82_FR_32606 82 FR 32472 - Safety Zone; BASS Master Fireworks Display; Saint Lawrence River, Ogden Island, Waddington, NY

82 FR 32472 - Safety Zone; BASS Master Fireworks Display; Saint Lawrence River, Ogden Island, Waddington, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 134 (July 14, 2017)

Page Range32472-32474
FR Document2017-14844

The Coast Guard is establishing a temporary safety zone on the Saint Lawrence River, Ogden Island, Waddington, NY. This safety zone is intended to restrict vessels from a portion of the Saint Lawrence River during the BASS Master Fireworks Display on July 22, 2017. This temporary safety zone is necessary to protect mariners and vessels from the navigational 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 Buffalo.

Federal Register, Volume 82 Issue 134 (Friday, July 14, 2017)
[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Rules and Regulations]
[Pages 32472-32474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14844]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0386]
RIN 1625-AA00


Safety Zone; BASS Master Fireworks Display; Saint Lawrence River, 
Ogden Island, Waddington, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Saint Lawrence River, Ogden Island, Waddington, NY. This safety zone is 
intended to restrict vessels from a portion of the Saint Lawrence River 
during the BASS Master Fireworks Display on July 22, 2017. This 
temporary safety zone is necessary to protect mariners and vessels from 
the navigational 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 Buffalo.

DATES: This rule is effective from 8:45 p.m. to 10:15 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-
2017-0386 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Michael Collet, Chief of 
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9322, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency 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 fireworks display.
    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 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 (COTP) has determined that a 
maritime fireworks show presents significant risks to public safety and 
property. Such hazards include premature and accidental detonations, 
dangerous projectiles, and falling or burning debris. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the fireworks show is 
taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 22, 2017 from 8:45 p.m. 
to 10:15 p.m. The safety zone will encompass all waters of the Saint 
Lawrence River, Ogden Island, Waddington, NY within a 560-foot radius 
of position 44[deg]52'16.58'' N. and 075[deg]12'18.08'' W. (NAD 83).
    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

[[Page 32473]]

Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    This rule has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs''' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and enforced for a relatively short time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, the safety zone has been designed to allow vessels to 
transit around it. Thus, restrictions on vessel movement within that 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that it 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule establishes a temporary safety zone. It is categorically excluded 
under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction, 
which pertains to establishment of safety zones. A Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 32474]]

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.T09-0386 to read as follows:


Sec.  165.T09-0386  Safety Zone; BASS Master Fireworks Display, Saint 
Lawrence River, Ogden Island, Waddington, NY.

    (a) Location. This zone will encompass all waters of the Saint 
Lawrence River, Ogden Island, Waddington, NY within a 560-foot radius 
of position 44[deg]52'16.58'' N. and 075[deg]12'18.08'' W. (NAD 83).
    (b) Enforcement period. This regulation is effective on July 22, 
2017 from 8:45 p.m. until 10:15 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 must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: July 10, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-14844 Filed 7-13-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                32472                Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations

                                                § 165.T09–0419 Safety Zone; Milwaukee                    DEPARTMENT OF HOMELAND                                without prior notice and opportunity to
                                                Air and Water Show, Milwaukee Harbor;                    SECURITY                                              comment when the agency for good
                                                Milwaukee, Wisconsin.                                                                                          cause finds that those procedures are
                                                   (a) Location. This zone will                          Coast Guard                                           impracticable, unnecessary, or contrary
                                                encompass all navigable waters of                                                                              to the public interest. Under 5 U.S.C.
                                                                                                         33 CFR Part 165                                       553(b)(B), the Coast Guard finds that
                                                Milwaukee Harbor in the vicinity of
                                                                                                                                                               good cause exists for not publishing a
                                                Lakeshore State Park within an area                      [Docket Number USCG–2017–0386]
                                                                                                                                                               notice of proposed rulemaking (NPRM)
                                                bounded by the following coordinates,                    RIN 1625–AA00                                         with respect to this rule. The event
                                                beginning at 43°02.455′ N., 087°52.880′
                                                                                                                                                               sponsor did not submit notice to the
                                                W.; then southeast to 43°02.230′ N.,                     Safety Zone; BASS Master Fireworks                    Coast Guard with sufficient time
                                                087°52.061′ W.; then northeast to                        Display; Saint Lawrence River, Ogden                  remaining before the event to publish an
                                                43°04.451′ N., 087°50.503′ W.; then                      Island, Waddington, NY                                NPRM. Delaying the effective date of
                                                northwest to 43°04.738′ N., 087°51.445′                                                                        this rule to wait for a comment period
                                                                                                         AGENCY:    Coast Guard, DHS.
                                                W.; then southwest to 43°02.848′ N.,                                                                           to run would be impracticable and
                                                087°52.772′ W.; then returning to the                    ACTION:   Temporary final rule.
                                                                                                                                                               contrary to the public interest by
                                                point of origin.                                         SUMMARY:   The Coast Guard is                         inhibiting the Coast Guard’s ability to
                                                   (b) Effective period. This rule will be               establishing a temporary safety zone on               protect spectators and vessels from the
                                                effective from 9:00 a.m. on July 13, 2017                the Saint Lawrence River, Ogden Island,               hazards associated with a fireworks
                                                through 5:00 p.m. on July 16, 2017. This                 Waddington, NY. This safety zone is                   display.
                                                rule will be enforced from 9:00 a.m.                     intended to restrict vessels from a                      Under 5 U.S.C. 553(d)(3), the Coast
                                                through 5:00 p.m. on each day from July                  portion of the Saint Lawrence River                   Guard finds that good cause exists for
                                                13, 2017 through July 16, 2017.                          during the BASS Master Fireworks                      making this temporary rule effective less
                                                                                                         Display on July 22, 2017. This                        than 30 days after publication in the
                                                   (c) Regulations. (1) In accordance with               temporary safety zone is necessary to                 Federal Register because doing so
                                                the general regulations in § 165.23, entry               protect mariners and vessels from the                 would be impracticable and contrary to
                                                into, transiting, or anchoring in this                   navigational hazards associated with a                the public interest. Delaying the
                                                safety zone is prohibited unless                         fireworks display. Entry of vessels or                effective date would be contrary to the
                                                authorized by the Captain of the Port                    persons into this zone is prohibited                  rule’s objectives of ensuring safety of
                                                Lake Michigan or her designated on-                      unless specifically authorized by the                 life on the navigable waters and
                                                scene representative.                                    Captain of the Port Buffalo.                          protection of persons and vessels near
                                                   (2) This safety zone is closed to all                 DATES: This rule is effective from 8:45               the fireworks display.
                                                vessel traffic except as permitted by the                p.m. to 10:15 p.m. on July 22, 2017.                  III. Legal Authority and Need for Rule
                                                Captain of the Port Lake Michigan or her                 ADDRESSES:   To view documents                           The Coast Guard is issuing this rule
                                                designated on-scene representative.                      mentioned in this preamble as being                   under authority in 33 U.S.C. 1231. The
                                                   (3) The ‘‘on-scene representative’’ of                available in the docket, go to http://                Captain of the Port Buffalo (COTP) has
                                                the Captain of the Port Lake Michigan                    www.regulations.gov, type USCG–2017–                  determined that a maritime fireworks
                                                is any Coast Guard commissioned,                         0386 in the ‘‘SEARCH’’ box and click                  show presents significant risks to public
                                                warrant or petty officer who has been                    ‘‘SEARCH.’’ Click on Open Docket                      safety and property. Such hazards
                                                designated by the Captain of the Port                    Folder on the line associated with this               include premature and accidental
                                                Lake Michigan to act on her behalf.                      rule.                                                 detonations, dangerous projectiles, and
                                                                                                         FOR FURTHER INFORMATION CONTACT: If                   falling or burning debris. This rule is
                                                   (4) Vessel operators desiring to enter
                                                                                                         you have questions about this proposed                needed to protect personnel, vessels,
                                                or operate within the safety zone must
                                                                                                         rulemaking, call or email LT Michael                  and the marine environment in the
                                                contact the Captain of the Port Lake                                                                           navigable waters within the safety zone
                                                Michigan or her on-scene representative                  Collet, Chief of Waterways Management,
                                                                                                         U.S. Coast Guard Sector Buffalo;                      while the fireworks show is taking
                                                to obtain permission to do so. The                                                                             place.
                                                                                                         telephone 716–843–9322, email D09–
                                                Captain of the Port Lake Michigan or her
                                                                                                         SMB–SECBuffalo-WWM@uscg.mil.                          IV. Discussion of the Rule
                                                on-scene representative may be
                                                                                                         SUPPLEMENTARY INFORMATION:
                                                contacted at 414–747–7182 or via VHF                                                                             This rule establishes a safety zone on
                                                Channel 16. Vessel operators given                       I. Table of Abbreviations                             July 22, 2017 from 8:45 p.m. to 10:15
                                                permission to enter or operate in the                    CFR Code of Federal Regulations
                                                                                                                                                               p.m. The safety zone will encompass all
                                                safety zone must comply with all                         DHS Department of Homeland Security                   waters of the Saint Lawrence River,
                                                directions given to them by the Captain                  FR Federal Register                                   Ogden Island, Waddington, NY within a
                                                of the Port Lake Michigan or her on-                     NPRM Notice of proposed rulemaking                    560-foot radius of position 44°52′16.58″
                                                scene representative.                                    Pub. L. Public Law                                    N. and 075°12′18.08″ W. (NAD 83).
                                                                                                         § Section                                               Entry into, transiting, or anchoring
                                                A.B. Cocanour,                                           U.S.C. United States Code                             within the safety zone is prohibited
                                                Captain, U.S. Coast Guard, Captain of the                II. Background Information and                        unless authorized by the Captain of the
                                                Port Lake Michigan.
                                                                                                         Regulatory History                                    Port Buffalo or his designated on-scene
                                                [FR Doc. 2017–14762 Filed 7–13–17; 8:45 am]                                                                    representative. The Captain of the Port
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                                                BILLING CODE 9110–04–P
                                                                                                           The Coast Guard is issuing this                     or his designated on-scene
                                                                                                         temporary rule without prior notice and               representative may be contacted via
                                                                                                         opportunity to comment pursuant to                    VHF Channel 16.
                                                                                                         authority under section 4(a) of the
                                                                                                         Administrative Procedure Act (APA) (5                 V. Regulatory Analyses
                                                                                                         U.S.C. 553(b)). This provision                          We developed this rule after
                                                                                                         authorizes an agency to issue a rule                  considering numerous statutes and


                                           VerDate Sep<11>2014   17:00 Jul 13, 2017   Jkt 241001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\14JYR1.SGM   14JYR1


                                                                     Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations                                         32473

                                                Executive Orders related to rulemaking.                  term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                                Below we summarize our analyses                          businesses, not-for-profit organizations              implications under Executive Order
                                                based on a number of these statutes and                  that are independently owned and                      13175, Consultation and Coordination
                                                Executive Orders, and we discuss First                   operated and are not dominant in their                with Indian Tribal Governments,
                                                Amendment rights of protestors.                          fields, and governmental jurisdictions                because it does not have a substantial
                                                                                                         with populations of less than 50,000.                 direct effect on one or more Indian
                                                A. Regulatory Planning and Review
                                                                                                         The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                                   Executive Orders 12866 and 13563                      605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                                direct agencies to assess the costs and                  significant economic impact on a                      or on the distribution of power and
                                                benefits of available regulatory                         substantial number of small entities.                 responsibilities between the Federal
                                                alternatives and, if regulation is                          While some owners or operators of
                                                necessary, to select regulatory                                                                                Government and Indian tribes. If you
                                                                                                         vessels intending to transit the safety
                                                approaches that maximize net benefits.                                                                         believe this rule has implications for
                                                                                                         zone may be small entities, for the
                                                Executive Order 13563 emphasizes the                     reasons stated in section V.A above, this             federalism or Indian tribes, please
                                                importance of quantifying both costs                     rule will not have a significant                      contact the person listed in the FOR
                                                and benefits, of reducing costs, of                      economic impact on any vessel owner                   FURTHER INFORMATION CONTACT section
                                                harmonizing rules, and of promoting                      or operator.                                          above.
                                                flexibility. Executive Order 13771                          Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                (‘‘Reducing Regulation and Controlling                   Business Regulatory Enforcement
                                                Regulatory Costs’’), directs agencies to                 Fairness Act of 1996 (Pub. L. 104–121),                 The Unfunded Mandates Reform Act
                                                reduce regulation and control regulatory                 we want to assist small entities in                   of 1995 (2 U.S.C. 1531–1538) requires
                                                costs and provides that ‘‘for every one                  understanding this rule. If the rule                  Federal agencies to assess the effects of
                                                new regulation issued, at least two prior                would affect your small business,                     their discretionary regulatory actions. In
                                                regulations be identified for elimination,               organization, or governmental                         particular, the Act addresses actions
                                                and that the cost of planned regulations                 jurisdiction and you have questions                   that may result in the expenditure by a
                                                be prudently managed and controlled                      concerning its provisions or options for              State, local, or tribal government, in the
                                                through a budgeting process.’’                           compliance, please contact the person                 aggregate, or by the private sector of
                                                   This rule has not been designated a                   listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                                ‘‘significant regulatory action,’’ under                 CONTACT section.                                      more in any one year. Though this rule
                                                Executive Order 12866. Accordingly, it                      Small businesses may send comments                 will not result in such an expenditure,
                                                has not been reviewed by the Office of                   on the actions of Federal employees                   we do discuss the effects of this rule
                                                Management and Budget.                                   who enforce, or otherwise determine                   elsewhere in this preamble.
                                                   As this rule is not a significant                     compliance with, Federal regulations to
                                                regulatory action, this rule is exempt                   the Small Business and Agriculture                    F. Environment
                                                from the requirements of Executive                       Regulatory Enforcement Ombudsman
                                                Order 13771. See OMB’s Memorandum                        and the Regional Small Business                         We have analyzed this rule under
                                                titled ‘‘Interim Guidance Implementing                   Regulatory Fairness Boards. The                       Department of Homeland Security
                                                Section 2 of the Executive Order of                      Ombudsman evaluates these actions                     Management Directive 023–01 and
                                                January 30, 2017 titled ‘Reducing                        annually and rates each agency’s                      Commandant Instruction M16475.lD,
                                                Regulation and Controlling Regulatory                    responsiveness to small business. If you              which guide the Coast Guard in
                                                Costs’’’ (February 2, 2017).                             wish to comment on actions by                         complying with the National
                                                   We conclude that this rule is not a                   employees of the Coast Guard, call 1–                 Environmental Policy Act of 1969 (42
                                                significant regulatory action because we                 888–REG–FAIR (1–888–734–3247). The                    U.S.C. 4321–4370f), and have
                                                anticipate that it will have minimal                     Coast Guard will not retaliate against                determined that it is one of a category
                                                impact on the economy, will not                          small entities that question or complain              of actions that do not individually or
                                                interfere with other agencies, will not                  about this rule or any policy or action               cumulatively have a significant effect on
                                                adversely alter the budget of any grant                  of the Coast Guard.                                   the human environment. This rule
                                                or loan recipients, and will not raise any                                                                     establishes a temporary safety zone. It is
                                                novel legal or policy issues. The safety                 C. Collection of Information
                                                                                                                                                               categorically excluded under section
                                                zone created by this rule will be                          This rule will not call for a new                   2.B.2, figure 2–1, paragraph 34(g) of the
                                                relatively small and enforced for a                      collection of information under the                   Instruction, which pertains to
                                                relatively short time. Also, the safety                  Paperwork Reduction Act of 1995 (44                   establishment of safety zones. A Record
                                                zone is designed to minimize its impact                  U.S.C. 3501–3520).                                    of Environmental Consideration (REC)
                                                on navigable waters. Furthermore, the                                                                          supporting this determination is
                                                                                                         D. Federalism and Indian Tribal
                                                safety zone has been designed to allow                                                                         available in the docket where indicated
                                                                                                         Governments
                                                vessels to transit around it. Thus,                                                                            in the ADDRESSES section of this
                                                restrictions on vessel movement within                      A rule has implications for federalism
                                                                                                                                                               preamble.
                                                that particular area are expected to be                  under Executive Order 13132,
                                                minimal. Under certain conditions,                       Federalism, if it has a substantial direct            G. Protest Activities
                                                moreover, vessels may still transit                      effect on the States, on the relationship
                                                through the safety zone when permitted                   between the national government and                     The Coast Guard respects the First
                                                by the Captain of the Port.                              the States, or on the distribution of                 Amendment rights of protesters.
mstockstill on DSK30JT082PROD with RULES




                                                                                                         power and responsibilities among the                  Protesters are asked to contact the
                                                B. Impact on Small Entities                              various levels of government. We have                 person listed in the FOR FURTHER
                                                  The Regulatory Flexibility Act of                      analyzed this rule under that Order and               INFORMATION CONTACT section to
                                                1980, 5 U.S.C. 601–612, as amended,                      have determined that it is consistent                 coordinate protest activities so that your
                                                requires Federal agencies to consider                    with the fundamental federalism                       message can be received without
                                                the potential impact of regulations on                   principles and preemption requirements                jeopardizing the safety or security of
                                                small entities during rulemaking. The                    described in Executive Order 13132.                   people, places or vessels.


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                                                32474                Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations

                                                List of Subjects in 33 CFR Part 165                         Dated: July 10, 2017.                              PART 233—[AMENDED]
                                                                                                         J.S. Dufresne,
                                                  Harbors, Marine safety, Navigation                     Captain, U.S. Coast Guard, Captain of the             ■ 1. The authority citation for part 233
                                                (water), Reporting and recordkeeping                     Port Buffalo.                                         continues to read as follows:
                                                requirements, Security measures,                         [FR Doc. 2017–14844 Filed 7–13–17; 8:45 am]             Authority: 39 U.S.C. 101, 102, 202, 204,
                                                Waterways.                                               BILLING CODE 9110–04–P                                401, 402, 403, 404, 406, 410, 411, 1003,
                                                  For the reasons discussed in the                                                                             3005(e)(1); 12 U.S.C. 3401–3422; 18 U.S.C.
                                                                                                                                                               981, 983, 1956, 1957, 2254, 3061; 21 U.S.C.
                                                preamble, the Coast Guard amends 33
                                                                                                                                                               881; Sec. 662, Pub. L. 104–208, 110 Stat.
                                                CFR part 165 as follows:                                                                                       3009–378.
                                                                                                         POSTAL SERVICE
                                                PART 165—REGULATED NAVIGATION                                                                                  § 233.3   [Amended]
                                                AREAS AND LIMITED ACCESS AREAS                           39 CFR Part 233
                                                                                                                                                               ■  2. In § 233.3(c)(4), remove the words
                                                                                                         Inspection Service Authority;                         ‘‘Standard Mail,’’ and add in their place
                                                ■ 1. The authority citation for part 165                 Technical Correction                                  the words ‘‘USPS Marketing Mail.’’
                                                continues to read as follows:
                                                                                                         AGENCY:  Postal ServiceTM.                            Stanley F. Mires,
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                               Attorney, Federal Compliance.
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                ACTION: Final rule; technical correction.
                                                Department of Homeland Security Delegation                                                                     [FR Doc. 2017–14763 Filed 7–13–17; 8:45 am]
                                                No. 0170.1.                                              SUMMARY:    The U.S. Postal Service® is               BILLING CODE 7710–12–P
                                                                                                         making a technical correction to ensure
                                                ■ 2. Add § 165.T09–0386 to read as                       that its regulations governing the use of
                                                follows:                                                 mail covers are consistent with current               ENVIRONMENTAL PROTECTION
                                                § 165.T09–0386 Safety Zone; BASS Master
                                                                                                         mail classification terminology, by                   AGENCY
                                                Fireworks Display, Saint Lawrence River,                 changing the product name ‘‘Standard
                                                Ogden Island, Waddington, NY.                            Mail®’’ to ‘‘USPS Marketing MailTM’’                  40 CFR Part 52
                                                                                                         wherever necessary.                                   [EPA–R02–OAR–2016–0559; FRL–9964–87–
                                                  (a) Location. This zone will
                                                                                                         DATES: This rule is effective July 14,                Region 2]
                                                encompass all waters of the Saint
                                                                                                         2017.
                                                Lawrence River, Ogden Island,                                                                                  Approval of Air Quality Implementation
                                                Waddington, NY within a 560-foot                         ADDRESSES:    Questions or comments on                Plans; Puerto Rico; Attainment
                                                radius of position 44°52′16.58″ N. and                   this action are welcome. Mail or deliver              Demonstration for the Arecibo Area for
                                                075°12′18.08″ W. (NAD 83).                               written comments to David Forde,                      the 2008 Lead National Ambient Air
                                                  (b) Enforcement period. This                           Acting Assistant Postal Inspector in                  Quality Standards
                                                regulation is effective on July 22, 2017                 Charge, Office of Counsel, U.S. Postal
                                                                                                         Inspection Service, 475 L’Enfant Plaza                AGENCY:  Environmental Protection
                                                from 8:45 p.m. until 10:15 p.m.
                                                                                                         SW., Room 3136, Washington, DC                        Agency.
                                                   (c) Regulations. (1) In accordance with               20260–3100.                                           ACTION: Final rule.
                                                the general regulations in § 165.23 of
                                                this part, entry into, transiting, or                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               SUMMARY:   The Environmental Protection
                                                anchoring within this safety zone is                     David Forde, Acting Assistant Postal                  Agency is approving a State
                                                prohibited unless authorized by the                      Inspector in Charge, Office of Counsel,               Implementation Plan (SIP) revision
                                                Captain of the Port Buffalo or his                       U.S. Postal Inspection Service, 202–                  dated August 30, 2016, submitted by the
                                                designated on-scene representative.                      268–7402, DC Forde@uspis.gov.                         Commonwealth of Puerto Rico to the
                                                                                                         SUPPLEMENTARY INFORMATION: On                         EPA. The purpose of this SIP revision is
                                                   (2) This safety zone is closed to all
                                                vessel traffic, except as may be                         December 21, 2016, the Postal ServiceTM               to provide for attainment of the 2008
                                                permitted by the Captain of the Port                     published a final rule replacing the                  Lead National Ambient Air Quality
                                                                                                         product name ‘‘Standard Mail’’ with the               Standard in the Arecibo Lead
                                                Buffalo or his designated on-scene
                                                                                                         new name ‘‘USPS Marketing Mail’’                      Nonattainment Area. The Arecibo
                                                representative.
                                                                                                         throughout subchapter 240 of Mailing                  Nonattainment Area is comprised of a
                                                   (3) The ‘‘on-scene representative’’ of                Standards of the United States Postal                 portion of Arecibo Municipality in
                                                the Captain of the Port Buffalo is any                   Service, Domestic Mail Manual (DMM).                  Puerto Rico with a 4 kilometer radius
                                                Coast Guard commissioned, warrant or                     See, 81 FR 93606, 93613–93615. This                   surrounding The Battery Recycling
                                                petty officer who has been designated                    rebranding is intended to enhance the                 Company, Inc. This SIP revision
                                                by the Captain of the Port Buffalo to act                public’s perception of this service, and              includes a base year emissions
                                                on his behalf.                                           improve its position in the marketplace.              inventory, a modeling demonstration
                                                   (4) Vessel operators desiring to enter                Consistent with these objectives, we are              showing attainment of the Lead
                                                or operate within the safety zone must                   amending our regulations as necessary                 National Ambient Air Quality Standard,
                                                contact the Captain of the Port Buffalo                  to reflect that the product name                      contingency measures and a narrative
                                                or his on-scene representative to obtain                 ‘‘Standard Mail’’ has been changed to                 on control measures that includes
                                                permission to do so. The Captain of the                  ‘‘USPS Marketing Mail.’’                              reasonably available control measures/
                                                Port Buffalo or his on-scene                             List of Subjects in 39 CFR Part 233                   reasonably available control technology,
mstockstill on DSK30JT082PROD with RULES




                                                representative may be contacted via                                                                            and reasonable further progress.
                                                VHF Channel 16. Vessel operators given                     Administrative practice and                         DATES: This rule is effective on August
                                                permission to enter or operate in the                    procedure, Crime, Law enforcement,                    14, 2017. The incorporation by reference
                                                safety zone must comply with all                         Penalties, Privacy.                                   of certain publications listed in the
                                                directions given to them by the Captain                    For the reasons stated in the                       regulations is approved by the Director
                                                of the Port Buffalo, or his on-scene                     preamble, the Postal Service amends 39                of the Federal Register as of August 14,
                                                representative.                                          CFR part 233 as follows:                              2017.


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Document Created: 2018-10-24 11:19:08
Document Modified: 2018-10-24 11:19:08
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 8:45 p.m. to 10:15 p.m. on July 22, 2017.
ContactIf you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, email [email protected]
FR Citation82 FR 32472 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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