83_FR_14819 83 FR 14752 - Safety Zone; Pathfinder Bank Fireworks Display; Oswego River, Oswego, NY

83 FR 14752 - Safety Zone; Pathfinder Bank Fireworks Display; Oswego River, Oswego, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 67 (April 6, 2018)

Page Range14752-14754
FR Document2018-07080

The Coast Guard is establishing a temporary safety zone for navigable waters within a 210-foot radius of the launch site located at 77-79 West First Street, Oswego, NY. This safety zone is intended to restrict vessels from portions of the Oswego River during Pathfinder Bank fireworks display. 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 83 Issue 67 (Friday, April 6, 2018)
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Rules and Regulations]
[Pages 14752-14754]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07080]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0263]
RIN 1625-AA00


Safety Zone; Pathfinder Bank Fireworks Display; Oswego River, 
Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 210-foot radius of the launch site located at 
77-79 West First Street, Oswego, NY. This safety zone is intended to 
restrict vessels from portions of the Oswego River during Pathfinder 
Bank fireworks display. 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 5:15 p.m. until 11:15 p.m. on April 
7, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0263 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Michael Collet, Chief Waterways Management Division, 
U.S. Coast Guard; 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 because 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 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 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 the 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 April 7, 2018, from 5:15 
p.m. until 11:15 p.m. The safety zone will encompass all waters of the 
Oswego River; Oswego, NY contained within 210-foot radius of: 
43[deg]27'34.10'' N, 076[deg]30'39.50'' W.
    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

[[Page 14753]]

representative. The Captain of the Port or his designated on-scene 
representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the conclusion 
that this rule is not a significant regulatory action. We anticipate 
that it will have minimal impact on the economy, will not interfere 
with other agencies, will not adversely alter the budget of any grant 
or loan recipients, and will not raise any novel legal or policy 
issues. The safety zone created by this rule will be relatively small 
and enforced for a relatively short time. Also, the safety zone has 
been designed to allow vessels to transit around it. Thus, restrictions 
on vessel movement within that particular area are expected to be 
minimal. Under certain conditions, moreover, vessels may still transit 
through the safety zone when permitted by the Captain of the Port.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
establishes a temporary safety zone. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. 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:

[[Page 14754]]

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.T09-0263 to read as follows:


Sec.  165.T09-0263  Safety Zone; Pathfinder Bank Fireworks Display; 
Oswego River, Oswego, NY.

    (a) Location. The safety zone will encompass all waters of the 
Oswego River; Oswego, NY contained within a 210-foot radius of: 
43[deg]27'34.10'' N, 076[deg]30'39.50'' W.
    (b) Enforcement period. This regulation will be enforced from 5:15 
p.m. until 11:15 p.m. on April 7, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: April 3, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-07080 Filed 4-5-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             14752                 Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations

                                             These special local regulations are                       Dated: March 20, 2018.                              II. Background Information and
                                             necessary to provide for the safety of the              J.R. Buzzella,                                        Regulatory History
                                             participants, crew, spectators, sponsor                 Captain, U.S. Coast Guard, Captain of the                The Coast Guard is issuing this
                                             vessels of the triathlon, and general                   Port San Diego.
                                                                                                                                                           temporary rule without prior notice and
                                             users of the waterway. During the                       [FR Doc. 2018–07086 Filed 4–5–18; 8:45 am]            opportunity to comment pursuant to
                                             enforcement period, persons and vessels                 BILLING CODE 9110–04–P                                authority under section 4(a) of the
                                             are prohibited from entering into,                                                                            Administrative Procedure Act (APA) (5
                                             transiting through, or anchoring within                                                                       U.S.C. 553(b)). This provision
                                             this regulated area unless authorized by                DEPARTMENT OF HOMELAND                                authorizes an agency to issue a rule
                                             the Captain of the Port, or his                         SECURITY                                              without prior notice and opportunity to
                                             designated representative.                                                                                    comment when the agency for good
                                                                                                     Coast Guard
                                             DATES: The regulations for the marine                                                                         cause finds that those procedures are
                                             event listed in 33 CFR 100.1101, Table                                                                        ‘‘impracticable, unnecessary, or contrary
                                                                                                     33 CFR Part 165
                                             1, Item 2, will be enforced from 6:30                                                                         to the public interest.’’ Under 5 U.S.C.
                                             a.m. through 8:40 a.m. on April 7, 2018.                                                                      553(b)(B), the Coast Guard finds that
                                                                                                     [Docket Number USCG–2018–0263]                        good cause exists for not publishing a
                                             FOR FURTHER INFORMATION CONTACT: If
                                             you have questions about this                                                                                 notice of proposed rulemaking (NPRM)
                                             publication of enforcement, call or                     RIN 1625–AA00                                         with respect to this rule because the
                                             email Lieutenant Junior Grade Briana                                                                          event sponsor did not submit notice to
                                                                                                     Safety Zone; Pathfinder Bank                          the Coast Guard with sufficient time
                                             Biagas, Waterways Management, U.S.                      Fireworks Display; Oswego River,
                                             Coast Guard Sector San Diego, CA;                                                                             remaining before the event to publish an
                                                                                                     Oswego, NY                                            NPRM. Delaying the effective date of
                                             telephone (619) 278–7656, email
                                             D11MarineEventsSD@uscg.mil.                             AGENCY:    Coast Guard, DHS.                          this rule to wait for a comment period
                                                                                                                                                           to run would be impracticable and
                                             SUPPLEMENTARY INFORMATION: The Coast                    ACTION:   Temporary final rule.
                                                                                                                                                           contrary to the public interest by
                                             Guard will enforce the special local                                                                          inhibiting the Coast Guard’s ability to
                                             regulations in 33 CFR 100.1101 from                     SUMMARY:   The Coast Guard is
                                                                                                     establishing a temporary safety zone for              protect spectators and vessels from the
                                             6:30 a.m. through 8:40 a.m. on April 7,                                                                       hazards associated with a fireworks
                                             2018 for the California Half Ironman                    navigable waters within a 210-foot
                                                                                                     radius of the launch site located at 77–              display.
                                             Triathlon in Oceanside, CA. This action                                                                          Under 5 U.S.C. 553(d)(3), the Coast
                                             is being taken to provide for the safety                79 West First Street, Oswego, NY. This
                                                                                                     safety zone is intended to restrict                   Guard finds that good cause exists for
                                             of life on navigable waterways during                                                                         making this rule effective less than 30
                                             the triathlon. Our regulation for                       vessels from portions of the Oswego
                                                                                                     River during Pathfinder Bank fireworks                days after publication in the Federal
                                             recurring marine events in the San                                                                            Register because doing so would be
                                             Diego Captain of the Port Zone,                         display. This temporary safety zone is
                                                                                                     necessary to protect mariners and                     impracticable and contrary to the public
                                             § 100.1101, specifies the location of the                                                                     interest. Delaying the effective date
                                             regulated area for this 2 KM loop open                  vessels from the navigational hazards
                                                                                                     associated with a fireworks display.                  would be contrary to the rule’s
                                             water swim is located offshore                                                                                objectives of ensuring safety of life on
                                             Oceanside and in Oceanside Harbor.                      Entry of vessels or persons into this
                                                                                                     zone is prohibited unless specifically                the navigable waters and protection of
                                             Under the provisions of 33 CFR                                                                                persons and vessels in vicinity of the
                                             100.1101, persons and vessels are                       authorized by the Captain of the Port
                                                                                                     Buffalo.                                              fireworks display.
                                             prohibited from entering into, transiting
                                             through, or anchoring within this                       DATES: This rule is effective from 5:15               III. Legal Authority and Need for Rule
                                             regulated area unless authorized by the                 p.m. until 11:15 p.m. on April 7, 2018.                  The Coast Guard is issuing this rule
                                             Captain of the Port, or his designated                  ADDRESSES: To view documents                          under authority in 33 U.S.C. 1231. The
                                             representative. The Coast Guard may be                  mentioned in this preamble as being                   Captain of the Port Buffalo (COTP) has
                                             assisted by other Federal, State, or local              available in the docket, go to http://                determined that a fireworks display
                                             law enforcement agencies in enforcing                   www.regulations.gov, type USCG–2018–                  presents significant risks to the public
                                             this regulation.                                        0263 in the ‘‘SEARCH’’ box and click                  safety and property. Such hazards
                                                This document is issued under                        ‘‘SEARCH.’’ Click on Open Docket                      include premature and accidental
                                             authority of 5 U.S.C. 552 (a) and 33 CFR                Folder on the line associated with this               detonations, dangerous projectiles, and
                                             100.1101. In addition to this document                  rule.                                                 falling or burning debris. This rule is
                                             in the Federal Register, the Coast Guard                FOR FURTHER INFORMATION CONTACT: If                   needed to protect personnel, vessels,
                                             will provide the maritime community                     you have questions on this rule, call or              and the marine environment in the
                                             with advance notification of this                       email LT Michael Collet, Chief                        navigable waters within the safety zone
                                             enforcement period via the Local Notice                 Waterways Management Division, U.S.                   while the fireworks display takes place.
                                             to Mariners, Broadcast Notice to                        Coast Guard; telephone 716–843–9322,
                                             Mariners, and local advertising by the                                                                        IV. Discussion of the Rule
                                                                                                     email D09-SMB-SECBuffalo-WWM@
                                             event sponsor.                                          uscg.mil.                                               This rule establishes a safety zone on
                                                If the Captain of the Port Sector San                                                                      April 7, 2018, from 5:15 p.m. until 11:15
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             Diego or his designated representative                                                                        p.m. The safety zone will encompass all
                                             determines that the regulated area need                                                                       waters of the Oswego River; Oswego,
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     I. Table of Abbreviations
                                             not be enforced for the full duration                                                                         NY contained within 210-foot radius of:
                                                                                                     CFR Code of Federal Regulations
                                             stated on this document, he or she may                  DHS Department of Homeland Security
                                                                                                                                                           43°27′34.10″ N, 076°30′39.50″ W.
                                             use a Broadcast Notice to Mariners or                   FR Federal Register                                     Entry into, transiting, or anchoring
                                             other communications coordinated with                   NPRM Notice of proposed rulemaking                    within the safety zone is prohibited
                                             the event sponsor to grant general                      § Section                                             unless authorized by the Captain of the
                                             permission to enter the regulated area.                 U.S.C. United States Code                             Port Buffalo or his designated on-scene


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                                                                   Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations                                        14753

                                             representative. The Captain of the Port                    While some owners or operators of                  Government and Indian tribes. If you
                                             or his designated on-scene                              vessels intending to transit the safety               believe this rule has implications for
                                             representative may be contacted via                     zone may be small entities, for the                   federalism or Indian tribes, please
                                             VHF Channel 16.                                         reasons stated in section V.A above, this             contact the person listed in the FOR
                                                                                                     rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                             V. Regulatory Analyses
                                                                                                     economic impact on any vessel owner                   above.
                                               We developed this rule after                          or operator.
                                             considering numerous statutes and                          Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             Executive orders related to rulemaking.                 Business Regulatory Enforcement
                                             Below we summarize our analyses                         Fairness Act of 1996 (Pub. L. 104–121),                 The Unfunded Mandates Reform Act
                                             based on a number of these statutes and                 we want to assist small entities in                   of 1995 (2 U.S.C. 1531–1538) requires
                                             Executive orders, and we discuss First                  understanding this rule. If the rule                  Federal agencies to assess the effects of
                                             Amendment rights of protestors.                         would affect your small business,                     their discretionary regulatory actions. In
                                                                                                     organization, or governmental                         particular, the Act addresses actions
                                             A. Regulatory Planning and Review
                                                                                                     jurisdiction and you have questions                   that may result in the expenditure by a
                                                Executive Orders 12866 and 13563                     concerning its provisions or options for              State, local, or tribal government, in the
                                             direct agencies to assess the costs and                 compliance, please contact the person                 aggregate, or by the private sector of
                                             benefits of available regulatory                        listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                             alternatives and, if regulation is                      CONTACT section.                                      more in any one year. Though this rule
                                             necessary, to select regulatory                            Small businesses may send comments                 will not result in such an expenditure,
                                             approaches that maximize net benefits.                  on the actions of Federal employees                   we do discuss the effects of this rule
                                             Executive Order 13771 directs agencies                  who enforce, or otherwise determine                   elsewhere in this preamble.
                                             to control regulatory costs through a                   compliance with, Federal regulations to
                                             budgeting process. This rule has not                    the Small Business and Agriculture                    F. Environment
                                             been designated a ‘‘significant                         Regulatory Enforcement Ombudsman
                                             regulatory action,’’ under Executive                    and the Regional Small Business                         We have analyzed this rule under
                                             Order 12866. Accordingly, this rule has                 Regulatory Fairness Boards. The                       Department of Homeland Security
                                             not been reviewed by the Office of                      Ombudsman evaluates these actions                     Directive 023–01 and Commandant
                                             Management and Budget (OMB), and                        annually and rates each agency’s                      Instruction M16475.1D, which guide the
                                             pursuant to OMB guidance it is exempt                   responsiveness to small business. If you              Coast Guard in complying with the
                                             from the requirements of Executive                      wish to comment on actions by                         National Environmental Policy Act of
                                             Order 13771.                                            employees of the Coast Guard, call 1–                 1969 (42 U.S.C. 4321–4370f), and have
                                                This regulatory action determination                 888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                             is based on the conclusion that this rule               Coast Guard will not retaliate against                category of actions that do not
                                             is not a significant regulatory action. We              small entities that question or complain              individually or cumulatively have a
                                             anticipate that it will have minimal                    about this rule or any policy or action               significant effect on the human
                                             impact on the economy, will not                         of the Coast Guard.                                   environment. This rule establishes a
                                             interfere with other agencies, will not                                                                       temporary safety zone. It is categorically
                                             adversely alter the budget of any grant                 C. Collection of Information
                                                                                                                                                           excluded from further review under
                                             or loan recipients, and will not raise any                This rule will not call for a new                   paragraph L60(a) of Appendix A, Table
                                             novel legal or policy issues. The safety                collection of information under the                   1 of DHS Instruction Manual 023–01–
                                             zone created by this rule will be                       Paperwork Reduction Act of 1995 (44                   001–01, Rev. 01. A Record of
                                             relatively small and enforced for a                     U.S.C. 3501–3520).
                                             relatively short time. Also, the safety                                                                       Environmental Consideration
                                             zone has been designed to allow vessels                 D. Federalism and Indian Tribal                       supporting this determination is
                                             to transit around it. Thus, restrictions on             Governments                                           available in the docket where indicated
                                             vessel movement within that particular                     A rule has implications for federalism             under ADDRESSES.
                                             area are expected to be minimal. Under                  under Executive Order 13132,                          G. Protest Activities
                                             certain conditions, moreover, vessels                   Federalism, if it has a substantial direct
                                             may still transit through the safety zone               effect on the States, on the relationship               The Coast Guard respects the First
                                             when permitted by the Captain of the                    between the national government and                   Amendment rights of protesters.
                                             Port.                                                   the States, or on the distribution of                 Protesters are asked to contact the
                                                                                                     power and responsibilities among the                  person listed in the FOR FURTHER
                                             B. Impact on Small Entities                             various levels of government. We have                 INFORMATION CONTACT section to
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and               coordinate protest activities so that your
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 message can be received without
                                             requires Federal agencies to consider                   with the fundamental federalism                       jeopardizing the safety or security of
                                             the potential impact of regulations on                  principles and preemption requirements                people, places or vessels.
                                             small entities during rulemaking. The                   described in Executive Order 13132.
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                             businesses, not-for-profit organizations                implications under Executive Order
                                             that are independently owned and                        13175, Consultation and Coordination                    Harbors, Marine safety, Navigation
                                             operated and are not dominant in their                  with Indian Tribal Governments,                       (water), Reporting and recordkeeping
daltland on DSKBBV9HB2PROD with RULES




                                             fields, and governmental jurisdictions                  because it does not have a substantial                requirements, Security measures,
                                             with populations of less than 50,000.                   direct effect on one or more Indian                   Waterways.
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the                 For the reasons discussed in the
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,
                                                                                                                                                           preamble, the Coast Guard amends 33
                                             significant economic impact on a                        or on the distribution of power and
                                                                                                                                                           CFR part 165 as follows:
                                             substantial number of small entities.                   responsibilities between the Federal


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                                             14754                    Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations

                                             PART 165—REGULATED NAVIGATION                             Port Buffalo or his on-scene                            declarations into the SIP for the 1997 8-
                                             AREAS AND LIMITED ACCESS AREAS                            representative may be contacted via                     hour ozone NAAQS. We are approving
                                                                                                       VHF Channel 16. Vessel operators given                  local SIP revisions under the Clean Air
                                             ■ 1. The authority citation for part 165                  permission to enter or operate in the                   Act (CAA or the Act).
                                             continues to read as follows:                             safety zone must comply with all                        DATES: This rule will be effective on
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;               directions given to them by the Captain                 May 7, 2018.
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                 of the Port Buffalo, or his on-scene                    ADDRESSES: The EPA has established a
                                             Department of Homeland Security Delegation                representative.                                         docket for this action under Docket ID
                                             No. 0170.1.
                                                                                                         Dated: April 3, 2018.                                 No. EPA–R09–OAR–2008–0612. All
                                             ■ 2. Add § 165.T09–0263 to read as                        Kenneth E. Blair,                                       documents in the docket are listed on
                                             follows:                                                  Commander, U.S. Coast Guard, Acting                     the https://www.regulations.gov
                                             § 165.T09–0263 Safety Zone; Pathfinder                    Captain of the Port Buffalo.                            website. Although listed in the index,
                                             Bank Fireworks Display; Oswego River,                     [FR Doc. 2018–07080 Filed 4–5–18; 8:45 am]              some information is not publicly
                                             Oswego, NY.                                               BILLING CODE 9110–04–P                                  available, e.g., Confidential Business
                                               (a) Location. The safety zone will                                                                              Information or other information whose
                                             encompass all waters of the Oswego                                                                                disclosure is restricted by statute.
                                             River; Oswego, NY contained within a                      ENVIRONMENTAL PROTECTION                                Certain other material, such as
                                             210-foot radius of: 43°27′34.10″ N,                       AGENCY                                                  copyrighted material, is not placed on
                                             076°30′39.50″ W.                                                                                                  the internet and will be publicly
                                               (b) Enforcement period. This                            40 CFR Part 52                                          available only in hard copy form.
                                             regulation will be enforced from 5:15                                                                             Publicly available docket materials are
                                                                                                       [EPA–R09–OAR–2008–0612; FRL–9976–06–                    available through https://
                                             p.m. until 11:15 p.m. on April 7, 2018.                   Region 9]
                                               (c) Regulations. (1) In accordance with                                                                         www.regulations.gov/, or please contact
                                             the general regulations in § 165.23 of                    Approval of California Air Plan                         the person identified in the FOR FURTHER
                                             this part, entry into, transiting, or                                                                             INFORMATION CONTACT section for
                                                                                                       Revisions, Yolo-Solano Air Quality
                                             anchoring within this safety zone is                      Management District                                     additional availability information.
                                             prohibited unless authorized by the                                                                               FOR FURTHER INFORMATION CONTACT:
                                             Captain of the Port Buffalo or his                        AGENCY:  Environmental Protection                       Stanley Tong, EPA Region IX, (415)
                                             designated on-scene representative.                       Agency (EPA).                                           947–4122, tong.stanley@epa.gov.
                                               (2) This safety zone is closed to all                   ACTION: Final rule.                                     SUPPLEMENTARY INFORMATION:
                                             vessel traffic, except as may be                                                                                  Throughout this document, ‘‘we,’’ ‘‘us’’
                                             permitted by the Captain of the Port                      SUMMARY:    The Environmental Protection
                                                                                                                                                               and ‘‘our’’ refer to the EPA.
                                             Buffalo or his designated on-scene                        Agency (EPA) is taking final action to
                                             representative.                                           approve a revision to the Yolo-Solano                   Table of Contents
                                               (3) The ‘‘on-scene representative’’ of                  Air Quality Management District                         I. Proposed Action
                                             the Captain of the Port Buffalo is any                    (YSAQMD or ‘‘District’’) portion of the                 II. Public Comments
                                             Coast Guard commissioned, warrant or                      California State Implementation Plan                    III. EPA Action
                                             petty officer who has been designated                     (SIP). This revision concerns the                       IV. Statutory and Executive Order Reviews
                                             by the Captain of the Port Buffalo to act                 District’s demonstration regarding
                                                                                                       Reasonably Available Control                            I. Proposed Action
                                             on his behalf.
                                               (4) Vessel operators desiring to enter                  Technology (RACT) requirements for                        On January 8, 2018 (83 FR 764), the
                                             or operate within the safety zone must                    the 1997 8-hour ozone National                          EPA proposed to approve the following
                                             contact the Captain of the Port Buffalo                   Ambient Air Quality Standard                            documents submitted by the California
                                             or his on-scene representative to obtain                  (NAAQS). The EPA is also taking final                   Air Resources Board (CARB) into the
                                             permission to do so. The Captain of the                   action to approve YSAQMD’s negative                     California SIP.

                                                     Local agency                                                        Document                                                 Adopted           Submitted

                                             YSAQMD ...........................   Reasonably Available Control Technology (RACT) State Implementation Plan                          9/13/2006          1/31/2007
                                                                                    (SIP) (‘‘2006 RACT SIP’’).
                                             YSAQMD ...........................   Adoption of Four Negative Declarations: EPA 450/2–78–029—Control of Volatile                    1 1/10/2018          2/22/2018
                                                                                    Organic Emissions from Manufacture of Synthesized Pharmaceutical Products;
                                                                                  EPA 453/R–96–007—Control of Volatile Organic Emissions from Wood Furniture
                                                                                    Manufacturing Operations;
                                                                                  EPA 450/3–84–015—Control of Volatile Organic Compound Emissions from Air
                                                                                    Oxidation Processes in Synthetic Organic Chemical Manufacturing Industry;
                                                                                    and
                                                                                  EPA450/4–91–031—Control of Volatile Organic Compound Emissions from Re-
                                                                                    actor Processes and Distillation Operations in Synthetic Organic Chemical
                                                                                    Manufacturing Industry.
daltland on DSKBBV9HB2PROD with RULES




                                               1 On December 22, 2017, CARB transmitted                If the state’s proposed rule is changed, the EPA will   adopted by California and submitted formally to the
                                             YSAQMD’s public draft version of negative                 evaluate that subsequent change and may publish         EPA for incorporation into the SIP. See 40 CFR part
                                             declarations for four Control Techniques Guidelines       another notice of proposed rulemaking. If no            51, appendix V. The YSAQMD’s Governing Board
                                             (CTG) documents along with a request for parallel         significant change is made, the EPA will publish a      adopted the four negative declarations on January
                                             processing. Under the EPA’s parallel processing           final rulemaking on the rule after responding to any
                                                                                                                                                               10, 2018.
                                             procedure, the EPA proposes rulemaking action             submitted comments. Final rulemaking action by
                                             concurrently with the state’s proposed rulemaking.        the EPA will occur only after the rule has been fully



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Document Created: 2018-11-01 09:15:41
Document Modified: 2018-11-01 09:15:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 5:15 p.m. until 11:15 p.m. on April 7, 2018.
ContactIf you have questions on this rule, call or email LT Michael Collet, Chief Waterways Management Division, U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo- [email protected]
FR Citation83 FR 14752 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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