82_FR_31100 82 FR 30973 - Safety Zone; Cleveland Metroparks 100 Year Anniversary Fireworks Display; Lake Erie, Cleveland, OH

82 FR 30973 - Safety Zone; Cleveland Metroparks 100 Year Anniversary Fireworks Display; Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 127 (July 5, 2017)

Page Range30973-30975
FR Document2017-14029

The Coast Guard is establishing a temporary safety zone for navigable waters of Lake Erie at Edgewater Park, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Cleveland Metroparks 100 Year Anniversary fireworks display. This temporary safety zone is necessary to protect personnel, vessels, and the marine environment from the potential hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Buffalo.

Federal Register, Volume 82 Issue 127 (Wednesday, July 5, 2017)
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30973-30975]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14029]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0481]
RIN 1625-AA00


Safety Zone; Cleveland Metroparks 100 Year Anniversary Fireworks 
Display; Lake Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Lake Erie at Edgewater Park, Cleveland, OH. This 
safety zone is intended to restrict vessels from a portion of Lake Erie 
during the Cleveland Metroparks 100 Year Anniversary fireworks display. 
This temporary safety zone is necessary to protect personnel, vessels, 
and the marine environment from the potential hazards associated with a 
fireworks display. Entry of vessels or persons into this zone is 
prohibited unless

[[Page 30974]]

specifically authorized by the Captain of the Port Sector Buffalo.

DATES: This rule is effective from 9:25 p.m. through 10:25 p.m. on July 
22, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0481 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast 
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, 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
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 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 the event sponsor did not submit 
notice to the Coast Guard with sufficient 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 contrary to the 
public interest by inhibiting the Coast Guard's ability to protect 
spectators and vessels from the hazards associated with a maritime 
fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Buffalo, NY (COTP) has determined that 
potential hazards associated with vessels in the vicinity of firework 
displays on July 22, 2017 will be a safety concern for vessels and 
spectators within a 700 foot radius of the launch point of the 
fireworks. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the fireworks display is happening.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:25 p.m. through 10:25 
p.m. on July 22, 2017. The safety zone will cover all navigable waters 
within 700 feet of the launch point of the fireworks display. No vessel 
or person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. Entry into, 
transiting, or anchoring within the safety zone is prohibited unless 
authorized by the Captain of the Port Buffalo or his designated on-
scene representative. The Captain of the Port or his designated on-
scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 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

[[Page 30975]]

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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting one hour that will prohibit entry 
within 700 feet of the launch area for the fireworks display. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. 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 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.T09-0481 to read as follows:


Sec.  165.T09-0481  Safety Zone; Cleveland Metroparks 100 Year 
Anniversary Fireworks Display; Lake Erie, Cleveland, OH.

    (a) Location. This zone will encompass all U.S. waterways within a 
700 foot radius of the fireworks launch site located at position 
41[deg]29'32.61'' N., 081[deg]44'37.69'' W., Cleveland, OH (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective 
and will be enforced on July 22, 2017 from 9:25 p.m. until 10:25 p.m.
    (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 shall 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 27, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-14029 Filed 7-3-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations                                                30973

                                              principles and preemption requirements                   List of Subjects in 33 CFR Part 165                      (c) Regulations. (1) In accordance with
                                              described in Executive Order 13132.                        Marine safety, Navigation (water),                  the general regulations in § 165.23 of
                                                 Also, this rule does not have tribal                  Reporting and recordkeeping                           this part, entry into these safety zones
                                              implications under Executive Order                       requirements, Security measures,                      is prohibited unless specifically
                                              13175, Consultation and Coordination                     Waterways.                                            authorized by the Captain of the Port
                                              with Indian Tribal Governments,                            For the reasons discussed in the                    New Orleans (COTP) or a designated
                                              because it does not have a substantial                   preamble, the Coast Guard amends 33                   representative. For each event, the
                                              direct effect on one or more Indian                      CFR part 165 as follows:                              COTP designated representative will be
                                              tribes, on the relationship between the                                                                        announced via Marine Safety
                                              Federal Government and Indian tribes,                    PART 165—REGULATED NAVIGATION                         Information Bulletin and Notice to
                                              or on the distribution of power and                      AREAS AND LIMITED ACCESS AREAS                        Mariners.
                                              responsibilities between the Federal                                                                              (2) Vessels seeking entry into these
                                              Government and Indian tribes. If you                     ■ 1. The authority citation for part 165              safety zones must request permission
                                              believe this rule has implications for                   continues to read as follows:                         from the COTP or a designated
                                              federalism or Indian tribes, please                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           representative. They may be contacted
                                              contact the person listed in the FOR                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             via the U.S. Coast Guard Sector New
                                              FURTHER INFORMATION CONTACT section                      Department of Homeland Security Delegation            Orleans Command Center, via VHF–FM
                                              above.                                                   No. 0170.1.                                           Channel 16 or by telephone at 504–365–
                                                                                                       ■ 2. Add § 165.T08–0388 to read as                    2200.
                                              E. Unfunded Mandates Reform Act                                                                                   (3) Persons and vessels permitted to
                                                                                                       follows:
                                                The Unfunded Mandates Reform Act                                                                             enter these safety zones must transit at
                                                                                                       § 165.T08–0388 Safety Zones; Safety                   the slowest safe speed and comply with
                                              of 1995 (2 U.S.C. 1531–1538) requires                    Zones within Captain of the Port New
                                              Federal agencies to assess the effects of                                                                      all lawful directions issued by the COTP
                                                                                                       Orleans Zone, New Orleans to Baton Rouge,
                                              their discretionary regulatory actions. In               LA.
                                                                                                                                                             or designated representative.
                                              particular, the Act addresses actions                                                                             (d) Information broadcasts. The COTP
                                                                                                          (a) Safety Zones. The following areas              or a designated representative will
                                              that may result in the expenditure by a                  are safety zones:
                                              State, local, or tribal government, in the                                                                     inform the public through Broadcast
                                                                                                          (1) Mandeville City 4th of July
                                              aggregate, or by the private sector of                                                                         Notice to Mariners of any changes to the
                                                                                                       Celebration, Mandeville, LA.
                                              $100,000,000 (adjusted for inflation) or                    (i) Location. All navigable waters of              enforcement periods for the safety
                                              more in any one year. Though this rule                   Lake Pontchartrain extending in a 600                 zones.
                                              will not result in such an expenditure,                  foot radius from position 30°21′12.0″ N.                Dated: June 28, 2017.
                                              we do discuss the effects of this rule                   and 090°04′28.9″ W., Mandeville, LA.                  W.R. Arguin,
                                              elsewhere in this preamble.                                 (ii) Effective period. This section will           Captain, U.S. Coast Guard, Captain of the
                                                                                                       be effective from 8:45 p.m. through 9:45              Port New Orleans.
                                              F. Environment
                                                                                                       p.m. on July 1, 2017.                                 [FR Doc. 2017–14009 Filed 7–3–17; 8:45 am]
                                                We have analyzed this rule under                          (2) L’Auberge Casino Independence                  BILLING CODE 9110–04–P
                                              Department of Homeland Security                          Day fireworks display, Baton Rouge, LA.
                                              Management Directive 023–01 and                             (i) Location. All navigable waters of
                                              Commandant Instruction M16475.lD,                        the Lower Mississippi River from mile                 DEPARTMENT OF HOMELAND
                                              which guide the Coast Guard in                           marker 216.5 to mile marker 217.5                     SECURITY
                                              complying with the National                              above Head of Passes, Baton Rouge, LA.
                                              Environmental Policy Act of 1969 (42                        (ii) Effective period. This section will           Coast Guard
                                              U.S.C. 4321–4370f), and have                             be effective from 8:45 p.m. through 9:45
                                              determined that this action is one of a                  p.m. on July 2, 2017.                                 33 CFR Part 165
                                              category of actions that do not                             (3) St. John the Baptist Parish
                                                                                                       Independence Day fireworks display,                   [Docket Number USCG–2017–0481]
                                              individually or cumulatively have a
                                              significant effect on the human                          LaPlace, LA.                                          RIN 1625–AA00
                                                                                                          (i) Location. All navigable waters of
                                              environment. This rule involves four
                                                                                                       the Lower Mississippi River from mile                 Safety Zone; Cleveland Metroparks 100
                                              temporary safety zones within the COTP
                                                                                                       marker 137.5 to mile marker 138.5                     Year Anniversary Fireworks Display;
                                              Zone on four separate days. It is
                                                                                                       above Head of Passes, LaPlace, LA.                    Lake Erie, Cleveland, OH
                                              categorically excluded from further                         (ii) Effective period. This section will
                                              review under paragraph 34(g) of Figure                   be effective from 8:00 p.m. through 9:00              AGENCY:    Coast Guard, DHS.
                                              2–1 of Commandant Instruction                            p.m. on July 3, 2017.                                 ACTION:   Temporary final rule.
                                              M16475.1D. A Record of Environmental                        (4) Team Beachbody Coach Summit
                                              Consideration (REC) supporting this                      fireworks display, New Orleans, LA.                   SUMMARY:   The Coast Guard is
                                              determination is available in the docket                    (i) Location. All waters of the Lower              establishing a temporary safety zone for
                                              where indicated under ADDRESSES.                         Mississippi River from mile marker 95.7               navigable waters of Lake Erie at
                                                                                                       to mile marker 96.7 above Head of                     Edgewater Park, Cleveland, OH. This
                                              G. Protest Activities
                                                                                                       Passes, New Orleans, LA.                              safety zone is intended to restrict
                                                The Coast Guard respects the First                        (ii) Effective period. This section will           vessels from a portion of Lake Erie
                                              Amendment rights of protesters.                          be effective from 10:30 p.m. through                  during the Cleveland Metroparks 100
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                                              Protesters are asked to contact the                      11:15 p.m. on July 14, 2017.                          Year Anniversary fireworks display.
                                              person listed in the FOR FURTHER                            (b) Definitions. As used in this                   This temporary safety zone is necessary
                                              INFORMATION CONTACT section to                           section, a designated representative                  to protect personnel, vessels, and the
                                              coordinate protest activities so that your               means a commissioned officer, warrant                 marine environment from the potential
                                              message can be received without                          officer, or petty officer of the U.S. Coast           hazards associated with a fireworks
                                              jeopardizing the safety or security of                   Guard assigned under the operational                  display. Entry of vessels or persons into
                                              people, places or vessels.                               control of USCG Sector New Orleans.                   this zone is prohibited unless


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                                              30974             Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations

                                              specifically authorized by the Captain of                the launch point of the fireworks. This               Regulation and Controlling Regulatory
                                              the Port Sector Buffalo.                                 rule is needed to protect personnel,                  Costs’ ’’ (February 2, 2017).
                                              DATES: This rule is effective from 9:25                  vessels, and the marine environment in                  We conclude that this rule is not a
                                              p.m. through 10:25 p.m. on July 22,                      the navigable waters within the safety                significant regulatory action because we
                                              2017.                                                    zone while the fireworks display is                   anticipate that it will have minimal
                                                                                                       happening.                                            impact on the economy, will not
                                              ADDRESSES:   To view documents                                                                                 interfere with other agencies, will not
                                              mentioned in this preamble as being                      IV. Discussion of the Rule                            adversely alter the budget of any grant
                                              available in the docket, go to http://                      This rule establishes a safety zone                or loan recipients, and will not raise any
                                              www.regulations.gov, type USCG–2017–                     from 9:25 p.m. through 10:25 p.m. on                  novel legal or policy issues. The safety
                                              0481 in the ‘‘SEARCH’’ box and click                     July 22, 2017. The safety zone will cover             zone created by this rule will be
                                              ‘‘SEARCH.’’ Click on Open Docket                         all navigable waters within 700 feet of               relatively small and enforced for a
                                              Folder on the line associated with this                  the launch point of the fireworks                     relatively short time. Also, the safety
                                              rule.                                                    display. No vessel or person will be                  zone is designed to minimize its impact
                                              FOR FURTHER INFORMATION CONTACT: If                      permitted to enter the safety zone                    on navigable waters. Furthermore, the
                                              you have questions on this rule, call or                 without obtaining permission from the                 safety zone has been designed to allow
                                              email LT Ryan Junod, Chief of                            COTP or a designated representative.                  vessels to transit around it. Thus,
                                              Waterways Management, U.S. Coast                         Entry into, transiting, or anchoring                  restrictions on vessel movement within
                                              Guard Marine Safety Unit Cleveland;                      within the safety zone is prohibited                  that particular area are expected to be
                                              telephone 216–937–0124, email                            unless authorized by the Captain of the               minimal. Under certain conditions,
                                              ryan.s.junod@uscg.mil.                                   Port Buffalo or his designated on-scene               moreover, vessels may still transit
                                              SUPPLEMENTARY INFORMATION:                               representative. The Captain of the Port               through the safety zone when permitted
                                                                                                       or his designated on-scene                            by the Captain of the Port.
                                              I. Table of Abbreviations                                representative may be contacted via                   B. Impact on Small Entities
                                              CFR Code of Federal Regulations                          VHF Channel 16.
                                              DHS Department of Homeland Security                                                                               The Regulatory Flexibility Act of
                                              FR Federal Register
                                                                                                       V. Regulatory Analyses                                1980, 5 U.S.C. 601–612, as amended,
                                              NPRM Notice of proposed rulemaking                         We developed this rule after                        requires Federal agencies to consider
                                              § Section                                                considering numerous statutes and                     the potential impact of regulations on
                                              U.S.C. United States Code                                Executive orders related to rulemaking.               small entities during rulemaking. The
                                              II. Background Information and                           Below we summarize our analyses                       term ‘‘small entities’’ comprises small
                                                                                                       based on a number of these statutes and               businesses, not-for-profit organizations
                                              Regulatory History
                                                                                                       Executive orders, and we discuss First                that are independently owned and
                                                 The Coast Guard is issuing this                       Amendment rights of protestors.                       operated and are not dominant in their
                                              temporary rule without prior notice and                                                                        fields, and governmental jurisdictions
                                              opportunity to comment pursuant to                       A. Regulatory Planning and Review                     with populations of less than 50,000.
                                              authority under section 4(a) of the                         Executive Orders 12866 and 13563                   The Coast Guard certifies under 5 U.S.C.
                                              Administrative Procedure Act (APA) (5                    direct agencies to assess the costs and               605(b) that this rule will not have a
                                              U.S.C. 553(b)). This provision                           benefits of available regulatory                      significant economic impact on a
                                              authorizes an agency to issue a rule                     alternatives and, if regulation is                    substantial number of small entities.
                                              without prior notice and opportunity to                  necessary, to select regulatory                          While some owners or operators of
                                              comment when the agency for good                         approaches that maximize net benefits.                vessels intending to transit the safety
                                              cause finds that those procedures are                    Executive Order 13563 emphasizes the                  zone may be small entities, for the
                                              ‘‘impracticable, unnecessary, or contrary                importance of quantifying both costs                  reasons stated in section V.A above, this
                                              to the public interest.’’ Under 5 U.S.C.                 and benefits, of reducing costs, of                   rule will not have a significant
                                              553(b)(B), the Coast Guard finds that                    harmonizing rules, and of promoting                   economic impact on any vessel owner
                                              good cause exists for not publishing a                   flexibility.                                          or operator.
                                              notice of proposed rulemaking (NPRM)                        Executive Order 13771 (‘‘Reducing                     Under section 213(a) of the Small
                                              with respect to this rule because the                    Regulation and Controlling Regulatory                 Business Regulatory Enforcement
                                              event sponsor did not submit notice to                   Costs’’), directs agencies to reduce                  Fairness Act of 1996 (Pub. L. 104–121),
                                              the Coast Guard with sufficient time                     regulation and control regulatory costs               we want to assist small entities in
                                              remaining before the event to publish an                 and provides that ‘‘for every one new                 understanding this rule. If the rule
                                              NPRM. Thus, delaying the effective date                  regulation issued, at least two prior                 would affect your small business,
                                              of this rule to wait for a comment period                regulations be identified for elimination,            organization, or governmental
                                              to run would be contrary to the public                   and that the cost of planned regulations              jurisdiction and you have questions
                                              interest by inhibiting the Coast Guard’s                 be prudently managed and controlled                   concerning its provisions or options for
                                              ability to protect spectators and vessels                through a budgeting process.’’                        compliance, please contact the person
                                              from the hazards associated with a                          This rule has not been designated a                listed in the FOR FURTHER INFORMATION
                                              maritime fireworks display.                              ‘‘significant regulatory action,’’ under              CONTACT section.
                                                                                                       Executive Order 12866. Accordingly, it                   Small businesses may send comments
                                              III. Legal Authority and Need for Rule                                                                         on the actions of Federal employees
                                                                                                       has not been reviewed by the Office of
                                                 The Coast Guard is issuing this rule                  Management and Budget.                                who enforce, or otherwise determine
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                                              under authority in 33 U.S.C. 1231. The                      As this rule is not a significant                  compliance with, Federal regulations to
                                              Captain of the Port Buffalo, NY (COTP)                   regulatory action, this rule is exempt                the Small Business and Agriculture
                                              has determined that potential hazards                    from the requirements of Executive                    Regulatory Enforcement Ombudsman
                                              associated with vessels in the vicinity of               Order 13771. See OMB’s Memorandum                     and the Regional Small Business
                                              firework displays on July 22, 2017 will                  titled ‘‘Interim Guidance Implementing                Regulatory Fairness Boards. The
                                              be a safety concern for vessels and                      Section 2 of the Executive Order of                   Ombudsman evaluates these actions
                                              spectators within a 700 foot radius of                   January 30, 2017 titled ‘Reducing                     annually and rates each agency’s


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                                                                Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations                                                30975

                                              responsiveness to small business. If you                 Environmental Policy Act of 1969 (42                  Captain of the Port Buffalo or his
                                              wish to comment on actions by                            U.S.C. 4321–4370f), and have                          designated on-scene representative.
                                              employees of the Coast Guard, call 1–                    determined that this action is one of a                 (2) This safety zone is closed to all
                                              888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                       vessel traffic, except as may be
                                              Coast Guard will not retaliate against                   individually or cumulatively have a                   permitted by the Captain of the Port
                                              small entities that question or complain                 significant effect on the human                       Buffalo or his designated on-scene
                                              about this rule or any policy or action                  environment. This rule involves a safety              representative.
                                              of the Coast Guard.                                      zone lasting one hour that will prohibit                (3) The ‘‘on-scene representative’’ of
                                                                                                       entry within 700 feet of the launch area              the Captain of the Port Buffalo is any
                                              C. Collection of Information
                                                                                                       for the fireworks display. It is                      Coast Guard commissioned, warrant or
                                                This rule will not call for a new                      categorically excluded from further                   petty officer who has been designated
                                              collection of information under the                      review under paragraph 34(g) of Figure                by the Captain of the Port Buffalo to act
                                              Paperwork Reduction Act of 1995 (44                      2–1 of the Commandant Instruction. A                  on his behalf.
                                              U.S.C. 3501–3520).                                       Record of Environmental Consideration                   (4) Vessel operators desiring to enter
                                              D. Federalism and Indian Tribal                          (REC) supporting this determination is                or operate within the safety zone shall
                                              Governments                                              available in the docket where indicated               contact the Captain of the Port Buffalo
                                                                                                       in the ADDRESSES section of this                      or his on-scene representative to obtain
                                                 A rule has implications for federalism                preamble.                                             permission to do so. The Captain of the
                                              under Executive Order 13132,                                                                                   Port Buffalo or his on-scene
                                              Federalism, if it has a substantial direct               G. Protest Activities
                                                                                                                                                             representative may be contacted via
                                              effect on the States, on the relationship                  The Coast Guard respects the First                  VHF Channel 16. Vessel operators given
                                              between the national government and                      Amendment rights of protesters.                       permission to enter or operate in the
                                              the States, or on the distribution of                    Protesters are asked to contact the                   safety zone must comply with all
                                              power and responsibilities among the                     person listed in the FOR FURTHER                      directions given to them by the Captain
                                              various levels of government. We have                    INFORMATION CONTACT section to                        of the Port Buffalo, or his on-scene
                                              analyzed this rule under that Order and                  coordinate protest activities so that your            representative.
                                              have determined that it is consistent                    message can be received without
                                              with the fundamental federalism                                                                                   Dated: June 27, 2017.
                                                                                                       jeopardizing the safety or security of
                                              principles and preemption requirements                                                                         J.S. Dufresne,
                                                                                                       people, places or vessels.
                                              described in Executive Order 13132.                                                                            Captain, U.S. Coast Guard, Captain of the
                                                 Also, this rule does not have tribal                  List of Subjects in 33 CFR Part 165                   Port Buffalo.
                                              implications under Executive Order                         Harbors, Marine safety, Navigation                  [FR Doc. 2017–14029 Filed 7–3–17; 8:45 am]
                                              13175, Consultation and Coordination                     (water), Reporting and record keeping                 BILLING CODE 9110–04–P
                                              with Indian Tribal Governments,                          requirements, Security measures,
                                              because it does not have a substantial                   Waterways.
                                              direct effect on one or more Indian                        For the reasons discussed in the                    DEPARTMENT OF EDUCATION
                                              tribes, on the relationship between the                  preamble, the Coast Guard amends 33
                                              Federal Government and Indian tribes,                    CFR part 165 as follows:                              34 CFR Part 668
                                              or on the distribution of power and                                                                            [Docket ID ED–2017–OPE–0090]
                                              responsibilities between the Federal                     PART 165—REGULATED NAVIGATION
                                              Government and Indian tribes. If you                     AREAS AND LIMITED ACCESS AREAS                        Program Integrity: Gainful Employment
                                              believe this rule has implications for
                                              federalism or Indian tribes, please                      ■ 1. The authority citation for part 165              AGENCY:  Office of Postsecondary
                                              contact the person listed in the FOR                     continues to read as follows:                         Education, Department of Education.
                                              FURTHER INFORMATION CONTACT section                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           ACTION: Announcement of applicable
                                              above.                                                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             dates; request for comments.
                                                                                                       Department of Homeland Security Delegation
                                              E. Unfunded Mandates Reform Act                          No. 0170.1.                                           SUMMARY:   On January 6 and January 19,
                                                The Unfunded Mandates Reform Act                                                                             2017, the Department announced dates
                                                                                                       ■ 2. Add § 165.T09–0481 to read as
                                              of 1995 (2 U.S.C. 1531–1538) requires                                                                          by which institutions subject to the
                                                                                                       follows:
                                              Federal agencies to assess the effects of                                                                      Department’s gainful employment (GE)
                                              their discretionary regulatory actions. In               § 165.T09–0481 Safety Zone; Cleveland                 regulations must comply with certain
                                              particular, the Act addresses actions                    Metroparks 100 Year Anniversary Fireworks             provisions of the GE regulations relating
                                              that may result in the expenditure by a                  Display; Lake Erie, Cleveland, OH.                    to the submission of alternate earnings
                                              State, local, or tribal government, in the                  (a) Location. This zone will                       appeals and disclosure requirements.
                                              aggregate, or by the private sector of                   encompass all U.S. waterways within a                 On March 6, 2017, the Department
                                              $100,000,000 (adjusted for inflation) or                 700 foot radius of the fireworks launch               announced that it was allowing
                                              more in any one year. Though this rule                   site located at position 41°29′32.61″ N.,             additional time, until July 1, 2017, to
                                              will not result in such an expenditure,                  081°44′37.69″ W., Cleveland, OH (NAD                  comply with those provisions. On June
                                              we do discuss the effects of this rule                   83).                                                  15, 2017, the Department announced its
                                              elsewhere in this preamble.                                 (b) Effective and Enforcement Period.              intention to negotiate issues related to
                                                                                                       This regulation is effective and will be              gainful employment. This document
sradovich on DSK3GMQ082PROD with RULES




                                              F. Environment                                           enforced on July 22, 2017 from 9:25                   announces that the Department allows
                                                We have analyzed this rule under                       p.m. until 10:25 p.m.                                 additional time, until July 1, 2018, for
                                              Department of Homeland Security                             (c) Regulations. (1) In accordance with            institutions to comply with certain
                                              Management Directive 023–01 and                          the general regulations in § 165.23 of                disclosure requirements in the GE
                                              Commandant Instruction M16475.lD,                        this part, entry into, transiting, or                 regulations and invites comment on this
                                              which guide the Coast Guard in                           anchoring within this safety zone is                  action. The Department also extends the
                                              complying with the National                              prohibited unless authorized by the                   deadline for all programs to file


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Document Created: 2017-07-04 02:00:40
Document Modified: 2017-07-04 02:00:40
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 9:25 p.m. through 10:25 p.m. on July 22, 2017.
ContactIf you have questions on this rule, call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email [email protected]
FR Citation82 FR 30973 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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