82_FR_32380 82 FR 32247 - Safety Zone; Cleveland Parade of Lights Boat Parade; Cuyahoga River, Cleveland, OH

82 FR 32247 - Safety Zone; Cleveland Parade of Lights Boat Parade; Cuyahoga River, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range32247-32249
FR Document2017-14697

The Coast Guard is establishing a moving safety zone for certain waters of the Cuyahoga River. This action is necessary to provide for the safety of life on these navigable waters in the Cuyahoga River, Cleveland, OH during the Cleveland Parade of Lights on July 22, 2017. This temporary safety zone is necessary to protect personnel, vessels, and the marine environment from the potential hazards created by 60 vessels transiting in the river with lights not normally used for marine traffic navigation lights. 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 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32247-32249]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14697]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0482]
RIN 1625-AA00


Safety Zone; Cleveland Parade of Lights Boat Parade; Cuyahoga 
River, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a moving safety zone for 
certain waters of the Cuyahoga River. This action is necessary to 
provide for the safety of life on these navigable waters in the 
Cuyahoga River, Cleveland, OH during the Cleveland Parade of Lights on 
July 22, 2017. This temporary safety zone is necessary to protect 
personnel, vessels, and the marine environment from the potential 
hazards created by 60 vessels transiting in the river with lights not 
normally used for marine traffic navigation lights. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector Buffalo.

DATES: This rule is effective from 10:00 p.m. through 11:30 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-
2017-0482 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. The event sponsor did not submit notice to 
the Coast Guard with sufficient time remaining before the event to 
publish an NPRM. Delaying the effective date of this rule to wait for a 
comment period to run would be impracticable and contrary to the public 
interest by inhibiting the Coast Guard's ability to protect spectators 
and vessels from the hazards associated with a boat parade.
    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 boat parade.

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 60 vessels displaying lights that are 
not used for navigation will be a safety concern for other vessels 
underway. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone 
during the Cleveland Parade of Lights.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. through 11:30 p.m. 
on July 22, 2017. The moving safety zone will encompass all waters 
within 25 feet of the vessels participating in the Cleveland Parade of 
Lights in the Cuyahoga River. The safety zone will move with 
participating vessels as they transit from the mouth of the Cuyahoga 
River in the vicinity of position 41[deg]29'59'' N., 081[deg]43'31'' 
W., to Merwin's Wharf in the vicinity of 41[deg]29'23'' N., 
081[deg]42'16'' W., and returning to the mouth of the Old River at 
41[deg]29'55'' N., 081[deg]42'18'' W. (NAD 83). 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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,

[[Page 32248]]

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 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 and a half hours that will 
prohibit entry within a small area of the Cuyahoga River. 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 
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.T09-0482 to read as follows:


Sec.  165.T09-0482  Moving Safety Zone; Cleveland Parade of Lights Boat 
Parade; Cuyahoga River, Cleveland, OH.

    (a) Location. The moving safety zone will encompass all waters 
within 25 feet of the vessels participating in the Cleveland Parade of 
Lights in the Cuyahoga River. The safety zone will move with 
participating vessels as they transit from the mouth of the Cuyahoga 
River in the vicinity of position 41[deg]29'59'' N., 081[deg]43'31'' 
W., to Merwin's Wharf in the vicinity of 41[deg]29'23'' N., 
081[deg]42'16'' W., and returning to the mouth of the Old River at 
41[deg]29'55'' N., 081[deg]42'18'' W. (NAD 83).
    (b) Effective and enforcement period. This regulation is effective 
and will be enforced on July 22, 2017 from 10 p.m. until 11:30 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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

[[Page 32249]]

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: July 6, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-14697 Filed 7-12-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations                                         32247

                                                  Dated: July 6, 2017.                                   U.S.C.   United States Code                           Merwin’s Wharf in the vicinity of
                                                A.B. Cocanour,                                           II. Background Information and                        41°29′23″ N., 081°42′16″ W., and
                                                Captain, U.S. Coast Guard, Captain of the                Regulatory History                                    returning to the mouth of the Old River
                                                Port Lake Michigan.                                                                                            at 41°29′55″ N., 081°42′18″ W. (NAD
                                                [FR Doc. 2017–14688 Filed 7–12–17; 8:45 am]
                                                                                                            The Coast Guard is issuing this                    83). No vessel or person will be
                                                                                                         temporary rule without prior notice and               permitted to enter the safety zone
                                                BILLING CODE 9110–04–P
                                                                                                         opportunity to comment pursuant to                    without obtaining permission from the
                                                                                                         authority under section 4(a) of the                   COTP or a designated representative.
                                                DEPARTMENT OF HOMELAND                                   Administrative Procedure Act (APA) (5                 Entry into, transiting, or anchoring
                                                SECURITY                                                 U.S.C. 553(b)). This provision                        within the safety zone is prohibited
                                                                                                         authorizes an agency to issue a rule                  unless authorized by the Captain of the
                                                Coast Guard                                              without prior notice and opportunity to               Port Buffalo or his designated on-scene
                                                                                                         comment when the agency for good                      representative. The Captain of the Port
                                                33 CFR Part 165                                          cause finds that those procedures are                 or his designated on-scene
                                                                                                         impracticable, unnecessary, or contrary               representative may be contacted via
                                                [Docket Number USCG–2017–0482]
                                                                                                         to the public interest. Under 5 U.S.C.                VHF Channel 16.
                                                RIN 1625–AA00                                            553(b)(B), the Coast Guard finds that
                                                                                                         good cause exists for not publishing a                V. Regulatory Analyses
                                                Safety Zone; Cleveland Parade of                         notice of proposed rulemaking (NPRM)                    We developed this rule after
                                                Lights Boat Parade; Cuyahoga River,                      with respect to this rule. The event                  considering numerous statutes and
                                                Cleveland, OH                                            sponsor did not submit notice to the                  Executive Orders related to rulemaking.
                                                AGENCY:    Coast Guard, DHS.                             Coast Guard with sufficient time                      Below we summarize our analyses
                                                                                                         remaining before the event to publish an              based on a number of these statutes and
                                                ACTION:   Temporary final rule.
                                                                                                         NPRM. Delaying the effective date of                  Executive Orders, and we discuss First
                                                SUMMARY:   The Coast Guard is                            this rule to wait for a comment period                Amendment rights of protestors.
                                                establishing a moving safety zone for                    to run would be impracticable and
                                                                                                                                                               A. Regulatory Planning and Review
                                                certain waters of the Cuyahoga River.                    contrary to the public interest by
                                                This action is necessary to provide for                  inhibiting the Coast Guard’s ability to                  Executive Orders 12866 and 13563
                                                the safety of life on these navigable                    protect spectators and vessels from the               direct agencies to assess the costs and
                                                waters in the Cuyahoga River,                            hazards associated with a boat parade.                benefits of available regulatory
                                                Cleveland, OH during the Cleveland                          Under 5 U.S.C. 553(d)(3), the Coast                alternatives and, if regulation is
                                                Parade of Lights on July 22, 2017. This                  Guard finds that good cause exists for                necessary, to select regulatory
                                                temporary safety zone is necessary to                    making this temporary rule effective less             approaches that maximize net benefits.
                                                protect personnel, vessels, and the                      than 30 days after publication in the                 Executive Order 13771 directs agencies
                                                marine environment from the potential                    Federal Register because doing so                     to control regulatory costs through a
                                                hazards created by 60 vessels transiting                 would be impracticable and contrary to                budgeting process. This rule has not
                                                in the river with lights not normally                    the public interest. Delaying the                     been designated a ‘‘significant
                                                used for marine traffic navigation lights.               effective date would be contrary to the               regulatory action,’’ under Executive
                                                Entry of vessels or persons into this                    rule’s objectives of ensuring safety of               Order 12866. Accordingly, this rule has
                                                zone is prohibited unless specifically                   life on the navigable waters and                      not been reviewed by the Office of
                                                authorized by the Captain of the Port                    protection of persons and vessels near                Management and Budget (OMB), and
                                                Sector Buffalo.                                          the boat parade.                                      pursuant to OMB guidance it is exempt
                                                                                                                                                               from the requirements of Executive
                                                DATES: This rule is effective from 10:00                 III. Legal Authority and Need for Rule                Order 13771.
                                                p.m. through 11:30 p.m. on July 22,                         The Coast Guard is issuing this rule                  We conclude that this rule is not a
                                                2017.                                                    under authority in 33 U.S.C. 1231. The                significant regulatory action because we
                                                ADDRESSES:   To view documents                           Captain of the Port Buffalo, NY (COTP)                anticipate that it will have minimal
                                                mentioned in this preamble as being                      has determined that potential hazards                 impact on the economy, will not
                                                available in the docket, go to http://                   associated with 60 vessels displaying                 interfere with other agencies, will not
                                                www.regulations.gov, type USCG–2017–                     lights that are not used for navigation               adversely alter the budget of any grant
                                                0482 in the ‘‘SEARCH’’ box and click                     will be a safety concern for other vessels            or loan recipients, and will not raise any
                                                ‘‘SEARCH.’’ Click on Open Docket                         underway. This rule is needed to protect              novel legal or policy issues. The safety
                                                Folder on the line associated with this                  personnel, vessels, and the marine                    zone created by this rule will be
                                                rule.                                                    environment in the navigable waters                   relatively small and enforced for a
                                                FOR FURTHER INFORMATION CONTACT: If                      within the safety zone during the                     relatively short time. Also, the safety
                                                you have questions on this rule, call or                 Cleveland Parade of Lights.                           zone is designed to minimize its impact
                                                email LT Ryan Junod, Chief of                                                                                  on navigable waters. Furthermore, the
                                                                                                         IV. Discussion of the Rule
                                                Waterways Management, U.S. Coast                                                                               safety zone has been designed to allow
                                                Guard Marine Safety Unit Cleveland;                         This rule establishes a safety zone                vessels to transit around it. Thus,
                                                telephone 216–937–0124, email                            from 10 p.m. through 11:30 p.m. on July               restrictions on vessel movement within
                                                ryan.s.junod@uscg.mil.                                   22, 2017. The moving safety zone will                 that particular area are expected to be
                                                                                                         encompass all waters within 25 feet of                minimal. Under certain conditions,
                                                SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                         the vessels participating in the                      moreover, vessels may still transit
                                                I. Table of Abbreviations                                Cleveland Parade of Lights in the                     through the safety zone when permitted
                                                CFR Code of Federal Regulations
                                                                                                         Cuyahoga River. The safety zone will                  by the Captain of the Port.
                                                DHS Department of Homeland Security                      move with participating vessels as they
                                                                                                         transit from the mouth of the Cuyahoga                B. Impact on Small Entities
                                                FR Federal Register
                                                NPRM Notice of proposed rulemaking                       River in the vicinity of position                       The Regulatory Flexibility Act of
                                                § Section                                                41°29′59″ N., 081°43′31″ W., to                       1980, 5 U.S.C. 601–612, as amended,


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                                                32248              Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations

                                                requires Federal agencies to consider                    with the fundamental federalism                       jeopardizing the safety or security of
                                                the potential impact of regulations on                   principles and preemption requirements                people, places or vessels.
                                                small entities during rulemaking. The                    described in Executive Order 13132.
                                                                                                            Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                                term ‘‘small entities’’ comprises small
                                                businesses, not-for-profit organizations                 implications under Executive Order                      Harbors, Marine safety, Navigation
                                                that are independently owned and                         13175, Consultation and Coordination                  (water), Reporting and recordkeeping
                                                operated and are not dominant in their                   with Indian Tribal Governments,                       requirements, Security measures,
                                                fields, and governmental jurisdictions                   because it does not have a substantial                Waterways.
                                                with populations of less than 50,000.                    direct effect on one or more Indian                     For the reasons discussed in the
                                                The Coast Guard certifies under 5 U.S.C.                 tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                                605(b) that this rule will not have a                    Federal Government and Indian tribes,                 CFR part 165 as follows:
                                                significant economic impact on a                         or on the distribution of power and
                                                substantial number of small entities.                    responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                                   While some owners or operators of                     Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                                vessels intending to transit the safety                  believe this rule has implications for
                                                zone may be small entities, for the                      federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                                reasons stated in section V.A above, this                contact the person listed in the FOR                  continues to read as follows:
                                                rule will not have a significant                         FURTHER INFORMATION CONTACT section                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                economic impact on any vessel owner                      above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                or operator.                                                                                                   Department of Homeland Security Delegation
                                                   Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act                       No. 0170.1.
                                                Business Regulatory Enforcement                            The Unfunded Mandates Reform Act                    ■ 2. Add § 165.T09–0482 to read as
                                                Fairness Act of 1996 (Pub. L. 104–121),                  of 1995 (2 U.S.C. 1531–1538) requires                 follows:
                                                we want to assist small entities in                      Federal agencies to assess the effects of
                                                understanding this rule. If the rule                     their discretionary regulatory actions. In            § 165.T09–0482 Moving Safety Zone;
                                                would affect your small business,                        particular, the Act addresses actions                 Cleveland Parade of Lights Boat Parade;
                                                                                                                                                               Cuyahoga River, Cleveland, OH.
                                                organization, or governmental                            that may result in the expenditure by a
                                                jurisdiction and you have questions                      State, local, or tribal government, in the               (a) Location. The moving safety zone
                                                concerning its provisions or options for                 aggregate, or by the private sector of                will encompass all waters within 25 feet
                                                compliance, please contact the person                    $100,000,000 (adjusted for inflation) or              of the vessels participating in the
                                                listed in the FOR FURTHER INFORMATION                    more in any one year. Though this rule                Cleveland Parade of Lights in the
                                                CONTACT section.                                         will not result in such an expenditure,               Cuyahoga River. The safety zone will
                                                   Small businesses may send comments                    we do discuss the effects of this rule                move with participating vessels as they
                                                on the actions of Federal employees                      elsewhere in this preamble.                           transit from the mouth of the Cuyahoga
                                                who enforce, or otherwise determine                                                                            River in the vicinity of position
                                                                                                         F. Environment                                        41°29′59″ N., 081°43′31″ W., to
                                                compliance with, Federal regulations to
                                                the Small Business and Agriculture                         We have analyzed this rule under                    Merwin’s Wharf in the vicinity of
                                                Regulatory Enforcement Ombudsman                         Department of Homeland Security                       41°29′23″ N., 081°42′16″ W., and
                                                and the Regional Small Business                          Management Directive 023–01 and                       returning to the mouth of the Old River
                                                Regulatory Fairness Boards. The                          Commandant Instruction M16475.lD,                     at 41°29′55″ N., 081°42′18″ W. (NAD
                                                Ombudsman evaluates these actions                        which guide the Coast Guard in                        83).
                                                annually and rates each agency’s                         complying with the National                              (b) Effective and enforcement period.
                                                responsiveness to small business. If you                 Environmental Policy Act of 1969(42                   This regulation is effective and will be
                                                wish to comment on actions by                            U.S.C. 4321–4370f), and have                          enforced on July 22, 2017 from 10 p.m.
                                                employees of the Coast Guard, call 1–                    determined that this action is one of a               until 11:30 p.m.
                                                888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                          (c) Regulations. (1) In accordance with
                                                Coast Guard will not retaliate against                   individually or cumulatively have a                   the general regulations in § 165.23, entry
                                                small entities that question or complain                 significant effect on the human                       into, transiting, or anchoring within this
                                                about this rule or any policy or action                  environment. This rule involves a safety              safety zone is prohibited unless
                                                of the Coast Guard.                                      zone lasting one and a half hours that                authorized by the Captain of the Port
                                                                                                         will prohibit entry within a small area               Buffalo or his designated on-scene
                                                C. Collection of Information                             of the Cuyahoga River. It is categorically            representative.
                                                  This rule will not call for a new                      excluded from further review under                       (2) This safety zone is closed to all
                                                collection of information under the                      paragraph 34(g) of Figure 2–1 of the                  vessel traffic, except as may be
                                                Paperwork Reduction Act of 1995 (44                      Commandant Instruction. A Record of                   permitted by the Captain of the Port
                                                U.S.C. 3501–3520).                                       Environmental Consideration (REC)                     Buffalo or his designated on-scene
                                                                                                         supporting this determination is                      representative.
                                                D. Federalism and Indian Tribal                                                                                   (3) The ‘‘on-scene representative’’ of
                                                                                                         available in the docket where indicated
                                                Governments                                                                                                    the Captain of the Port Buffalo is any
                                                                                                         in the ADDRESSES section of this
                                                   A rule has implications for federalism                preamble.                                             Coast Guard commissioned, warrant or
                                                under Executive Order 13132,                                                                                   petty officer who has been designated
                                                Federalism, if it has a substantial direct               G. Protest Activities                                 by the Captain of the Port Buffalo to act
jstallworth on DSK7TPTVN1PROD with RULES




                                                effect on the States, on the relationship                  The Coast Guard respects the First                  on his behalf.
                                                between the national government and                      Amendment rights of protesters.                          (4) Vessel operators desiring to enter
                                                the States, or on the distribution of                    Protesters are asked to contact the                   or operate within the safety zone shall
                                                power and responsibilities among the                     person listed in the FOR FURTHER                      contact the Captain of the Port Buffalo
                                                various levels of government. We have                    INFORMATION CONTACT section to                        or his on-scene representative to obtain
                                                analyzed this rule under that Order and                  coordinate protest activities so that your            permission to do so. The Captain of the
                                                have determined that it is consistent                    message can be received without                       Port Buffalo or his on-scene


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                                                                   Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations                                         32249

                                                representative may be contacted via                      publish a timely withdrawal of this                   form of encryption, and be free of any
                                                VHF Channel 16. Vessel operators given                   direct final rule in the Federal Register             defects or viruses. (For additional
                                                permission to enter or operate in the                    and inform the public that this                       information about the EPA’s public
                                                safety zone must comply with all                         authorization will not take effect.                   docket, visit the EPA Docket Center
                                                directions given to them by the Captain                  ADDRESSES: Submit your comments by                    homepage at http://
                                                of the Port Buffalo, or his on-scene                     one of the following methods:                         www.regulations.gov).
                                                representative.                                             • Federal eRulemaking Portal: http://                 Docket: All documents in the docket
                                                   Dated: July 6, 2017.                                  www.regulations.gov. Follow the online                are listed in the http://
                                                J.S. Dufresne,                                           instructions for submitting comments.                 www.regulations.gov index. Although
                                                Captain, U.S. Coast Guard, Captain of the                   • Email: patterson.alima@epa.gov.                  listed in the index, some information is
                                                Port Buffalo.                                               • Fax: (214) 665–6762 (prior to                    not publicly available, e.g., CBI or other
                                                                                                         faxing, please notify Alima Patterson at              information whose disclosure is
                                                [FR Doc. 2017–14697 Filed 7–12–17; 8:45 am]
                                                                                                         (214) 665–8533).                                      restricted by statute. Certain other
                                                BILLING CODE 9110–04–P
                                                                                                            • Mail: Alima Patterson, Regional                  material, such as copyrighted material,
                                                                                                         Authorization Coordinator, RCRA                       will be publicly available only in hard
                                                                                                         Permit Section (6MM–RP), Multimedia                   copy. Publicly available docket
                                                ENVIRONMENTAL PROTECTION                                                                                       materials are available either
                                                                                                         Division, EPA Region 6, 1445 Ross
                                                AGENCY                                                                                                         electronically in http://
                                                                                                         Avenue, Suite 1200, Dallas Texas
                                                                                                         75202–2733.                                           www.regulations.gov, or in hard copy.
                                                40 CFR Part 271
                                                                                                            • Hand Delivery or Courier: Deliver                   You can view and copy Oklahoma’s
                                                [EPA–R06–RCRA–2016–0344; FRL–9962–                       your comments to Alima Patterson,                     application and associated publicly
                                                39–Region 6]                                                                                                   available materials from 8:30 a.m. to
                                                                                                         Regional Authorization Coordinator,
                                                                                                         RCRA Permit Section (6MM–RP),                         4:00 p.m. Monday through Friday at the
                                                Oklahoma: Final Authorization of State                                                                         following locations: Oklahoma
                                                Hazardous Waste Management                               Multimedia Division, EPA Region 6,
                                                                                                         1445 Ross Avenue, Suite 1200, Dallas                  Department of Environmental Quality,
                                                Program Revision                                                                                               707 North Robinson, Oklahoma City,
                                                                                                         Texas 75202–2733.
                                                AGENCY: Environmental Protection                            Instructions: EPA must receive your                Oklahoma 73101–1677, (405) 702–7180
                                                Agency (EPA).                                            comments by August 14, 2017. Direct                   and EPA, Region 6, 1445 Ross Avenue,
                                                ACTION: Direct final rule.                               your comments to Docket ID Number                     Suite 1200, Dallas, Texas 75202–2733,
                                                                                                         EPA–R06–RCRA–2016–0344. The EPA’s                     phone number (214) 665–8533.
                                                SUMMARY:    The State of Oklahoma                        policy is that all comments received                  Interested persons wanting to examine
                                                Department of Environmental Quality                      will be included in the public docket                 these documents should make an
                                                (ODEQ) has applied to the                                without change and may be made                        appointment with the office at least two
                                                Environmental Protection Agency (EPA)                    available online at http://                           weeks in advance.
                                                for final authorization of the changes to                www.regulations.gov, including any                    FOR FURTHER INFORMATION CONTACT:
                                                its hazardous waste program under the                    personal information provided, unless                 Alima Patterson, Region 6, Regional
                                                Resource Conservation and Recovery                       the comment includes information                      Authorization Coordinator, Permit
                                                Act (RCRA). EPA has determined that                      claimed to be Confidential Business                   Section (6MM–RP), Multimedia
                                                these changes satisfy all requirements                   Information (CBI), or other Information               Division, (214) 665–8533, EPA Region 6,
                                                needed to qualify for final authorization,               (CBI), or other information whose                     1445 Ross Avenue, Suite 1200, Dallas
                                                and is authorizing the State’s changes                   disclosure is restricted by statute. Do               Texas 75202–2733, and Email address
                                                through this direct final action. In the                 not submit information that you                       patterson.alima@epa.gov.
                                                ‘‘Proposed Rules’’ section of this                       consider to be CBI or otherwise                       SUPPLEMENTARY INFORMATION:
                                                Federal Register, EPA is also publishing                 protected through http://
                                                a separate document that serves as the                   www.regulations.gov, or email. The                    A. Why are revisions to State programs
                                                proposal to authorize these changes.                     Federal http://www.regulations.gov Web                necessary?
                                                EPA believes this action is not                          site is an ‘‘anonymous access’’ system,                 States which have received final
                                                controversial and does not expect                        which means the EPA will not know                     authorization from the EPA under RCRA
                                                comments that oppose it. Unless EPA                      your identity or contact information                  section 3006(b), 42 U.S.C. 6926(b), must
                                                receives written comments which                          unless you provide it in the body of                  maintain a hazardous waste program
                                                oppose this authorization during the                     your comment. If you send an email                    that is equivalent to, consistent with,
                                                comment period, the decision to                          comment directly to the EPA without                   and no less stringent than the Federal
                                                authorize Oklahoma’s changes to its                      going through regulations.gov, your                   program. As the Federal program
                                                hazardous waste program will take                        email address will be automatically                   changes, States must change their
                                                effect. If EPA receives comments that                    captured and included as part of the                  programs and ask the EPA to authorize
                                                oppose this action, EPA will publish a                   comment that is placed in the public                  the changes. Changes to State programs
                                                document in the Federal Register                         docket and made available on the                      may be necessary when Federal or State
                                                withdrawing this direct final rule before                Internet. If you submit an electronic                 statutory or regulatory authority is
                                                it takes effect, and the separate                        comment, the EPA recommends that                      modified or when certain other changes
                                                document in the ‘‘Proposed Rules’’                       you include your name and other                       occur. Most commonly, States must
                                                section of this Federal Register will                    contact information in the body of your               change their programs because of
jstallworth on DSK7TPTVN1PROD with RULES




                                                serve as the proposal to authorize the                   comment and with any disk or CD–ROM                   changes to the EPA’s regulations in 40
                                                changes.                                                 you submit. If the EPA cannot read your               Code of Federal Regulations (CFR) parts
                                                DATES: This final authorization is                       comment due to technical difficulties                 124, 260 through 266, 268, 270, 273, and
                                                effective on September 11, 2017 unless                   and cannot contact you for clarification,             279.
                                                the EPA receives adverse written                         the EPA may not be able to consider                     New Federal requirements and
                                                comment by August 14, 2017. If the EPA                   your comment. Electronic files should                 prohibitions imposed by Federal
                                                receives such comment, EPA will                          avoid the use of special characters, any              regulations that the EPA promulgates


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Document Created: 2017-07-13 01:00:41
Document Modified: 2017-07-13 01:00:41
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 10:00 p.m. through 11:30 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 32247 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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