82_FR_40233 82 FR 40070 - Safety Zone; Village of Sodus Point Fireworks; Lake Ontario, Sodus Point, NY

82 FR 40070 - Safety Zone; Village of Sodus Point Fireworks; Lake Ontario, Sodus Point, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40070-40072
FR Document2017-17933

The Coast Guard is establishing a temporary safety zone on Lake Ontario, Sodus Point, NY. This safety zone is intended to restrict vessels from portions of Lake Ontario during the Village of Sodus Point Fireworks display on September 2, 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 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Rules and Regulations]
[Pages 40070-40072]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17933]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0718]
RIN 1625-AA00


Safety Zone; Village of Sodus Point Fireworks; Lake Ontario, 
Sodus Point, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Ontario, Sodus Point, NY. This safety zone is intended to restrict 
vessels from portions of Lake Ontario during the Village of Sodus Point 
Fireworks display on September 2, 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 11 p.m. on September 2, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0718 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
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 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 September 2, 2017 from 9:45 
p.m. to 11:00 p.m. The safety zone will encompass all waters of Lake 
Ontario; Sodus Point, NY contained within 560-foot radius of: 
43[deg]16'33'' N., 076[deg]58'27'' 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

[[Page 40071]]

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.

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.T09-0718 to read as follows:


Sec.  165.T09-0718   Safety Zone; Village of Sodus Point Fireworks; 
Lake Ontario, Sodus Point, NY.

    (a) Location. The safety zone will encompass all waters of Lake 
Ontario; Sodus Point, NY contained within a 560-foot radius of: 
43[deg]16'33'' N., 076[deg]58'27'' W. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on 
September 2, 2017 from 9:45 p.m. until 11:00 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

[[Page 40072]]

directions given to them by the Captain of the Port Buffalo, or his on-
scene representative.

    Dated: August 17, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-17933 Filed 8-23-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             40070            Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Rules and Regulations

                                               Dated: August 9, 2017.                                II. Background Information and                        Port Buffalo or his designated on-scene
                                             J.R. Buzzella,                                          Regulatory History                                    representative. The Captain of the Port
                                             Captain, U.S. Coast Guard, Captain of the                  The Coast Guard is issuing this                    or his designated on-scene
                                             Port San Diego.
                                                                                                     temporary rule without prior notice and               representative may be contacted via
                                             [FR Doc. 2017–17959 Filed 8–23–17; 8:45 am]             opportunity to comment pursuant to                    VHF Channel 16.
                                             BILLING CODE 9110–04–P                                  authority under section 4(a) of the                   V. Regulatory Analyses
                                                                                                     Administrative Procedure Act (APA) (5                   We developed this rule after
                                                                                                     U.S.C. 553(b)). This provision                        considering numerous statutes and
                                             DEPARTMENT OF HOMELAND                                  authorizes an agency to issue a rule
                                             SECURITY                                                                                                      Executive Orders related to rulemaking.
                                                                                                     without prior notice and opportunity to               Below we summarize our analyses
                                             Coast Guard                                             comment when the agency for good                      based on a number of these statutes and
                                                                                                     cause finds that those procedures are                 Executive Orders, and we discuss First
                                             33 CFR Part 165                                         impracticable, unnecessary, or contrary               Amendment rights of protestors.
                                                                                                     to the public interest. Under 5 U.S.C.
                                                                                                     553(b)(B), the Coast Guard finds that                 A. Regulatory Planning and Review
                                             [Docket Number USCG–2017–0718]                          good cause exists for not publishing a                   Executive Orders 12866 and 13563
                                                                                                     notice of proposed rulemaking (NPRM)                  direct agencies to assess the costs and
                                             RIN 1625–AA00                                           with respect to this rule. The event                  benefits of available regulatory
                                                                                                     sponsor did not submit notice to the                  alternatives and, if regulation is
                                             Safety Zone; Village of Sodus Point                     Coast Guard with sufficient time                      necessary, to select regulatory
                                             Fireworks; Lake Ontario, Sodus Point,                   remaining before the event to publish an              approaches that maximize net benefits.
                                             NY                                                      NPRM. Delaying the effective date of                  Executive Order 13563 emphasizes the
                                                                                                     this rule to wait for a comment period                importance of quantifying both costs
                                             AGENCY:    Coast Guard, DHS.
                                                                                                     to run would be impracticable and                     and benefits, of reducing costs, of
                                             ACTION:   Temporary final rule.                         contrary to the public interest by                    harmonizing rules, and of promoting
                                                                                                     inhibiting the Coast Guard’s ability to               flexibility. Executive Order 13771
                                             SUMMARY:   The Coast Guard is                           protect spectators and vessels from the               (‘‘Reducing Regulation and Controlling
                                             establishing a temporary safety zone on                 hazards associated with a fireworks                   Regulatory Costs’’), directs agencies to
                                             Lake Ontario, Sodus Point, NY. This                     display.                                              reduce regulation and control regulatory
                                             safety zone is intended to restrict                        Under 5 U.S.C. 553(d)(3), the Coast                costs and provides that ‘‘for every one
                                             vessels from portions of Lake Ontario                   Guard finds that good cause exists for                new regulation issued, at least two prior
                                             during the Village of Sodus Point                       making this temporary rule effective less             regulations be identified for elimination,
                                             Fireworks display on September 2,                       than 30 days after publication in the                 and that the cost of planned regulations
                                             2017. This temporary safety zone is                     Federal Register because doing so                     be prudently managed and controlled
                                             necessary to protect mariners and                       would be impracticable and contrary to                through a budgeting process.’’
                                             vessels from the navigational hazards                   the public interest. Delaying the                        This rule has not been designated a
                                             associated with a fireworks display.                    effective date would be contrary to the               ‘‘significant regulatory action,’’ under
                                             Entry of vessels or persons into this                   rule’s objectives of ensuring safety of               Executive Order 12866. Accordingly, it
                                             zone is prohibited unless specifically                  life on the navigable waters and                      has not been reviewed by the Office of
                                             authorized by the Captain of the Port                   protection of persons and vessels in the              Management and Budget.
                                             Buffalo.                                                vicinity of the fireworks display.                       As this rule is not a significant
                                             DATES: This rule is effective from 9:45                                                                       regulatory action, this rule is exempt
                                                                                                     III. Legal Authority and Need for Rule                from the requirements of Executive
                                             p.m. to 11 p.m. on September 2, 2017.
                                                                                                        The Coast Guard is issuing this rule               Order 13771. See OMB’s Memorandum
                                             ADDRESSES:   To view documents                          under authority in 33 U.S.C. 1231. The                titled ‘‘Interim Guidance Implementing
                                             mentioned in this preamble as being                     Captain of the Port Buffalo (COTP) has                Section 2 of the Executive Order of
                                             available in the docket, go to http://                  determined that a fireworks display                   January 30, 2017 titled ‘Reducing
                                             www.regulations.gov, type USCG–2017–                    presents significant risks to public                  Regulation and Controlling Regulatory
                                             0718 in the ‘‘SEARCH’’ box and click                    safety and property. Such hazards                     Costs’ ’’ (February 2, 2017).
                                             ‘‘SEARCH.’’ Click on Open Docket                        include premature and accidental                         We conclude that this rule is not a
                                             Folder on the line associated with this                 detonations, dangerous projectiles, and               significant regulatory action because we
                                             rule.                                                   falling or burning debris. This rule is               anticipate that it will have minimal
                                             FOR FURTHER INFORMATION CONTACT:   If                   needed to protect personnel, vessels,                 impact on the economy, will not
                                             you have questions about this proposed                  and the marine environment in the                     interfere with other agencies, will not
                                             rulemaking, call or email LT Michael                    navigable waters within the safety zone               adversely alter the budget of any grant
                                             Collet, Chief of Waterways Management,                  while the fireworks display takes place.              or loan recipients, and will not raise any
                                             U.S. Coast Guard Sector Buffalo;                                                                              novel legal or policy issues. The safety
                                                                                                     IV. Discussion of the Rule                            zone created by this rule will be
                                             telephone 716–843–9322, email D09-
                                             SMB-SECBuffalo-WWM@uscg.mil.                              This rule establishes a safety zone on              relatively small and enforced only
                                                                                                     September 2, 2017 from 9:45 p.m. to                   during the fireworks display. Also, the
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     11:00 p.m. The safety zone will                       safety zone is designed to minimize its
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                                             I. Table of Abbreviations                               encompass all waters of Lake Ontario;                 impact on navigable waters.
                                                                                                     Sodus Point, NY contained within 560-                 Furthermore, the safety zone has been
                                             CFR Code of Federal Regulations
                                             DHS Department of Homeland Security
                                                                                                     foot radius of: 43°16′33″ N., 076°58′27″              designed to allow vessels to transit
                                             FR Federal Register                                     W. (NAD 83).                                          around it. Thus, restrictions on vessel
                                             NPRM Notice of proposed rulemaking                        Entry into, transiting, or anchoring                movement within the particular areas
                                             § Section                                               within the safety zone is prohibited                  are expected to be minimal. Under
                                             U.S.C. United States Code                               unless authorized by the Captain of the               certain conditions, moreover, vessels


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                                                              Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Rules and Regulations                                         40071

                                             may still transit through the safety zone               effect on the States, on the relationship             Protesters are asked to contact the
                                             when permitted by the Captain of the                    between the national government and                   person listed in the FOR FURTHER
                                             Port.                                                   the States, or on the distribution of                 INFORMATION CONTACT section to
                                                                                                     power and responsibilities among the                  coordinate protest activities so that your
                                             B. Impact on Small Entities
                                                                                                     various levels of government. We have                 message can be received without
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and               jeopardizing the safety or security of
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 people, places or vessels.
                                             requires Federal agencies to consider                   with the fundamental federalism
                                             the potential impact of regulations on                  principles and preemption requirements                List of Subjects in 33 CFR Part 165
                                             small entities during rulemaking. The                   described in Executive Order 13132.                     Harbors, Marine safety, Navigation
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               (water), Reporting and recordkeeping
                                             businesses, not-for-profit organizations                implications under Executive Order                    requirements, Security measures,
                                             that are independently owned and                        13175, Consultation and Coordination                  Waterways.
                                             operated and are not dominant in their                  with Indian Tribal Governments,                         For the reasons discussed in the
                                             fields, and governmental jurisdictions                  because it does not have a substantial                preamble, the Coast Guard amends 33
                                             with populations of less than 50,000.                   direct effect on one or more Indian                   CFR part 165 as follows:
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,                 PART 165—REGULATED NAVIGATION
                                             significant economic impact on a                        or on the distribution of power and                   AREAS AND LIMITED ACCESS AREAS
                                             substantial number of small entities.                   responsibilities between the Federal
                                                While some owners or operators of                    Government and Indian tribes. If you                  ■ 1. The authority citation for part 165
                                             vessels intending to transit the safety                 believe this rule has implications for                continues to read as follows:
                                             zone may be small entities, for the                     federalism or Indian tribes, please                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             reasons stated in section V.A above, this               contact the person listed in the FOR                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section                   Department of Homeland Security Delegation
                                             economic impact on any vessel owner                     above.                                                No. 0170.1.
                                             or operator.                                                                                                  ■ 2. Add § 165.T09–0718 to read as
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                           follows:
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 § 165.T09–0718 Safety Zone; Village of
                                             we want to assist small entities in                     Federal agencies to assess the effects of             Sodus Point Fireworks; Lake Ontario,
                                                                                                                                                           Sodus Point, NY.
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In
                                             would affect your small business,                       particular, the Act addresses actions                   (a) Location. The safety zone will
                                             organization, or governmental                           that may result in the expenditure by a               encompass all waters of Lake Ontario;
                                             jurisdiction and you have questions                     State, local, or tribal government, in the            Sodus Point, NY contained within a
                                             concerning its provisions or options for                aggregate, or by the private sector of                560-foot radius of: 43°16′33″ N.,
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              076°58′27″ W. (NAD 83).
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                  (b) Enforcement period. This
                                             CONTACT section.                                        will not result in such an expenditure,               regulation will be enforced on
                                                Small businesses may send comments                   we do discuss the effects of this rule                September 2, 2017 from 9:45 p.m. until
                                             on the actions of Federal employees                     elsewhere in this preamble.                           11:00 p.m.
                                             who enforce, or otherwise determine                                                                             (c) Regulations. (1) In accordance with
                                                                                                     F. Environment                                        the general regulations in § 165.23 of
                                             compliance with, Federal regulations to
                                             the Small Business and Agriculture                        We have analyzed this rule under                    this part, entry into, transiting, or
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                       anchoring within this safety zone is
                                             and the Regional Small Business                         Management Directive 023–01 and                       prohibited unless authorized by the
                                             Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     Captain of the Port Buffalo or his
                                             Ombudsman evaluates these actions                       which guide the Coast Guard in                        designated on-scene representative.
                                             annually and rates each agency’s                        complying with the National                             (2) This safety zone is closed to all
                                             responsiveness to small business. If you                Environmental Policy Act of 1969 (42                  vessel traffic, except as may be
                                             wish to comment on actions by                           U.S.C. 4321–4370f), and have                          permitted by the Captain of the Port
                                             employees of the Coast Guard, call 1–                   determined that it is one of a category               Buffalo or his designated on-scene
                                             888–REG–FAIR (1–888–734–3247). The                      of actions that do not individually or                representative.
                                             Coast Guard will not retaliate against                  cumulatively have a significant effect on               (3) The ‘‘on-scene representative’’ of
                                             small entities that question or complain                the human environment. This rule                      the Captain of the Port Buffalo is any
                                             about this rule or any policy or action                 establishes a temporary safety zone. It is            Coast Guard commissioned, warrant or
                                             of the Coast Guard.                                     categorically excluded under section                  petty officer who has been designated
                                                                                                     2.B.2, figure 2–1, paragraph 34(g) of the             by the Captain of the Port Buffalo to act
                                             C. Collection of Information                            Instruction, which pertains to                        on his behalf.
                                               This rule will not call for a new                     establishment of safety zones. A Record                 (4) Vessel operators desiring to enter
                                             collection of information under the                     of Environmental Consideration (REC)                  or operate within the safety zone must
                                             Paperwork Reduction Act of 1995 (44                     supporting this determination is                      contact the Captain of the Port Buffalo
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                                             U.S.C. 3501–3520).                                      available in the docket where indicated               or his on-scene representative to obtain
                                                                                                     in the ADDRESSES section of this                      permission to do so. The Captain of the
                                             D. Federalism and Indian Tribal                                                                               Port Buffalo or his on-scene
                                                                                                     preamble.
                                             Governments                                                                                                   representative may be contacted via
                                               A rule has implications for federalism                G. Protest Activities                                 VHF Channel 16. Vessel operators given
                                             under Executive Order 13132,                              The Coast Guard respects the First                  permission to enter or operate in the
                                             Federalism, if it has a substantial direct              Amendment rights of protesters.                       safety zone must comply with all


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                                             40072            Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Rules and Regulations

                                             directions given to them by the Captain                 should include discussion of all points                   In this document, EPA is taking direct
                                             of the Port Buffalo, or his on-scene                    you wish to make. EPA will generally                   final action to approve the portions of
                                             representative.                                         not consider comments or comment                       this submittal that make changes to
                                               Dated: August 17, 2017.                               contents located outside of the primary                ADEM Administrative Code Rule 335–
                                             Joseph S. Dufresne,
                                                                                                     submission (i.e., on the web, cloud, or                3–14–.04—‘‘Air Permits Authorizing
                                                                                                     other file sharing system). For                        Construction in Clean Air Areas
                                             Captain, U.S. Coast Guard, Captain of the
                                             Port Buffalo.
                                                                                                     additional submission methods, the full                [Prevention of Significant Deterioration
                                                                                                     EPA public comment policy,                             Permitting (PSD)].’’ Alabama’s May 7,
                                             [FR Doc. 2017–17933 Filed 8–23–17; 8:45 am]
                                                                                                     information about CBI or multimedia                    2012, SIP submittal changes the PSD
                                             BILLING CODE 9110–04–P
                                                                                                     submissions, and general guidance on                   regulations at Rule 335–3–14–.04 by
                                                                                                     making effective comments, please visit                adding a definition of ‘‘replacement
                                                                                                     http://www2.epa.gov/dockets/                           unit’’ and by modifying the definition of
                                             ENVIRONMENTAL PROTECTION                                commenting-epa-dockets.                                ‘‘emissions unit’’ to expressly include
                                             AGENCY                                                                                                         replacement units as existing emissions
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                     Andres Febres of the Air Regulatory                    units. As revised in the May 5, 2017,
                                             40 CFR Part 52
                                                                                                     Management Section, Air Planning and                   withdrawal letter discussed in Section
                                             [EPA–R04–OAR–2017–0371; FRL–9966–47–                    Implementation Branch, Air, Pesticides                 III, below, these changes are similar to
                                             Region 4]                                                                                                      those made to the Federal PSD
                                                                                                     and Toxics Management Division, U.S.
                                                                                                     Environmental Protection Agency,                       regulations at 40 CFR 52.21(b)(7) and
                                             Air Plan Approval; Alabama: PSD                                                                                (33) in the rule titled ‘‘Prevention of
                                             Replacement Units                                       Region 4, 61 Forsyth Street SW.,
                                                                                                     Atlanta, Georgia 30303–8960. Mr.                       Significant Deterioration (PSD) and
                                             AGENCY: Environmental Protection                        Febres can be reached by telephone at                  Non-Attainment New Source Review
                                             Agency (EPA).                                           (404) 562–8966 or via electronic mail at               (NSR): Reconsideration’’ See 68 FR
                                             ACTION: Direct final rule.                              febres-martinez.andres@epa.gov.                        63021 (November 7, 2003) (hereinafter
                                                                                                                                                            referred to as the NSR Reform
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             SUMMARY:   The Environmental Protection                                                                        Reconsideration Rule).
                                             Agency (EPA) is approving a portion of                  I. What action is the Agency taking?                      EPA is not taking action on the
                                             Alabama’s State Implementation Plan                                                                            portions of Alabama’s May 7, 2012,
                                             (SIP) revision submitted by the State of                   On May 7, 2012, ADEM submitted a                    submittal regarding ADEM
                                             Alabama, through the Alabama                            SIP revision for EPA’s approval that                   Administrative Code Chapter 335–3–
                                             Department of Environmental                             includes, among other things, changes                  10—‘‘Standards of Performance for New
                                             Management (ADEM), on May 7, 2012.                      to Alabama’s PSD permitting regulations                Stationary Sources,’’ and Chapter 335–
                                             The portion of the revision that EPA is                 as part of the State’s New Source                      3–11—‘‘National Emission Standards for
                                             approving relates to the State’s                        Review (NSR) permitting program.1 The                  Hazardous Air Pollutants.’’ In the
                                             Prevention of Significant Deterioration                 NSR program, established in parts C and                submittal, Alabama acknowledges that
                                             (PSD) permitting regulations. In                        D of title I of the CAA and EPA’s                      these regulations are not part of
                                             particular, the revision adds a definition              implementing regulations at 40 CFR                     Alabama’s SIP and states that the
                                             of ‘‘replacement unit’’ and provides that               51.165, 40 CFR 51.166, and 40 CFR                      ‘‘revisions to these [regulations] are not
                                             a replacement unit is a type of existing                52.21, is a preconstruction review and                 proposed to be incorporated into
                                             emissions unit under the definition of                  permitting program applicable to new                   Alabama’s SIP.’’
                                             ‘‘emissions unit.’’ This action is being                major stationary sources of regulated
                                                                                                     NSR pollutants and major modifications                 II. Background
                                             taken pursuant to the Clean Air Act
                                             (CAA or Act).                                           at existing major stationary sources. A                A. NSR Reform
                                                                                                     major modification is defined as any
                                             DATES: This direct final rule is effective                                                                        On December 31, 2002, EPA
                                                                                                     physical change in or change in the
                                             October 23, 2017 without further notice,                method of operation of a major                         published final rule revisions to the
                                             unless EPA receives adverse comment                     stationary source that would result in a               CAA’s PSD and Nonattainment New
                                             by September 25, 2017. If EPA receives                  significant emissions increase of a                    Source Review (NNSR) programs. See
                                             such comments, it will publish a timely                 regulated NSR pollutant and a                          67 FR 80186 (hereinafter referred to as
                                             withdrawal of the direct final rule in the              significant net emissions increase of that             the 2002 NSR Rule). The revisions
                                             Federal Register and inform the public                  pollutant from the major stationary                    included several major changes to the
                                             that the rule will not take effect.                     source. See 40 CFR 51.165(a)(1),                       NSR program, including the addition of
                                             ADDRESSES: Submit your comments,                        51.166(b)(2)(i), and 52.21(b)(2)(i).                   an actual-to-projected-actual emissions
                                             identified by Docket ID No EPA–R04–                                                                            test for determining NSR applicability
                                             OAR–2017–0371 at http://                                   1 EPA’s regulations governing the implementation    for existing emissions units.
                                             www.regulations.gov. Follow the online                  of NSR permitting programs are contained in 40            Following publication, EPA received
                                             instructions for submitting comments.                   CFR 51.160—51.166; 52.21, 52.24; and part 51,          numerous petitions requesting
                                             Once submitted, comments cannot be                      appendix S. The CAA NSR program is composed            reconsideration of several aspects of the
                                                                                                     of three separate programs: PSD, NNSR, and Minor
                                             edited or removed from Regulations.gov.                 NSR. PSD is established in part C of title I of the
                                                                                                                                                            final rule. On July 30, 2003 (68 FR
                                             EPA may publish any comment received                    CAA and applies in areas that meet the NAAQS—          44624), EPA granted reconsideration on
                                             to its public docket. Do not submit                     ‘‘attainment areas’’—as well as areas where there is   six issues, including whether
                                             electronically any information you                      insufficient information to determine if the area      replacement units should be allowed to
                                                                                                     meets the NAAQS—‘‘unclassifiable areas.’’ The
rmajette on DSKBCKNHB2PROD with RULES




                                             consider to be Confidential Business                    NNSR program is established in part D of title I of
                                                                                                                                                            use the actual-to-projected-actual
                                             Information (CBI) or other information                  the CAA and applies in areas that are not in           applicability test to determine whether
                                             whose disclosure is restricted by statute.              attainment of the NAAQS—‘‘nonattainment areas.’’       installing a replacement unit results in
                                             Multimedia submissions (audio, video,                   The Minor NSR program addresses construction or        a significant emissions increase. On
                                                                                                     modification activities that do not qualify as
                                             etc.) must be accompanied by a written                  ‘‘major’’ and applies regardless of the designation
                                                                                                                                                            November 7, 2003, EPA published the
                                             comment. The written comment is                         of the area in which a source is located. Together,    NSR Reform Reconsideration Rule. See
                                             considered the official comment and                     these programs are referred to as the NSR programs.    68 FR 63021. In the reconsideration


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Document Created: 2018-10-24 12:37:51
Document Modified: 2018-10-24 12:37:51
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 11 p.m. on September 2, 2017.
ContactIf you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, email [email protected]
FR Citation82 FR 40070 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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