82_FR_49134 82 FR 48931 - Safety Zone; Light the Night Leukemia and Lymphoma Society Fireworks, Maumee River, Toledo, OH

82 FR 48931 - Safety Zone; Light the Night Leukemia and Lymphoma Society Fireworks, Maumee River, Toledo, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 203 (October 23, 2017)

Page Range48931-48933
FR Document2017-22948

The Coast Guard is establishing a temporary safety zone in the Captain of the Port Detroit Zone on the Maumee River, Toledo, Ohio. This zone is intended to restrict vessels from portions of the Maumee River for the Light the Night Leukemia and Lymphoma Society Fireworks Display. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.

Federal Register, Volume 82 Issue 203 (Monday, October 23, 2017)
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Rules and Regulations]
[Pages 48931-48933]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22948]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0923]
RIN 1625-AA00


Safety Zone; Light the Night Leukemia and Lymphoma Society 
Fireworks, Maumee River, Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Captain of the Port Detroit Zone on the Maumee River, Toledo, Ohio. 
This zone is intended to restrict vessels from portions of the Maumee 
River for the Light the Night Leukemia and Lymphoma Society Fireworks 
Display. Persons and vessels are prohibited from entering into, 
transiting through, or anchoring within this safety zone unless 
authorized by the Captain of the Port or his designated representative. 
This temporary safety zone is necessary to protect spectators and 
vessels from the hazards associated with fireworks displays.

DATES: This regulation is effective from 8 p.m. through 9 p.m. on 
October 22, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2017-0923]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email MST1 Ryan Erpelding, Waterways 
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 
418-6037, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

I. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final 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 notified the Coast Guard 
with insufficient time to accommodate the comment period. Thus, 
delaying the effective date of this rule to wait for the comment period 
to run would be impracticable and contrary to the public interest 
because it would prevent the Captain of the Port Detroit from keeping 
the public safe from the hazards associated with a maritime fireworks 
displays.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Waiting for a 30-day effective 
period to run is impracticable and contrary to the public interest for 
the reasons discussed in the preceding paragraph.

II. 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 Detroit (COTP) has determined that 
potential hazards associated with fireworks displays starting after 8 
p.m. on October 22, 2017 will be a safety concern for anyone within a 
725-foot radius of the launch site. The likely combination of 
recreational vessels, darkness punctuated by bright flashes of light, 
and fireworks debris falling into the water presents risks of 
collisions which could result in serious injuries or fatalities. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
fireworks display.

III. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. through 9 p.m. on 
October 22, 2017. The safety zone will encompass all U.S. navigable 
waters of

[[Page 48932]]

the Sandusky bay within a 725-foot radius of the fireworks launch site 
located at position 41[deg]38'07.9'' N., 083[deg]31'24.4'' W. All 
geographic coordinates are North American Datum of 1983 (NAD 83).
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters during the 
fireworks display. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port, Sector Detroit or 
the designated patrol personnel. Entry into, transiting, or anchoring 
within the safety zone is prohibited unless authorized by the Captain 
of the Port, Sector Detroit or his designated representative. The 
Captain of the Port, Sector Detroit or his designated representative 
may be contacted via VHF Channel 16.

IV. 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 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
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.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it. 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).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The majority of vessel 
traffic will be able to safely transit around the safety zone, which 
will impact only a portion of the Maumee River in Toledo, OH for a 
short period time. 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 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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. 
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on 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

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting one hour that will prohibit entry 
within a 350-yard radius from where a fireworks display will be

[[Page 48933]]

conducted. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.T09-0632 to read as follows:


Sec.  165.T09-0632  Safety Zone; Light the Night Leukemia and Lymphoma 
Society, Maumee River, Toledo, OH.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the Maumee River, Toledo, OH within a 725-foot 
radius of the fireworks launch site located at position 
41[deg]38'07.9'' N., 083[deg]31'24.4'' W. All geographic coordinates 
are North American Datum of 1983 (NAD 83).
    (b) Effective period. This regulation is effective from 8 p.m. 
through 9 p.m. on October 22, 2017. The Captain of the Port Detroit, or 
a designated representative may suspend enforcement of the safety zone 
at any time.
    (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 Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated 
representative.
    (3) The ``designated representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Detroit to act on his 
behalf. The designated representative of the Captain of the Port 
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Captain of the Port Detroit or his designated 
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his designated 
representative to obtain permission to do so. 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 Detroit or his 
designated representative.

    Dated: October 18, 2017.
Kevin D. Floyd,
Commander, U.S. Coast Guard, Acting, Captain of the Port Detroit.
[FR Doc. 2017-22948 Filed 10-20-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations                                             48931

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                                                *      *       *       *      *                           ADDRESSES:    Documents mentioned in                   insufficient time to accommodate the
                                                  Dated: October 11, 2017.                                this preamble are part of docket [USCG–                comment period. Thus, delaying the
                                                Richard E. Ashooh,                                        2017–0923]. To view documents                          effective date of this rule to wait for the
                                                                                                          mentioned in this preamble as being                    comment period to run would be
                                                Assistant Secretary for Export
                                                Administration.                                           available in the docket, go to http://                 impracticable and contrary to the public
                                                                                                          www.regulations.gov, type the docket                   interest because it would prevent the
                                                [FR Doc. 2017–22649 Filed 10–20–17; 8:45 am]
                                                                                                          number in the ‘‘SEARCH’’ box and click                 Captain of the Port Detroit from keeping
                                                BILLING CODE 3510–33–P
                                                                                                          ‘‘SEARCH.’’ Click on Open Docket                       the public safe from the hazards
                                                                                                          Folder on the line associated with this                associated with a maritime fireworks
                                                                                                          rulemaking.                                            displays.
                                                DEPARTMENT OF HOMELAND                                                                                              Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                          FOR FURTHER INFORMATION CONTACT: If
                                                SECURITY                                                                                                         Guard finds that good cause exists for
                                                                                                          you have questions on this temporary
                                                                                                          rule, call or email MST1 Ryan                          making this rule effective less than 30
                                                Coast Guard
                                                                                                          Erpelding, Waterways Department,                       days after publication in the Federal
                                                                                                          Marine Safety Unit Toledo, Coast Guard;                Register. Waiting for a 30-day effective
                                                33 CFR Part 165
                                                                                                          telephone (419) 418–6037, email                        period to run is impracticable and
                                                [Docket No. USCG–2017–0923]                               Ryan.G.Erpelding@uscg.mil.                             contrary to the public interest for the
                                                RIN 1625–AA00                                                                                                    reasons discussed in the preceding
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 paragraph.
                                                Safety Zone; Light the Night Leukemia                     Table of Acronyms
                                                                                                                                                                 II. Legal Authority and Need for Rule
                                                and Lymphoma Society Fireworks,                           CFR Code of Federal Regulations
                                                Maumee River, Toledo, OH                                  DHS Department of Homeland Security                       The Coast Guard is issuing this rule
                                                                                                          FR Federal Register                                    under authority in 33 U.S.C. 1231. The
                                                AGENCY:     Coast Guard, DHS.                             NPRM Notice of proposed rulemaking                     Captain of the Port Detroit (COTP) has
                                                ACTION:    Temporary final rule.                          § Section                                              determined that potential hazards
                                                                                                          U.S.C. United States Code                              associated with fireworks displays
                                                SUMMARY:   The Coast Guard is                                                                                    starting after 8 p.m. on October 22, 2017
                                                establishing a temporary safety zone in                   I. Background Information and
                                                                                                                                                                 will be a safety concern for anyone
                                                the Captain of the Port Detroit Zone on                   Regulatory History
                                                                                                                                                                 within a 725-foot radius of the launch
                                                the Maumee River, Toledo, Ohio. This                         The Coast Guard is issuing this                     site. The likely combination of
                                                zone is intended to restrict vessels from                 temporary final rule without prior                     recreational vessels, darkness
                                                portions of the Maumee River for the                      notice and opportunity to comment                      punctuated by bright flashes of light,
                                                Light the Night Leukemia and                              pursuant to authority under section 4(a)               and fireworks debris falling into the
                                                Lymphoma Society Fireworks Display.                       of the Administrative Procedure Act                    water presents risks of collisions which
                                                Persons and vessels are prohibited from                   (APA) (5 U.S.C. 553(b)). This provision                could result in serious injuries or
                                                entering into, transiting through, or                     authorizes an agency to issue a rule                   fatalities. This rule is needed to protect
                                                anchoring within this safety zone unless                  without prior notice and opportunity to                personnel, vessels, and the marine
                                                authorized by the Captain of the Port or                  comment when the agency for good                       environment in the navigable waters
                                                his designated representative. This                       cause finds that those procedures are                  within the safety zone during the
jstallworth on DSKBBY8HB2PROD with RULES




                                                temporary safety zone is necessary to                     ‘‘impracticable, unnecessary, or contrary              fireworks display.
                                                protect spectators and vessels from the                   to the public interest.’’ Under 5 U.S.C.
                                                hazards associated with fireworks                         553(b)(B), the Coast Guard finds that                  III. Discussion of the Rule
                                                displays.                                                 good cause exists for not publishing a                    This rule establishes a safety zone
                                                DATES: This regulation is effective from                  notice of proposed rulemaking (NPRM)                   from 8 p.m. through 9 p.m. on October
                                                8 p.m. through 9 p.m. on October 22,                      with respect to this rule. The event                   22, 2017. The safety zone will
                                                2017.                                                     sponsor notified the Coast Guard with                  encompass all U.S. navigable waters of


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                                                48932            Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations

                                                the Sandusky bay within a 725-foot                      Section 2 of the Executive Order of                   C. Collection of Information
                                                radius of the fireworks launch site                     January 30, 2017 titled ‘Reducing                       This rule will not call for a new
                                                located at position 41°38′07.9″ N.,                     Regulation and Controlling Regulatory                 collection of information under the
                                                083°31′24.4″ W. All geographic                          Costs’ ’’ (February 2, 2017).                         Paperwork Reduction Act of 1995 (44
                                                coordinates are North American Datum                       This regulatory action determination               U.S.C. 3501–3520).
                                                of 1983 (NAD 83).                                       is based on the size, location, and
                                                   The duration of the zone is intended                                                                       D. Federalism
                                                to protect personnel, vessels, and the                  duration of the safety zone. The majority
                                                                                                        of vessel traffic will be able to safely                 A rule has implications for federalism
                                                marine environment in these navigable                                                                         under Executive Order 13132,
                                                waters during the fireworks display. All                transit around the safety zone, which
                                                                                                        will impact only a portion of the                     Federalism, if it has a substantial direct
                                                persons and vessels shall comply with                                                                         effect on the States, on the relationship
                                                the instructions of the Coast Guard                     Maumee River in Toledo, OH for a short
                                                                                                                                                              between the national government and
                                                Captain of the Port, Sector Detroit or the              period time. Under certain conditions,
                                                                                                                                                              the States, or on the distribution of
                                                designated patrol personnel. Entry into,                moreover, vessels may still transit
                                                                                                                                                              power and responsibilities among the
                                                transiting, or anchoring within the                     through the safety zone when permitted
                                                                                                                                                              various levels of government. We have
                                                safety zone is prohibited unless                        by the Captain of the Port.                           analyzed this rule under that Order and
                                                authorized by the Captain of the Port,                  B. Impact on Small Entities                           have determined that it is consistent
                                                Sector Detroit or his designated                                                                              with the fundamental federalism
                                                representative. The Captain of the Port,                   The Regulatory Flexibility Act of 1980             principles and preemption requirements
                                                Sector Detroit or his designated                        (RFA), 5 U.S.C. 601–612, as amended,                  described in Executive Order 13132.
                                                representative may be contacted via                     requires federal agencies to consider the                Also, this rule does not have tribal
                                                VHF Channel 16.                                         potential impact of regulations on small              implications under Executive Order
                                                IV. Regulatory Analyses                                 entities during rulemaking. The Coast                 13175, Consultation and Coordination
                                                                                                        Guard certifies under 5 U.S.C. 605(b)                 with Indian Tribal Governments,
                                                  We developed this rule after                                                                                because it does not have a substantial
                                                                                                        that this rule will not have a significant
                                                considering numerous statutes and                                                                             direct effect on one or more Indian
                                                                                                        economic impact on a substantial
                                                executive orders related to rulemaking.                                                                       tribes, on the relationship between the
                                                                                                        number of small entities. Under the
                                                Below we summarize our analyses                                                                               Federal Government and Indian tribes,
                                                based on a number of these statutes and                 Regulatory Flexibility Act (5 U.S.C.
                                                                                                        601–612), we have considered the                      or on the distribution of power and
                                                Executive orders, and we discuss First                                                                        responsibilities between the Federal
                                                Amendment rights of protestors.                         impact of this temporary rule on small
                                                                                                        entities. While some owners or                        Government and Indian tribes. If you
                                                A. Regulatory Planning and Review                       operators of vessels intending to transit             believe this rule has implications for
                                                                                                        the safety zone may be small entities, for            federalism or Indian tribes, please
                                                   Executive Orders 12866 (‘‘Regulatory
                                                                                                        the reasons stated in section V.A above,              contact the person listed in the FOR
                                                Planning and Review’’) and 13563
                                                                                                                                                              FURTHER INFORMATION CONTACT section
                                                (‘‘Improving Regulation and Regulatory                  this rule will not have a significant
                                                                                                                                                              above.
                                                Review’’) direct agencies to assess the                 economic impact on any vessel owner
                                                costs and benefits of available regulatory              or operator.                                          E. Unfunded Mandates Reform Act
                                                alternatives and, if regulation is                         Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                                necessary, to select regulatory                         Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                                approaches that maximize net benefits                   Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                                including potential economic,                           we want to assist small entities in                   their discretionary regulatory actions. In
                                                environmental, public health and safety                 understanding this rule. If the rule                  particular, the Act addresses actions
                                                effects, distributive impacts, and equity.              would affect your small business,                     that may result in the expenditure by a
                                                Executive Order 13563 emphasizes the                    organization, or governmental                         State, local, or tribal government, in the
                                                importance of quantifying both costs                    jurisdiction and you have questions                   aggregate, or by the private sector of
                                                and benefits, of reducing costs, of                     concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                                harmonizing rules, and of promoting                     compliance, please contact the person                 more in any one year. Though this rule
                                                flexibility. Executive Order 13771                      listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                                (‘‘Reducing Regulation and Controlling                  CONTACT section.                                      we do discuss the effects of this rule
                                                Regulatory Costs’’), directs agencies to                                                                      elsewhere in this preamble.
                                                reduce regulation and control regulatory                   Small businesses may send comments
                                                costs and provides that ‘‘for every one                 on the actions of Federal employees                   F. Environment
                                                new regulation issued, at least two prior               who enforce, or otherwise determine                     We have analyzed this rule under
                                                regulations be identified for elimination,              compliance with, Federal regulations to               Department of Homeland Security
                                                and that the cost of planned regulations                the Small Business and Agriculture                    Management Directive 023–01 and
                                                be prudently managed and controlled                     Regulatory Enforcement Ombudsman                      Commandant Instruction M16475.lD,
                                                through a budgeting process.’’                          and the Regional Small Business                       which guide the Coast Guard in
                                                   The Office of Management and Budget                  Regulatory Fairness Boards. The                       complying with the National
                                                (OMB) has not designated this rule a                    Ombudsman evaluates these actions                     Environmental Policy Act of 1969 (42
                                                significant regulatory action under                     annually and rates each agency’s                      U.S.C. 4321–4370f), and have
                                                section 3(f) of Executive Order 12866.                  responsiveness to small business. If you              determined that this action is one of a
jstallworth on DSKBBY8HB2PROD with RULES




                                                Accordingly, the Office of Management                   wish to comment on actions by                         category of actions that do not
                                                and Budget (OMB) has not reviewed it.                   employees of the Coast Guard, call 1–                 individually or cumulatively have a
                                                As this rule is not a significant                       888–REG–FAIR (1–888–734–3247). The                    significant effect on the human
                                                regulatory action, this rule is exempt                  Coast Guard will not retaliate against                environment. This rule involves a safety
                                                from the requirements of Executive                      small entities that question or complain              zone lasting one hour that will prohibit
                                                Order 13771. See OMB’s Memorandum                       about this rule or any policy or action               entry within a 350-yard radius from
                                                titled ‘‘Interim Guidance Implementing                  of the Coast Guard.                                   where a fireworks display will be


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                                                                 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations                                         48933

                                                conducted. It is categorically excluded                   (3) The ‘‘designated representative’’ of               • International Priority Airmail®
                                                from further review under paragraph                     the Captain of the Port Detroit is any                (IPA®).
                                                34(g) of Figure 2–1 of the Commandant                   Coast Guard commissioned, warrant, or                    • International Surface Air Lift®
                                                Instruction. A Record of Environmental                  petty officer who has been designated                 (ISAL®).
                                                Consideration supporting this                           by the Captain of the Port Detroit to act                • Direct Sacks of Printed Matter to
                                                determination is available in the docket                on his behalf. The designated                         One Addressee (Airmail M-bag®
                                                where indicated under ADDRESSES.                        representative of the Captain of the Port             services).
                                                                                                        Detroit will be aboard either a Coast                    • The following international extra
                                                G. Protest Activities                                                                                         services and fees:
                                                                                                        Guard or Coast Guard Auxiliary vessel.
                                                  The Coast Guard respects the First                    The Captain of the Port Detroit or his                     • International Insurance.
                                                Amendment rights of protesters.                         designated representative may be                           • International Certificate of
                                                Protesters are asked to contact the                     contacted via VHF Channel 16.                         Mailing.
                                                person listed in the FOR FURTHER                          (4) Vessel operators desiring to enter                   • International Registered Mail.
                                                INFORMATION CONTACT section to                          or operate within the safety zone shall                    • International Return Receipt.
                                                coordinate protest activities so that your              contact the Captain of the Port Detroit                    • International Postal Money
                                                message can be received without                         or his designated representative to                   Orders.
                                                jeopardizing the safety or security of                                                                             • International Money Order
                                                                                                        obtain permission to do so. Vessel
                                                people, places or vessels.                                                                                    Inquiry Fee.
                                                                                                        operators given permission to enter or
                                                                                                                                                                   • International Money Transfer
                                                List of Subjects in 33 CFR Part 165                     operate in the safety zone must comply
                                                                                                                                                              Service.
                                                                                                        with all directions given to them by the                   • Customs Clearance and Delivery
                                                  Harbors, Marine safety, Navigation                    Captain of the Port Detroit or his
                                                (water), Reporting and recordkeeping                                                                          Fee.
                                                                                                        designated representative.
                                                requirements, Security measures,                                                                              New prices will be located on the Postal
                                                                                                          Dated: October 18, 2017.                            Explorer® Web site at http://
                                                Waterways.
                                                                                                        Kevin D. Floyd,                                       pe.usps.com.
                                                  For the reasons discussed in the
                                                preamble, the Coast Guard amends 33                     Commander, U.S. Coast Guard, Acting,
                                                                                                        Captain of the Port Detroit.                          Global Express Guaranteed
                                                CFR part 165 as follows:
                                                                                                        [FR Doc. 2017–22948 Filed 10–20–17; 8:45 am]            Global Express Guaranteed (GXG)
                                                PART 165—REGULATED NAVIGATION                           BILLING CODE 9110–04–P                                service provides fast international
                                                AREAS AND LIMITED ACCESS AREAS                                                                                shipping and date-certain delivery with
                                                                                                                                                              a money-back guarantee, with
                                                ■ 1. The authority citation for part 165                POSTAL SERVICE                                        international transportation and
                                                continues to read as follows:                                                                                 delivery provided through an alliance
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             39 CFR Part 20                                        with FedEx Express®. The price
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     increase for GXG service averages 3.9
                                                Department of Homeland Security Delegation              International Competitive Services                    percent.
                                                No. 0170.1.                                             Product and Price Changes                               The Postal Service provides
                                                  2. Add § 165.T09–0632 to read as                                                                            Commercial Base pricing to online
                                                ■                                                       AGENCY:    Postal ServiceTM.
                                                follows:                                                                                                      customers who prepare and pay for GXG
                                                                                                        ACTION:   Final rule.                                 shipments via USPS-approved payment
                                                § 165.T09–0632 Safety Zone; Light the                   SUMMARY:   The Postal Service is revising             methods (other than Click-N-Ship®
                                                Night Leukemia and Lymphoma Society,
                                                                                                        Mailing Standards of the United States                service), with a 5 percent discount off
                                                Maumee River, Toledo, OH.                                                                                     the published retail prices for GXG
                                                                                                        Postal Service, International Mail
                                                  (a) Location. The following area is a                 Manual (IMM®), to reflect the prices,                 service. Customers who prepare GXG
                                                temporary safety zone: All U.S.                         product features, and classification                  shipments via Click-N-Ship service will
                                                navigable waters of the Maumee River,                   changes to Competitive Services, as                   continue to pay retail prices.
                                                Toledo, OH within a 725-foot radius of                  established by the Governors of the                   Commercial Plus prices are set to match
                                                the fireworks launch site located at                    Postal Service.                                       the Commercial Base prices.
                                                position 41°38′07.9″ N., 083°31′24.4″ W.
                                                                                                        DATES: Effective: January 21, 2018.                   Priority Mail Express International
                                                All geographic coordinates are North
                                                American Datum of 1983 (NAD 83).                        FOR FURTHER INFORMATION CONTACT:                         Priority Mail Express International
                                                   (b) Effective period. This regulation is             Paula Rabkin at 202–268–2537.                         service provides fast service to
                                                effective from 8 p.m. through 9 p.m. on                 SUPPLEMENTARY INFORMATION: New                        approximately 180 countries in 3–5
                                                October 22, 2017. The Captain of the                    prices will be posted under Docket                    business days, for many major markets,
                                                Port Detroit, or a designated                           Number CP2018–8 on the Postal                         although the actual number of days may
                                                representative may suspend                              Regulatory Commission’s Web site at                   vary based upon origin, destination and
                                                enforcement of the safety zone at any                   http://www.prc.gov.                                   customs delays. Priority Mail Express
                                                time.                                                     This final rule describes the                       International with Money-Back
                                                   (c) Regulations. (1) In accordance with              international price and classification                Guarantee service is available for certain
                                                the general regulations in § 165.23 of                  changes and the corresponding mailing                 destinations. The price increase for
                                                this part, entry into, transiting or                    standards changes for the following                   Priority Mail Express International
                                                anchoring within this safety zone is                    Competitive Services:                                 service averages 3.9 percent. The
jstallworth on DSKBBY8HB2PROD with RULES




                                                prohibited unless authorized by the                       • Global Express Guaranteed®                        Commercial Base price for customers
                                                Captain of the Port Detroit, or his                     (GXG®).                                               who prepare and pay for Priority Mail
                                                designated representative.                                • Priority Mail Express                             Express International shipments via
                                                   (2) This safety zone is closed to all                International®.                                       permit imprint, online at USPS.com®, or
                                                vessel traffic, except as may be                          • Priority Mail International®.                     as registered end-users using an
                                                permitted by the Captain of the Port                      • First-Class Package International                 authorized PC Postage vendor (with the
                                                Detroit or his designated representative.               Service® (FCPIS®).                                    exception of Click-N-Ship service) will


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Document Created: 2017-10-21 02:36:01
Document Modified: 2017-10-21 02:36:01
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 regulation is effective from 8 p.m. through 9 p.m. on October 22, 2017.
ContactIf you have questions on this temporary rule, call or email MST1 Ryan Erpelding, Waterways Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 418-6037, email [email protected]
FR Citation82 FR 48931 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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