-0277   Safety Zone; Dunkirk Lakeshore Air Show; Lake 
Erie, Dunkirk, NY.

    (a) Location. This zone will encompass all waters of Lake Erie; 
Dunkirk, NY starting at position 42[deg]29'22'' N. and 079[deg]20'30'' 
W. then Northwest to 42[deg]29'37'' N. and 079[deg]20'41'' W. then 
Northeast to position 42[deg]30'11'' N. and 079[deg]19'23'' W. then 
Southeast to position 42[deg]30'05'' N. and 079[deg]19'08'' W. and then 
following the shoreline and breakwall to the point of origin (NAD 83).
    (b) Enforcement period. This regulation will be enforced from 12:45 
p.m. until 5:15 p.m. on July 1, 2017 and July 2, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  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: June 13, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-12936 Filed 6-20-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                  28238             Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations

                                                       TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued
                                                                                                                                                                                               Sector Upper
                                                                Date                                                    Sponsor/name                                                            Mississippi                               Safety zone
                                                                                                                                                                                               River location

                                                  40. 2 days—1st weekend of           City of Keithsburg/Keithsburg Fireworks Display ........................                     Keithsburg, IL ...........................    Upper Mississippi River mile
                                                    September.                                                                                                                                                                     marker 427.5 to 427.3.
                                                  41. 1 day—4th of July weekend       City of East Moline/City of East Moline Fireworks .....................                      East Moline, IA .........................     Upper Mississippi River mile
                                                                                                                                                                                                                                   marker 490.2 to 489.8.
                                                  42. 2nd Weekend in August ......    Lansing Lion’s Club/Lansing Fish Days Fireworks .....................                        Lansing, IA ...............................   Upper Mississippi River mile
                                                                                                                                                                                                                                   marker 662.8–663.9.
                                                  43. 3rd Weekend in August .......   River Action/Floatzilla ..................................................................   Rock Island, Illinois ..................      Upper Mississippi River mile
                                                                                                                                                                                                                                   marker 479.0–486.0.
                                                  44. 1 day—Weekend before            Main Street Parkway Association/Parkville Christmas on the                                   Parkville, MO ............................    Missouri River mile marker
                                                    Thanksgiving.                       River.                                                                                                                                     377.5 to 378.0.
                                                  45. 1 day—4th of July weekend       City of Marquette/Marquette Independence Day Celebration ....                                Marquette, IA ............................    Upper Mississippi River mile
                                                                                                                                                                                                                                   marker 634.2 to 635.7.
                                                  46. 1 day—1st Weekend in            St. Louis Brewers Guild Festival Fireworks ................................                  St. Louis, MO ...........................     Upper Mississippi River mile
                                                    June.                                                                                                                                                                          marker 179.2–180.
                                                  47. 1 day—4th Weekend in May        Lumiere Place/Memorial Day Fireworks .....................................                   St. Louis, MO ...........................     Upper Mississippi River mile
                                                                                                                                                                                                                                   marker 180–180.5.
                                                  48. 1 day—1st Weekend in July       Lumiere Place/4th of July Fireworks ...........................................              St. Louis, MO ...........................     Upper Mississippi River mile
                                                                                                                                                                                                                                   marker 180–180.5.
                                                  49. 1 day—1st Weekend in            Lumiere Place/Labor Day Fireworks ...........................................                St. Louis, MO ...........................     Upper Mississippi River mile
                                                    September.                                                                                                                                                                     marker 180–180.5.



                                                  *      *      *       *      *                                    available in the docket, go to http://                                         time remaining before the event to
                                                    Dated: June 15, 2017.                                           www.regulations.gov, type USCG–2017–                                           publish an NPRM. Thus, delaying the
                                                  M.L. Malloy,
                                                                                                                    0277 in the ‘‘SEARCH’’ box and click                                           effective date of this rule to wait for a
                                                                                                                    ‘‘SEARCH.’’ Click on Open Docket                                               comment period to run would be both
                                                  Captain, U.S. Coast Guard, Captain of the
                                                  Port Upper Mississippi River.
                                                                                                                    Folder on the line associated with this                                        impracticable and contrary to the public
                                                                                                                    rule.                                                                          interest because it would inhibit the
                                                  [FR Doc. 2017–12920 Filed 6–20–17; 8:45 am]
                                                                                                                    FOR FURTHER INFORMATION CONTACT: If                                            Coast Guard’s ability to protect
                                                  BILLING CODE 9110–04–P
                                                                                                                    you have questions about this proposed                                         spectators and vessels from the hazards
                                                                                                                    rulemaking, call or email LT Michael                                           associated with an air show over a
                                                  DEPARTMENT OF HOMELAND                                            Collet, Chief of Waterways Management,                                         navigable waterway.
                                                  SECURITY                                                          U.S. Coast Guard Sector Buffalo;                                                  Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                                    telephone 716–843–9322, email D09-                                             Guard finds that good cause exists for
                                                  Coast Guard                                                       SMB-SECBuffalo-WWM@uscg.mil.                                                   making this temporary rule effective less
                                                                                                                    SUPPLEMENTARY INFORMATION:                                                     than 30 days after publication in the
                                                  33 CFR Part 165                                                                                                                                  Federal Register because doing so
                                                                                                                    I. Table of Abbreviations
                                                                                                                                                                                                   would be impracticable and contrary to
                                                  [Docket Number USCG–2017–0277]                                    CFR Code of Federal Regulations                                                the public interest. Delaying the
                                                                                                                    DHS Department of Homeland Security                                            effective date would be contrary to the
                                                  RIN 1625–AA00
                                                                                                                    FR Federal Register                                                            rule’s objectives of ensuring safety of
                                                                                                                    NPRM Notice of proposed rulemaking
                                                  Safety Zone; Dunkirk Lakeshore Air                                Pub. L. Public Law
                                                                                                                                                                                                   life on the navigable waters and
                                                  Show; Lake Erie, Dunkirk, NY                                      § Section                                                                      protection of persons and vessels near
                                                                                                                    U.S.C. United States Code                                                      the event.
                                                  AGENCY:     Coast Guard, DHS.
                                                  ACTION:    Temporary final rule.                                  II. Background Information and                                                 III. Legal Authority and Need for Rule
                                                                                                                    Regulatory History                                                                The Coast Guard issues this rule
                                                  SUMMARY:    The Coast Guard is                                       The Coast Guard is issuing this                                             under authority in 33 U.S.C. 1231. On
                                                  establishing a temporary safety zone on                           temporary rule without prior notice and                                        July 1, 2017 and July 2, 2017, between
                                                  Lake Erie, Dunkirk, NY. This safety zone                          opportunity to comment pursuant to                                             12:45 p.m. and 5:15 p.m. each day, an
                                                  is intended to restrict vessels from a                            authority under section 4(a) of the                                            air show will be held on the shoreline
                                                  portion of Lake Erie during the Dunkirk                           Administrative Procedure Act (APA) (5                                          of Lake Erie in Dunkirk, NY. It is
                                                  Lakeshore Air Show on July 1, 2017 and                            U.S.C. 553(b)). This provision                                                 anticipated that there will be a heavy
                                                  July 2, 2017. This temporary safety zone                          authorizes an agency to issue a rule                                           amount of recreational boating traffic
                                                  is necessary to protect participants,                             without prior notice and opportunity to                                        present to view the air show. The
                                                  spectators, and vessels from the hazards                          comment when the agency finds good                                             Captain of the Port Buffalo has
                                                  associated with aerial stunts, low flying                         cause that those procedures are                                                determined that potential hazards
                                                  aircraft, and aircraft maneuvers. Entry of                        ‘‘impracticable, unnecessary, or contrary                                      associated with an air show over a
                                                  vessels or persons into this zone is                              to the public interest.’’ Under 5 U.S.C.                                       navigable waterway pose a significant
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  prohibited unless specifically                                    553(b)(3)(B), the Coast Guard finds that                                       risk to public safety and property within
                                                  authorized by the Captain of the Port                             good cause exists for not publishing a                                         the immediate location of the show.
                                                  Buffalo (COTP).                                                   notice of proposed rulemaking (NPRM)
                                                  DATES: This rule is effective from 12:45                                                                                                         IV. Discussion of the Rule
                                                                                                                    with respect to this rule because doing
                                                  p.m. on July 1, 2017, to 5:15 p.m. on                             so would be impracticable and contrary                                            This rule establishes a safety zone
                                                  July 2, 2017.                                                     to the public interest. The final details                                      from 12:45 p.m. to 5:15 p.m. on July 1,
                                                  ADDRESSES: To view documents                                      for this event were not provided to the                                        2017 and July 2, 2017. The safety zone
                                                  mentioned in this preamble as being                               Coast Guard until there was insufficient                                       will encompass all waters of Lake Erie;


                                             VerDate Sep<11>2014    17:29 Jun 20, 2017   Jkt 241001        PO 00000        Frm 00006         Fmt 4700       Sfmt 4700        E:\FR\FM\21JNR1.SGM              21JNR1


                                                                   Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations                                          28239

                                                  Dunkirk, NY starting at position                        zone created by this rule will be                      C. Collection of Information
                                                  42°29′22″ N. and 079°20′30″ W. then                     relatively small and enforced for a                      This rule will not call for a new
                                                  Northwest to 42°29′37″ N. and                           relatively short time. Also, the safety                collection of information under the
                                                  079°20′41″ W. then Northeast to                         zone is designed to minimize its impact                Paperwork Reduction Act of 1995 (44
                                                  position 42°30′11″ N. and 079°19′23″ W.                 on navigable waters. Furthermore, the                  U.S.C. 3501–3520).
                                                  then Southeast to position 42°30′05″ N.                 safety zone has been designed to allow
                                                  and 079°19′08″ W. and then following                    vessels to transit around it. Thus,                    D. Federalism and Indian Tribal
                                                  the shoreline and breakwall to the point                restrictions on vessel movement within                 Governments
                                                  of origin (NAD 83). The duration of the                 that particular area are expected to be                   A rule has implications for federalism
                                                  zone is intended to ensure the safety of                minimal. Under certain conditions,                     under Executive Order 13132,
                                                  spectators and vessels during the                       moreover, vessels may still transit                    Federalism, if it has a substantial direct
                                                  Dunkirk Lakeshore Air Show. No vessel                   through the safety zone when permitted                 effect on the States, on the relationship
                                                  or person will be permitted to enter the                by the Captain of the Port.                            between the national government and
                                                  safety zone without obtaining                                                                                  the States, or on the distribution of
                                                  permission from the COTP or a                           B. Impact on Small Entities
                                                                                                                                                                 power and responsibilities among the
                                                  designated representative.                                 The Regulatory Flexibility Act of                   various levels of government. We have
                                                  V. Regulatory Analyses                                  1980, 5 U.S.C. 601–612, as amended,                    analyzed this rule under that Order and
                                                                                                          requires Federal agencies to consider                  have determined that it is consistent
                                                    We developed this rule after                                                                                 with the fundamental federalism
                                                  considering numerous statutes and                       the potential impact of regulations on
                                                                                                          small entities during rulemaking. The                  principles and preemption requirements
                                                  Executive orders related to rulemaking.                                                                        described in Executive Order 13132.
                                                  Below we summarize our analyses                         term ‘‘small entities’’ comprises small
                                                                                                          businesses, not-for-profit organizations                  Also, this rule does not have tribal
                                                  based on a number of these statutes and                                                                        implications under Executive Order
                                                  Executive orders, and we discuss First                  that are independently owned and
                                                                                                          operated and are not dominant in their                 13175, Consultation and Coordination
                                                  Amendment rights of protestors.                                                                                with Indian Tribal Governments,
                                                                                                          fields, and governmental jurisdictions
                                                  A. Regulatory Planning and Review                       with populations of less than 50,000.                  because it does not have a substantial
                                                                                                          The Coast Guard certifies under 5 U.S.C.               direct effect on one or more Indian
                                                     Executive Orders 12866 and 13563                                                                            tribes, on the relationship between the
                                                  direct agencies to assess the costs and                 605(b) that this rule will not have a
                                                                                                          significant economic impact on a                       Federal Government and Indian tribes,
                                                  benefits of available regulatory                                                                               or on the distribution of power and
                                                  alternatives and, if regulation is                      substantial number of small entities.
                                                                                                                                                                 responsibilities between the Federal
                                                  necessary, to select regulatory                            While some owners or operators of                   Government and Indian tribes. If you
                                                  approaches that maximize net benefits.                  vessels intending to transit the safety                believe this rule has implications for
                                                  Executive Order 13563 emphasizes the                    zone may be small entities, for the                    federalism or Indian tribes, please
                                                  importance of quantifying both costs                    reasons stated in section V.A above, this              contact the person listed in the FOR
                                                  and benefits, of reducing costs, of                     rule will not have a significant                       FURTHER INFORMATION CONTACT section
                                                  harmonizing rules, and of promoting                     economic impact on any vessel owner                    above.
                                                  flexibility. Executive Order 13771                      or operator.
                                                  (‘‘Reducing Regulation and Controlling                                                                         E. Unfunded Mandates Reform Act
                                                                                                             Under section 213(a) of the Small
                                                  Regulatory Costs’’), directs agencies to                Business Regulatory Enforcement                          The Unfunded Mandates Reform Act
                                                  reduce regulation and control regulatory                Fairness Act of 1996 (Pub. L. 104–121),                of 1995 (2 U.S.C. 1531–1538) requires
                                                  costs and provides that ‘‘for every one                 we want to assist small entities in                    Federal agencies to assess the effects of
                                                  new regulation issued, at least two prior               understanding this rule. If the rule                   their discretionary regulatory actions. In
                                                  regulations be identified for elimination,              would affect your small business,                      particular, the Act addresses actions
                                                  and that the cost of planned regulations                organization, or governmental                          that may result in the expenditure by a
                                                  be prudently managed and controlled                     jurisdiction and you have questions                    State, local, or tribal government, in the
                                                  through a budgeting process.’’                          concerning its provisions or options for               aggregate, or by the private sector of
                                                     This rule has not been designated a                                                                         $100,000,000 (adjusted for inflation) or
                                                                                                          compliance, please contact the person
                                                  ‘‘significant regulatory action,’’ under                                                                       more in any one year. Though this rule
                                                                                                          listed in the FOR FURTHER INFORMATION
                                                  Executive Order 12866. Accordingly, it                                                                         will not result in such an expenditure,
                                                                                                          CONTACT section.
                                                  has not been reviewed by the Office of                                                                         we do discuss the effects of this rule
                                                  Management and Budget.                                     Small businesses may send comments                  elsewhere in this preamble.
                                                     As this rule is not a significant                    on the actions of Federal employees
                                                  regulatory action, this rule is exempt                  who enforce, or otherwise determine                    F. Environment
                                                  from the requirements of Executive                      compliance with, Federal regulations to                  We have analyzed this rule under
                                                  Order 13771. See OMB’s Memorandum                       the Small Business and Agriculture                     Department of Homeland Security
                                                  titled ‘‘Interim Guidance Implementing                  Regulatory Enforcement Ombudsman                       Management Directive 023–01 and
                                                  Section 2 of the Executive Order of                     and the Regional Small Business                        Commandant Instruction M16475.lD,
                                                  January 30, 2017 titled ‘Reducing                       Regulatory Fairness Boards. The                        which guide the Coast Guard in
                                                  Regulation and Controlling Regulatory                   Ombudsman evaluates these actions                      complying with the National
                                                  Costs’ ’’ (February 2, 2017).                           annually and rates each agency’s                       Environmental Policy Act of 1969 (42
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                                                     We conclude that this rule is not a                  responsiveness to small business. If you               U.S.C. 4321–4370f), and have
                                                  significant regulatory action because we                wish to comment on actions by                          determined that it is one of a category
                                                  anticipate that it will have minimal                    employees of the Coast Guard, call 1–                  of actions that do not individually or
                                                  impact on the economy, will not                         888–REG–FAIR (1–888–734–3247). The                     cumulatively have a significant effect on
                                                  interfere with other agencies, will not                 Coast Guard will not retaliate against                 the human environment. This rule
                                                  adversely alter the budget of any grant                 small entities that question or complain               establishes a temporary safety zone. It is
                                                  or loan recipients, and will not raise any              about this rule or any policy or action                categorically excluded under section
                                                  novel legal or policy issues. The safety                of the Coast Guard.                                    2.B.2, figure 2–1, paragraph 34(g) of the


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                                                  28240            Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations

                                                  Instruction, which pertains to                            (3) The ‘‘on-scene representative’’ of               withdrawal in the Federal Register to
                                                  establishment of safety zones. A Record                 the Captain of the Port Buffalo is any                 notify the public that this direct final
                                                  of Environmental Consideration (REC)                    Coast Guard commissioned, warrant or                   rule will not take effect.
                                                  supporting this determination is                        petty officer who has been designated                  ADDRESSES: Submit your comments,
                                                  available in the docket where indicated                 by the Captain of the Port Buffalo to act              identified by Docket ID No. EPA–R09–
                                                  in the ADDRESSES section of this                        on his behalf.                                         OAR–2016–0647 at http://
                                                  preamble.                                                 (4) Vessel operators desiring to enter               www.regulations.gov, or via email to
                                                                                                          or operate within the safety zone must                 Andrew Steckel, Rulemaking Office
                                                  G. Protest Activities
                                                                                                          contact the Captain of the Port Buffalo                Chief at Steckel.Andrew@epa.gov. For
                                                    The Coast Guard respects the First                    or his on-scene representative to obtain               comments submitted at Regulations.gov,
                                                  Amendment rights of protesters.                         permission to do so. The Captain of the                follow the online instructions for
                                                  Protesters are asked to contact the                     Port Buffalo or his on-scene                           submitting comments. Once submitted,
                                                  person listed in the FOR FURTHER                        representative may be contacted via                    comments cannot be removed or edited
                                                  INFORMATION CONTACT section to                          VHF Channel 16. Vessel operators given
                                                  coordinate protest activities so that your                                                                     from Regulations.gov. For either manner
                                                                                                          permission to enter or operate in the                  of submission, the EPA may publish any
                                                  message can be received without                         safety zone must comply with all
                                                  jeopardizing the safety or security of                                                                         comment received to its public docket.
                                                                                                          directions given to them by the Captain                Do not submit electronically any
                                                  people, places or vessels.                              of the Port Buffalo, or his on-scene                   information you consider to be
                                                  List of Subjects in 33 CFR Part 165                     representative.                                        Confidential Business Information (CBI)
                                                    Harbors, Marine safety, Navigation                       Dated: June 13, 2017.                               or other information whose disclosure is
                                                  (water), Reporting and recordkeeping                    J.S. Dufresne,                                         restricted by statute. Multimedia
                                                  requirements, Security measures,                        Captain, U.S. Coast Guard, Captain of the              submissions (audio, video, etc.) must be
                                                  Waterways.                                              Port Buffalo.                                          accompanied by a written comment.
                                                    For the reasons discussed in the                      [FR Doc. 2017–12936 Filed 6–20–17; 8:45 am]            The written comment is considered the
                                                  preamble, the Coast Guard amends 33                     BILLING CODE 9110–04–P
                                                                                                                                                                 official comment and should include
                                                  CFR part 165 as follows:                                                                                       discussion of all points you wish to
                                                                                                                                                                 make. The EPA will generally not
                                                  PART 165—REGULATED NAVIGATION                           ENVIRONMENTAL PROTECTION                               consider comments or comment
                                                  AREAS AND LIMITED ACCESS AREAS                          AGENCY                                                 contents located outside of the primary
                                                                                                                                                                 submission (i.e. on the web, cloud, or
                                                  ■ 1. The authority citation for part 165                40 CFR Part 52                                         other file sharing system). For
                                                  continues to read as follows:                                                                                  additional submission methods, please
                                                                                                          [EPA–R09–OAR–2016–0647; FRL–9960–40–                   contact the person identified in the FOR
                                                    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;               Region 9]
                                                                                                                                                                 FURTHER INFORMATION CONTACT section.
                                                  Department of Homeland Security Delegation                                                                     For the full EPA public comment policy,
                                                  No. 0170.1.                                             Approval of California Air Plan
                                                                                                          Revisions, Mojave Desert Air Quality                   information about CBI or multimedia
                                                  ■ 2. Add § 165.T09–0277 to read as                                                                             submissions, and general guidance on
                                                                                                          Management District, Northern Sierra
                                                  follows:                                                                                                       making effective comments, please visit
                                                                                                          Air Quality Management District, and
                                                  § 165.T09–0277 Safety Zone; Dunkirk                     San Diego County Air Pollution Control                 http://www2.epa.gov/dockets/
                                                  Lakeshore Air Show; Lake Erie, Dunkirk,                 District                                               commenting-epa-dockets.
                                                  NY.                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    (a) Location. This zone will                          AGENCY: Environmental Protection                       Arnold Lazarus, EPA Region IX, (415)
                                                  encompass all waters of Lake Erie;                      Agency (EPA).                                          972–3024, Lazarus.Arnold@epa.gov.
                                                  Dunkirk, NY starting at position                        ACTION: Direct final rule.
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  42°29′22″ N. and 079°20′30″ W. then                                                                            Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                                                                          SUMMARY:   The Environmental Protection
                                                  Northwest to 42°29′37″ N. and                                                                                  and ‘‘our’’ refer to the EPA.
                                                  079°20′41″ W. then Northeast to                         Agency (EPA) is taking direct final
                                                  position 42°30′11″ N. and 079°19′23″ W.                 action to approve revisions to the                     Table of Contents
                                                  then Southeast to position 42°30′05″ N.                 Mojave Desert Air Quality Management
                                                                                                          District (MDAQMD), Northern Sierra                     I. The State’s Submittal
                                                  and 079°19′08″ W. and then following                                                                              A. What rules did the State submit?
                                                  the shoreline and breakwall to the point                Air Quality Management District                           B. Are there other versions of these rules?
                                                  of origin (NAD 83).                                     (NSAQMD), and San Diego County Air                        C. What is the purpose of the submitted
                                                    (b) Enforcement period. This                          Pollution Control District (SDCAPCD)                         rule and rule revisions?
                                                  regulation will be enforced from 12:45                  portions of the California State                       II. The EPA’s Evaluation and Action
                                                  p.m. until 5:15 p.m. on July 1, 2017 and                Implementation Plan (SIP). These                          A. How is the EPA evaluating the rules?
                                                                                                          revisions concern aerospace assembly,                     B. Do the rules meet the evaluation
                                                  July 2, 2017.
                                                                                                          rework, and component manufacturing                          criteria?
                                                    (c) Regulations. (1) In accordance with
                                                                                                          operations; emissions statements and                      C. EPA Recommendations To Further
                                                  the general regulations in § 165.23 of                                                                               Improve the Rules
                                                  this part, entry into, transiting, or                   recordkeeping; and definitions,
                                                                                                                                                                    D. Public Comment and Final Action
                                                  anchoring within this safety zone is                    respectively. We are approving local                   III. Incorporation by Reference
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  prohibited unless authorized by the                     rules that regulate these sources and                  IV. Statutory and Executive Order Reviews
                                                  Captain of the Port Buffalo or his                      issues under the Clean Air Act (CAA or
                                                  designated on-scene representative.                     the Act).                                              I. The State’s Submittal
                                                    (2) This safety zone is closed to all                 DATES: This rule is effective on August
                                                  vessel traffic, except as may be                        21, 2017 without further notice, unless                A. What rules did the State submit?
                                                  permitted by the Captain of the Port                    the EPA receives adverse comments by                     Table 1 lists the rules addressed by
                                                  Buffalo or his designated on-scene                      July 21, 2017. If we receive such                      this action with the dates that they were
                                                  representative.                                         comments, we will publish a timely                     adopted by the local air agencies and


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Document Created: 2018-11-14 10:08:34
Document Modified: 2018-11-14 10:08:34
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 from 12:45 p.m. on July 1, 2017, to 5:15 p.m. on July 2, 2017.
ContactIf you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, email [email protected]
FR Citation82 FR 28238 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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