82_FR_35243 82 FR 35099 - Safety Zone; Ogdensburg Summer Seaway Festival; Saint Lawrence Seaway, Ogdensburg, NY

82 FR 35099 - Safety Zone; Ogdensburg Summer Seaway Festival; Saint Lawrence Seaway, Ogdensburg, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 144 (July 28, 2017)

Page Range35099-35101
FR Document2017-15973

The Coast Guard is establishing a temporary safety zone on the Saint Lawrence River, Ogdensburg, NY. This safety zone is intended to restrict vessels from portions of the Saint Lawrence River during the Ogdensburg Seaway Summer Festival fireworks display on July 28, 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 144 (Friday, July 28, 2017)
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35099-35101]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15973]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0714]
RIN 1625-AA00


Safety Zone; Ogdensburg Summer Seaway Festival; Saint Lawrence 
Seaway, Ogdensburg, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Saint Lawrence River, Ogdensburg, NY. This safety zone is intended to 
restrict vessels from portions of the Saint Lawrence River during the 
Ogdensburg Seaway Summer Festival fireworks display on July 28, 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 9:45 p.m. to 10:45 p.m. on July 28, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0714 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 
rulemaking, call or email LT Michael Collet, Chief of Waterways 
Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, 
email D09-SMB-SECBuffalo-WWM@uscg.mil.

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 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 in the vicinity of 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 
fireworks display presents significant risks to public safety and 
property. Such hazards include premature and accidental

[[Page 35100]]

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 display takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 28, 2017 from 9:45 p.m. 
to 10:45 p.m. The safety zone will encompass all waters of the Saint 
Lawrence River; Ogdensburg, NY contained within 420-foot radius of: 
44[deg]42'04.4'' N., 075[deg]29'41.3'' 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 
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 only during the fireworks display. 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 the 
particular areas 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

[[Page 35101]]

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.

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.T09-0714 to read as follows:


Sec.  165.T09-0714  Safety Zone; Ogdensburg Seaway Summer Festival, 
Saint Lawrence River, Ogdensburg, NY.

    (a) Location. The safety zone will encompass all waters of the 
Saint Lawrence River; Ogdensburg, NY contained within a 420-foot radius 
of: 44[deg]42'04.4'' N., 075[deg]29'41.3'' W. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on July 
28, 2017 from 9:45 p.m. until 10:45 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 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 25, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-15973 Filed 7-27-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                       Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations                                        35099

                                                  on Lake Erie. It is categorically excluded               Buffalo or his designated on-scene                    Folder on the line associated with this
                                                  from further review under paragraph                      representative.                                       rule.
                                                  34(g) of Figure 2–1 of the Commandant                      (3) The ‘‘on-scene representative’’ of              FOR FURTHER INFORMATION CONTACT: If
                                                  Instruction. A Record of Environmental                   the Captain of the Port Buffalo is any                you have questions about this
                                                  Consideration (REC) supporting this                      Coast Guard commissioned, warrant or                  rulemaking, call or email LT Michael
                                                  determination is available in the docket                 petty officer who has been designated                 Collet, Chief of Waterways Management,
                                                  where indicated in the ADDRESSES                         by the Captain of the Port Buffalo to act             U.S. Coast Guard Sector Buffalo;
                                                  section of this preamble.                                on his behalf.                                        telephone 716–843–9322, email D09-
                                                                                                             (4) Vessel operators desiring to enter              SMB-SECBuffalo-WWM@uscg.mil.
                                                  G. Protest Activities                                    or operate within the safety zone shall               SUPPLEMENTARY INFORMATION:
                                                    The Coast Guard respects the First                     contact the Captain of the Port Buffalo
                                                  Amendment rights of protesters.                          or his on-scene representative to obtain              I. Table of Abbreviations
                                                  Protesters are asked to contact the                      permission to do so. The Captain of the               CFR Code of Federal Regulations
                                                  person listed in the FOR FURTHER                         Port Buffalo or his on-scene                          DHS Department of Homeland Security
                                                  INFORMATION CONTACT section to                           representative may be contacted via                   FR Federal Register
                                                  coordinate protest activities so that your               VHF Channel 16. Vessel operators given                NPRM Notice of proposed rulemaking
                                                  message can be received without                          permission to enter or operate in the                 § Section
                                                  jeopardizing the safety or security of                   safety zone must comply with all                      U.S.C. United States Code
                                                  people, places or vessels.                               directions given to them by the Captain               II. Background Information and
                                                                                                           of the Port Buffalo, or his on-scene                  Regulatory History
                                                  List of Subjects in 33 CFR Part 165                      representative.
                                                    Harbors, Marine safety, Navigation                                                                              The Coast Guard is issuing this
                                                                                                             Dated: July 21, 2017.                               temporary rule without prior notice and
                                                  (water), Reporting and recordkeeping                     Joseph S. Dufresne,
                                                  requirements, Security measures,                                                                               opportunity to comment pursuant to
                                                                                                           Captain, U.S. Coast Guard, Captain of the             authority under section 4(a) of the
                                                  Waterways.                                               Port Buffalo.                                         Administrative Procedure Act (APA) (5
                                                    For the reasons discussed in the                       [FR Doc. 2017–15889 Filed 7–27–17; 8:45 am]           U.S.C. 553(b)). This provision
                                                  preamble, the Coast Guard amends 33                      BILLING CODE 9110–04–P                                authorizes an agency to issue a rule
                                                  CFR part 165 as follows:                                                                                       without prior notice and opportunity to
                                                                                                                                                                 comment when the agency for good
                                                  PART 165—REGULATED NAVIGATION                            DEPARTMENT OF HOMELAND                                cause finds that those procedures are
                                                  AREAS AND LIMITED ACCESS AREAS                           SECURITY                                              impracticable, unnecessary, or contrary
                                                  ■ 1. The authority citation for part 165                                                                       to the public interest. Under 5 U.S.C.
                                                                                                           Coast Guard                                           553(b)(B), the Coast Guard finds that
                                                  continues to read as follows:
                                                                                                                                                                 good cause exists for not publishing a
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              33 CFR Part 165
                                                                                                                                                                 notice of proposed rulemaking (NPRM)
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  Department of Homeland Security Delegation
                                                                                                           [Docket Number USCG–2017–0714]                        with respect to this rule. The event
                                                  No. 0170.1.                                              RIN 1625–AA00
                                                                                                                                                                 sponsor did not submit notice to the
                                                                                                                                                                 Coast Guard with sufficient time
                                                  ■ 2. Add § 165.T09–0534 to read as                       Safety Zone; Ogdensburg Summer                        remaining before the event to publish an
                                                  follows:                                                 Seaway Festival; Saint Lawrence                       NPRM. Delaying the effective date of
                                                                                                           Seaway, Ogdensburg, NY                                this rule to wait for a comment period
                                                  § 165.T09–0534 Safety Zone; Whiskey
                                                  Island Paddlefest; Lake Erie, Cleveland, OH.
                                                                                                                                                                 to run would be impracticable and
                                                                                                           AGENCY:    Coast Guard, DHS.                          contrary to the public interest by
                                                    (a) Location. This zone will                           ACTION:   Temporary final rule.                       inhibiting the Coast Guard’s ability to
                                                  encompass all waters of Lake Erie;                                                                             protect spectators and vessels from the
                                                  Cleveland Harbor, Cleveland, OH from                     SUMMARY:   The Coast Guard is
                                                                                                                                                                 hazards associated with a fireworks
                                                  41°29′59.5″ N. and 081°42′59.3″ W. to                    establishing a temporary safety zone on
                                                                                                                                                                 display.
                                                  41°30′4.4″ N. and 081°42′44.5″ W. to                     the Saint Lawrence River, Ogdensburg,                    Under 5 U.S.C. 553(d)(3), the Coast
                                                  41°30′17.3″ N. and 081°43′0.6″ W. to                     NY. This safety zone is intended to                   Guard finds that good cause exists for
                                                  41°30′9.4″ N. and 081°43′2.0″ W. to                      restrict vessels from portions of the                 making this temporary rule effective less
                                                  41°29′54.9″ N. and 081°43′34.4″ W. to                    Saint Lawrence River during the                       than 30 days after publication in the
                                                  41°30′0.1″ N. and 081°43′3.1″ W. and                     Ogdensburg Seaway Summer Festival                     Federal Register because doing so
                                                  back to 41°29′59.5″ N. and 081°42′59.3″                  fireworks display on July 28, 2017. This              would be impracticable and contrary to
                                                  W. (NAD 83).                                             temporary safety zone is necessary to                 the public interest. Delaying the
                                                    (b) Effective and enforcement period.                  protect mariners and vessels from the                 effective date would be contrary to the
                                                  This regulation is effective and will be                 navigational hazards associated with a                rule’s objectives of ensuring safety of
                                                  enforced on August 19, 2017 from 6:45                    fireworks display. Entry of vessels or                life on the navigable waters and
                                                  a.m. until 11 a.m.                                       persons into this zone is prohibited                  protection of persons and vessels in the
                                                    (c) Regulations. (1) In accordance with                unless specifically authorized by the                 vicinity of the fireworks display.
                                                  the general regulations in § 165.23 of                   Captain of the Port Buffalo.
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  this part, entry into, transiting, or                    DATES: This rule is effective from 9:45               III. Legal Authority and Need for Rule
                                                  anchoring within this safety zone is                     p.m. to 10:45 p.m. on July 28, 2017.                     The Coast Guard is issuing this rule
                                                  prohibited unless authorized by the                      ADDRESSES: To view documents                          under authority in 33 U.S.C. 1231. The
                                                  Captain of the Port Buffalo or his                       mentioned in this preamble as being                   Captain of the Port Buffalo (COTP) has
                                                  designated on-scene representative.                      available in the docket, go to http://                determined that a fireworks display
                                                    (2) This safety zone is closed to all                  www.regulations.gov, type USCG–2017–                  presents significant risks to public
                                                  vessel traffic, except as may be                         0714 in the ‘‘SEARCH’’ box and click                  safety and property. Such hazards
                                                  permitted by the Captain of the Port                     ‘‘SEARCH.’’ Click on Open Docket                      include premature and accidental


                                             VerDate Sep<11>2014   17:01 Jul 27, 2017   Jkt 241001   PO 00000   Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\28JYR1.SGM   28JYR1


                                                  35100                Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations

                                                  detonations, dangerous projectiles, and                    We conclude that this rule is not a                 wish to comment on actions by
                                                  falling or burning debris. This rule is                  significant regulatory action because we              employees of the Coast Guard, call 1–
                                                  needed to protect personnel, vessels,                    anticipate that it will have minimal                  888–REG–FAIR (1–888–734–3247). The
                                                  and the marine environment in the                        impact on the economy, will not                       Coast Guard will not retaliate against
                                                  navigable waters within the safety zone                  interfere with other agencies, will not               small entities that question or complain
                                                  while the fireworks display takes place.                 adversely alter the budget of any grant               about this rule or any policy or action
                                                                                                           or loan recipients, and will not raise any            of the Coast Guard.
                                                  IV. Discussion of the Rule                               novel legal or policy issues. The safety
                                                                                                           zone created by this rule will be                     C. Collection of Information
                                                    This rule establishes a safety zone on
                                                  July 28, 2017 from 9:45 p.m. to 10:45                    relatively small and enforced only                      This rule will not call for a new
                                                  p.m. The safety zone will encompass all                  during the fireworks display. Also, the               collection of information under the
                                                  waters of the Saint Lawrence River;                      safety zone is designed to minimize its               Paperwork Reduction Act of 1995 (44
                                                  Ogdensburg, NY contained within 420-                     impact on navigable waters.                           U.S.C. 3501–3520).
                                                  foot radius of: 44°42′04.4″ N.,                          Furthermore, the safety zone has been
                                                                                                                                                                 D. Federalism and Indian Tribal
                                                  075°29′41.3″ W. (NAD 83).                                designed to allow vessels to transit
                                                                                                                                                                 Governments
                                                    Entry into, transiting, or anchoring                   around it. Thus, restrictions on vessel
                                                  within the safety zone is prohibited                     movement within the particular areas                     A rule has implications for federalism
                                                  unless authorized by the Captain of the                  are expected to be minimal. Under                     under Executive Order 13132,
                                                  Port Buffalo or his designated on-scene                  certain conditions, moreover, vessels                 Federalism, if it has a substantial direct
                                                  representative. The Captain of the Port                  may still transit through the safety zone             effect on the States, on the relationship
                                                  or his designated on-scene                               when permitted by the Captain of the                  between the national government and
                                                  representative may be contacted via                      Port.                                                 the States, or on the distribution of
                                                  VHF Channel 16.                                                                                                power and responsibilities among the
                                                                                                           B. Impact on Small Entities                           various levels of government. We have
                                                  V. Regulatory Analyses                                      The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                                                                                           1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                                    We developed this rule after
                                                                                                           requires Federal agencies to consider                 with the fundamental federalism
                                                  considering numerous statutes and
                                                                                                           the potential impact of regulations on                principles and preemption requirements
                                                  Executive Orders related to rulemaking.
                                                                                                           small entities during rulemaking. The                 described in Executive Order 13132.
                                                  Below we summarize our analyses
                                                                                                           term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                                  based on a number of these statutes and
                                                                                                           businesses, not-for-profit organizations              implications under Executive Order
                                                  Executive Orders, and we discuss First
                                                                                                           that are independently owned and                      13175, Consultation and Coordination
                                                  Amendment rights of protestors.                          operated and are not dominant in their                with Indian Tribal Governments,
                                                  A. Regulatory Planning and Review                        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
                                                     Executive Orders 12866 and 13563                      The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                                  direct agencies to assess the costs and                  605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                                  benefits of available regulatory                         significant economic impact on a                      or on the distribution of power and
                                                  alternatives and, if regulation is                       substantial number of small entities.                 responsibilities between the Federal
                                                  necessary, to select regulatory                             While some owners or operators of                  Government and Indian tribes. If you
                                                  approaches that maximize net benefits.                   vessels intending to transit the safety               believe this rule has implications for
                                                  Executive Order 13563 emphasizes the                     zone may be small entities, for the                   federalism or Indian tribes, please
                                                  importance of quantifying both costs                     reasons stated in section V.A above, this             contact the person listed in the FOR
                                                  and benefits, of reducing costs, of                      rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                                  harmonizing rules, and of promoting                      economic impact on any vessel owner                   above.
                                                  flexibility. Executive Order 13771                       or operator.
                                                  (‘‘Reducing Regulation and Controlling                      Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                  Regulatory Costs’’), directs agencies to                 Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                  reduce regulation and control regulatory                 Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                  costs and provides that ‘‘for every one                  we want to assist small entities in                   Federal agencies to assess the effects of
                                                  new regulation issued, at least two prior                understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                  regulations be identified for elimination,               would affect your small business,                     particular, the Act addresses actions
                                                  and that the cost of planned regulations                 organization, or governmental                         that may result in the expenditure by a
                                                  be prudently managed and controlled                      jurisdiction and you have questions                   State, local, or tribal government, in the
                                                  through a budgeting process.’’                           concerning its provisions or options for              aggregate, or by the private sector of
                                                     This rule has not been designated a                   compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                  ‘‘significant regulatory action,’’ under                 listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                  Executive Order 12866. Accordingly, it                   CONTACT section.                                      will not result in such an expenditure,
                                                  has not been reviewed by the Office of                      Small businesses may send comments                 we do discuss the effects of this rule
                                                  Management and Budget.                                   on the actions of Federal employees                   elsewhere in this preamble.
                                                     As this rule is not a significant                     who enforce, or otherwise determine
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  regulatory action, this rule is exempt                   compliance with, Federal regulations to               F. Environment
                                                  from the requirements of Executive                       the Small Business and Agriculture                      We have analyzed this rule under
                                                  Order 13771. See OMB’s Memorandum                        Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                  titled ‘‘Interim Guidance Implementing                   and the Regional Small Business                       Management Directive 023–01 and
                                                  Section 2 of the Executive Order of                      Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                  January 30, 2017 titled ‘Reducing                        Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                  Regulation and Controlling Regulatory                    annually and rates each agency’s                      complying with the National
                                                  Costs’ ’’ (February 2, 2017).                            responsiveness to small business. If you              Environmental Policy Act of 1969 (42


                                             VerDate Sep<11>2014   17:01 Jul 27, 2017   Jkt 241001   PO 00000   Frm 00044   Fmt 4700   Sfmt 4700   E:\FR\FM\28JYR1.SGM   28JYR1


                                                                       Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations                                          35101

                                                  U.S.C. 4321–4370f), and have                             permitted by the Captain of the Port                  DATES:  This direct final rule is effective
                                                  determined that it is one of a category                  Buffalo or his designated on-scene                    September 26, 2017 without further
                                                  of actions that do not individually or                   representative.                                       notice, unless EPA receives adverse
                                                  cumulatively have a significant effect on                  (3) The ‘‘on-scene representative’’ of              comment by August 28, 2017. If adverse
                                                  the human environment. This rule                         the Captain of the Port Buffalo is any                comment is received, EPA will publish
                                                  establishes a temporary safety zone. It is               Coast Guard commissioned, warrant or                  a timely withdrawal of the direct final
                                                  categorically excluded under section                     petty officer who has been designated                 rule in the Federal Register and inform
                                                  2.B.2, figure 2–1, paragraph 34(g) of the                by the Captain of the Port Buffalo to act             the public that the rule will not take
                                                  Instruction, which pertains to                           on his behalf.                                        effect.
                                                  establishment of safety zones. A Record                    (4) Vessel operators desiring to enter              ADDRESSES: Submit your comments,
                                                  of Environmental Consideration (REC)                     or operate within the safety zone must                identified by Docket ID No. EPA–R04–
                                                  supporting this determination is                         contact the Captain of the Port Buffalo               OAR–2017–0365 at http://
                                                  available in the docket where indicated                  or his on-scene representative to obtain              www.regulations.gov. Follow the online
                                                  in the ADDRESSES section of this                         permission to do so. The Captain of the               instructions for submitting comments.
                                                  preamble.                                                Port Buffalo or his on-scene                          Once submitted, comments cannot be
                                                                                                           representative may be contacted via                   edited or removed from Regulations.gov.
                                                  G. Protest Activities
                                                                                                           VHF Channel 16. Vessel operators given                EPA may publish any comment received
                                                    The Coast Guard respects the First                     permission to enter or operate in the                 to its public docket. Do not submit
                                                  Amendment rights of protesters.                          safety zone must comply with all                      electronically any information you
                                                  Protesters are asked to contact the                      directions given to them by the Captain               consider to be Confidential Business
                                                  person listed in the FOR FURTHER                         of the Port Buffalo, or his on-scene                  Information (CBI) or other information
                                                  INFORMATION CONTACT section to                           representative.                                       whose disclosure is restricted by statute.
                                                  coordinate protest activities so that your                 Dated: July 25, 2017.                               Multimedia submissions (audio, video,
                                                  message can be received without                                                                                etc.) must be accompanied by a written
                                                                                                           Joseph S. Dufresne,
                                                  jeopardizing the safety or security of                                                                         comment. The written comment is
                                                  people, places or vessels.                               Captain, U.S. Coast Guard, Captain of the
                                                                                                           Port Buffalo.                                         considered the official comment and
                                                  List of Subjects in 33 CFR Part 165                      [FR Doc. 2017–15973 Filed 7–27–17; 8:45 am]           should include discussion of all points
                                                                                                                                                                 you wish to make. EPA will generally
                                                    Harbors, Marine safety, Navigation                     BILLING CODE 9110–04–P
                                                                                                                                                                 not consider comments or comment
                                                  (water), Reporting and recordkeeping                                                                           contents located outside of the primary
                                                  requirements, Security measures,                                                                               submission (i.e. on the web, cloud, or
                                                  Waterways.                                               ENVIRONMENTAL PROTECTION                              other file sharing system). For
                                                    For the reasons discussed in the                       AGENCY                                                additional submission methods, the full
                                                  preamble, the Coast Guard amends 33                                                                            EPA public comment policy,
                                                  CFR part 165 as follows:                                 40 CFR Part 52
                                                                                                                                                                 information about CBI or multimedia
                                                                                                           [EPA–R04–OAR–2017–0365; FRL–9965–30–                  submissions, and general guidance on
                                                  PART 165—REGULATED NAVIGATION                            Region 4]                                             making effective comments, please visit
                                                  AREAS AND LIMITED ACCESS AREAS                                                                                 http://www2.epa.gov/dockets/
                                                                                                           Air Plan Approval; Kentucky;
                                                  ■ 1. The authority citation for part 165                                                                       commenting-epa-dockets.
                                                                                                           Revisions to Louisville; Definitions
                                                  continues to read as follows:                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                           AGENCY: Environmental Protection                      Nacosta C. Ward, Air Regulatory
                                                    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;
                                                                                                           Agency (EPA).                                         Management Section, Air Planning and
                                                  Department of Homeland Security Delegation               ACTION: Direct final rule.                            Implementation Branch, Air, Pesticides
                                                  No. 0170.1.                                                                                                    and Toxics Management Division, U.S.
                                                                                                           SUMMARY:    On August 29, 2012, the                   Environmental Protection Agency,
                                                  ■ 2. Add § 165.T09–0714 to read as
                                                                                                           Commonwealth of Kentucky, through                     Region 4, 61 Forsyth Street SW.,
                                                  follows:
                                                                                                           the Kentucky Division for Air Quality                 Atlanta, Georgia 30303–8960. The
                                                  § 165.T09–0714 Safety Zone; Ogdensburg                   (KDAQ), submitted changes to the                      telephone number is (404) 562–9140.
                                                  Seaway Summer Festival, Saint Lawrence                   Kentucky State Implementation Plan                    Ms. Ward can be reached via electronic
                                                  River, Ogdensburg, NY.                                   (SIP) on behalf of the Louisville Metro               mail at ward.nacosta@epa.gov.
                                                    (a) Location. The safety zone will                     Air Pollution Control District (District).            SUPPLEMENTARY INFORMATION:
                                                  encompass all waters of the Saint                        The Environmental Protection Agency
                                                  Lawrence River; Ogdensburg, NY                           (EPA) is taking direct final action to                I. Background
                                                  contained within a 420-foot radius of:                   approve a portion of the submission that                 In this rulemaking, EPA is proposing
                                                  44°42′04.4″ N., 075°29′41.3″ W. (NAD                     modifies the District’s air quality                   to approve a portion of the changes to
                                                  83).                                                     regulations as incorporated into the SIP.             the Louisville Metro air quality
                                                    (b) Enforcement period. This                           Specifically, the revision pertains to                regulations in the Kentucky SIP,
                                                  regulation will be enforced on July 28,                  definitional changes, including the                   submitted by the Commonwealth on
                                                  2017 from 9:45 p.m. until 10:45 p.m.                     modification of the definition of                     August 29, 2012. The submission
                                                    (c) Regulations. (1) In accordance with                ‘‘volatile organic compounds’’ (VOCs).                revises Louisville Metro Regulation
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  the general regulations in § 165.23, entry               EPA is taking direct final action to                  1.02—Definitions and Regulation 2.03—
                                                  into, transiting, or anchoring within this               approve this portion of the SIP revision              Permit Requirements: Non-Title V
                                                  safety zone is prohibited unless                         because the Commonwealth has                          Construction and Operating Permits and
                                                  authorized by the Captain of the Port                    demonstrated that these changes are                   Demolition/Renovation Notices and
                                                  Buffalo or his designated on-scene                       consistent with the Clean Air Act (CAA                Permit Requirements. This rulemaking
                                                  representative.                                          or Act). EPA will act on the other                    only pertains to Regulation 1.02, which
                                                    (2) This safety zone is closed to all                  portion of KDAQ’s August 29, 2012,                    adds, removes, and modifies several
                                                  vessel traffic, except as may be                         submittal in a separate action.                       definitions and titles in the SIP,


                                             VerDate Sep<11>2014   17:01 Jul 27, 2017   Jkt 241001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\28JYR1.SGM   28JYR1



Document Created: 2017-07-28 03:10:18
Document Modified: 2017-07-28 03:10:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 9:45 p.m. to 10:45 p.m. on July 28, 2017.
ContactIf you have questions about this 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 35099 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR