83_FR_26477 83 FR 26367 - Safety Zone; Blazing Paddles 2018 SUP Race; Cuyahoga River, Cleveland, OH &

83 FR 26367 - Safety Zone; Blazing Paddles 2018 SUP Race; Cuyahoga River, Cleveland, OH &

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 110 (June 7, 2018)

Page Range26367-26369
FR Document2018-12301

The Coast Guard is establishing a temporary safety zone for certain waters of the Cuyahoga River during the Blazing Paddles Stand Up Paddleboard Race. This safety zone is intended to restrict vessels from a portion of the Cuyahoga River during the Blazing Paddles Stand Up Paddleboard Race. This temporary safety zone is necessary to protect mariners and racers from the navigational hazards associated with the Stand Up Paddleboard Race.

Federal Register, Volume 83 Issue 110 (Thursday, June 7, 2018)
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Rules and Regulations]
[Pages 26367-26369]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12301]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0242]
RIN 1625-AA00


Safety Zone; Blazing Paddles 2018 SUP Race; Cuyahoga River, 
Cleveland, OH&

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Cuyahoga River during the Blazing Paddles Stand 
Up Paddleboard Race. This safety zone is intended to restrict vessels 
from a portion of the Cuyahoga River during the Blazing Paddles Stand 
Up Paddleboard Race. This temporary safety zone is necessary to protect 
mariners and racers from the navigational hazards associated with the 
Stand Up Paddleboard Race.

DATES: This rule is effective from 8:30 a.m. through 11:30 a.m. on June 
23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 26368]]

available in the docket, go to http://www.regulations.gov, type USCG-
2018-0242 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 of Waterways Management, U.S. 
Coast Guard Sector Buffalo; telephone 716-843-9322, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    On April 20, 2018 the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) titled Blazing Paddles 2018 SUP Race; Cuyahoga River, 
Cleveland, OH Sec.  165.T09-0242. In that we discussed why we issued 
the NPRM and invited comments on our proposed regulatory action related 
to this Standup Paddleboard race. The comment period ended May 30, 
2018; we received one comment relating to the event. The comment makes 
note of a Memorandum of Understanding that had been agreed upon by the 
Lake Carriers' Association and Share the River. The Lake Carriers 
Association have no objection to the proposed rule. There was nothing 
further that needed to be addressed regarding the Temporary Final Rule.
    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 near the event.

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 
large-scale paddle craft event on a navigable waterway will pose a 
significant risk to participants and the boating public. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the Blazing Paddles Race 
is happening.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published April 
30, 2018, and there was no objection to the proposed rule. There are no 
changes in the regulatory text of this rule from the proposed rule in 
the NPRM.
    This rule establishes a safety zone from 8:30 a.m. through 11:30 
a.m. on June 23, 2018. The safety zone will cover all navigable waters 
at the start point at position 41[deg]29'36'' N and 081[deg]42'13'' W 
to the turnaround point at position 41[deg]28'52'' N and 
081[deg]40'33'' W on the Cuyahoga River in Cleveland, OH. The duration 
of the zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled 9 to 11 a.m. 
Paddleboard Race.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP Buffalo or his designated on-
scene representative. The COTP 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 
characteristics of the safety zone. The safety zone created by this 
rule will be relatively small and is designed to minimize its impact on 
navigable waters. Furthermore, the safety zone has been designed to 
allow vessels to transit around it. In addition, the safety zone will 
designate times when races are not occurring; allowing vessels to 
travel through the safety zone. 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 COTP.

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 received 00 comments from the Small Business 
Administration on this 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.
    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

[[Page 26369]]

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.

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 establishment of a 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 record 
keeping 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.T09-0242 to read as follows:


Sec.  165.T09-0242  Safety Zone; Blazing Paddles 2018 SUP Race; 
Cuyahoga River, Cleveland, OH.

    (a) Location. The safety zone will encompass all waters of the 
Cuyahoga River in Cleveland OH, beginning at position 41[deg]29'36'' N 
and 081[deg]42'13'' W to the turnaround point at position 
41[deg]28'52'' N and 081[deg]40'33'' (NAD 83).
    (b) Enforcement period. This rule will be enforced from 8:30 a.m. 
through 11:30 a.m. on June 23, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
(COTP) or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or his designated on-scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer who has been designated by the 
COTP to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP Buffalo or his on-scene representative to 
obtain permission to do so. The COTP or his on-scene representative may 
be contacted via VHF Channel 16 or at (716) 843-9322. Vessel operators 
given permission to enter or operate in the safety zone must comply 
with all directions given to them by the COTP or his on-scene 
representative.

    Dated: June 4, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-12301 Filed 6-6-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations                                               26367

                                              D. Federalism and Indian Tribal                         Rev. 01. A Record of Environmental                     representative. A designated
                                              Governments                                             Consideration supporting this                          representative is a commissioned,
                                                 A rule has implications for federalism               determination is available in the docket               warrant, or petty officer of the U.S.
                                              under Executive Order 13132,                            where indicated under ADDRESSES.                       Coast Guard assigned to units under the
                                              Federalism, if it has a substantial direct                                                                     operational control of USCG Marine
                                                                                                      G. Protest Activities
                                              effect on the States, on the relationship                                                                      Safety Unit Pittsburgh.
                                                                                                        The Coast Guard respects the First                      (2) Vessels requiring entry into this
                                              between the national government and                     Amendment rights of protesters.                        safety zone must request permission
                                              the States, or on the distribution of                   Protesters are asked to contact the                    from the COTP or a designated
                                              power and responsibilities among the                    person listed in the FOR FURTHER                       representative. They may be contacted
                                              various levels of government. We have                   INFORMATION CONTACT section to                         on VHF–FM Channel 16 or 67.
                                              analyzed this rule under that Order and                 coordinate protest activities so that your                (3) All persons and vessels permitted
                                              have determined that it is consistent                   message can be received without                        to enter this safety zone must transit at
                                              with the fundamental federalism                         jeopardizing the safety or security of                 the slowest safe speed and comply with
                                              principles and preemption requirements                  people, places or vessels.                             all lawful directions issued by the COTP
                                              described in Executive Order 13132.                                                                            or the designated representative.
                                                 Also, this rule does not have tribal                 List of Subjects in 33 CFR Part 165                       (e) Informational broadcasts. The
                                              implications under Executive Order                        Marine safety, Navigation (water),                   COTP or a designated representative
                                              13175, Consultation and Coordination                    Reporting and recordkeeping                            will inform the public of the effective
                                              with Indian Tribal Governments,                         requirements, Security measures,                       period for the safety zone as well as any
                                              because it does not have a substantial                  Waterways.                                             changes in the dates and times of
                                              direct effect on one or more Indian                       For the reasons discussed in the                     enforcement through Local Notices to
                                              tribes, on the relationship between the                 preamble, the Coast Guard amends 33                    Mariners (LNMs), Broadcast Notices to
                                              Federal Government and Indian tribes,                   CFR part 165 as follows:                               Mariners (BNMs), and/or Marine Safety
                                              or on the distribution of power and                                                                            Information Bulletins (MSIBs) as
                                              responsibilities between the Federal                    PART 165—REGULATED NAVIGATION                          appropriate.
                                              Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS
                                              believe this rule has implications for                                                                           Dated: June 1, 2018.
                                              federalism or Indian tribes, please                     ■ 1. The authority citation for part 165               L. McClain, Jr.,
                                              contact the person listed in the FOR                    continues to read as follows:                          Commander, U.S. Coast Guard, Captain of
                                              FURTHER INFORMATION CONTACT section                                                                            the Port Marine Safety Unit Pittsburgh.
                                                                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              above.                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              [FR Doc. 2018–12283 Filed 6–6–18; 8:45 am]
                                                                                                      Department of Homeland Security Delegation             BILLING CODE 9110–04–P
                                              E. Unfunded Mandates Reform Act                         No. 0170.1.
                                                The Unfunded Mandates Reform Act
                                                                                                      ■ 2. Add § 165.T08–0308 to read as                     DEPARTMENT OF HOMELAND
                                              of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                      follows:                                               SECURITY
                                              Federal agencies to assess the effects of
                                              their discretionary regulatory actions. In              § 165.T08–0308 Safety Zone; Ohio River,
                                                                                                                                                             Coast Guard
                                              particular, the Act addresses actions                   mile marker 27.8 to mile marker 28.2,
                                              that may result in the expenditure by a                 Vanport, PA.
                                                                                                                                                             33 CFR Part 165
                                              State, local, or tribal government, in the                (a) Location. The following area is a
                                              aggregate, or by the private sector of                  safety zone: All navigable waters of the               [Docket Number USCG–2018–0242]
                                              $100,000,000 (adjusted for inflation) or                Ohio River from mile marker 27.8 to                    RIN 1625–AA00
                                              more in any one year. Though this rule                  mile marker 28.2.
                                              will not result in such an expenditure,                    (b) Effective period. This section is               Safety Zone; Blazing Paddles 2018
                                              we do discuss the effects of this rule                  effective from 8 a.m. on June 2, 2018                  SUP Race; Cuyahoga River, Cleveland,
                                              elsewhere in this preamble.                             through 6 p.m. on June 16, 2018.                       OH&
                                                                                                         (c) Enforcement period. This section
                                              F. Environment                                                                                                 AGENCY:    Coast Guard, DHS.
                                                                                                      will be enforced from June 2, 2018
                                                 We have analyzed this rule under                     through June 16, 2018, subject to cargo                ACTION:   Temporary final rule.
                                              Department of Homeland Security                         delivery intervals and potential
                                              Directive 023–01 and Commandant                                                                                SUMMARY:   The Coast Guard is
                                                                                                      inclement weather, 30 minutes prior to,
                                              Instruction M16475.1D, which guide the                                                                         establishing a temporary safety zone for
                                                                                                      during, and 1 hour after any cargo
                                              Coast Guard in complying with the                                                                              certain waters of the Cuyahoga River
                                                                                                      movement in the vicinity of the Vanport
                                              National Environmental Policy Act of                                                                           during the Blazing Paddles Stand Up
                                                                                                      Highway Bridge. The Captain of the Port
                                              1969 (42 U.S.C. 4321–4370f), and have                                                                          Paddleboard Race. This safety zone is
                                                                                                      Marine Safety Unit Pittsburgh (COTP) or
                                              determined that this action is one of a                                                                        intended to restrict vessels from a
                                                                                                      a designated representative will inform
                                              category of actions that do not                                                                                portion of the Cuyahoga River during
                                                                                                      the public of the enforcement period
                                              individually or cumulatively have a                                                                            the Blazing Paddles Stand Up
                                                                                                      through BNMs, LNMs, and/or Marine
                                              significant effect on the human                                                                                Paddleboard Race. This temporary
                                                                                                      Safety Information Bulletins (MSIBs) or
                                              environment. This rule involves a                                                                              safety zone is necessary to protect
                                                                                                      through other means of public notice at
                                              temporary safety zone lasting only 4                                                                           mariners and racers from the
                                                                                                      least 3 hours in advance of the
                                                                                                                                                             navigational hazards associated with the
sradovich on DSK3GMQ082PROD with RULES




                                              hours that prohibits entry on a half-mile               enforcement period. A safety vessel will
                                              stretch of the Ohio River for 4 hours on                                                                       Stand Up Paddleboard Race.
                                                                                                      coordinate all vessel traffic during the
                                              one day from June 2, 2016 through June                                                                         DATES: This rule is effective from 8:30
                                                                                                      enforcement of this safety zone.
                                              16, 2018. It is categorically excluded                     (d) Regulations. (1) In accordance                  a.m. through 11:30 a.m. on June 23,
                                              from further review under paragraph                     with the general regulations in § 165.23,              2018.
                                              L60(a) of Appendix A, Table 1 of DHS                    entry into this zone is prohibited unless              ADDRESSES: To view documents
                                              Instruction Manual 023–01–001–01,                       authorized by the COTP or designated                   mentioned in this preamble as being


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                                              26368               Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations

                                              available in the docket, go to http://                  while the Blazing Paddles Race is                      vessels to travel through the safety zone.
                                              www.regulations.gov, type USCG–2018–                    happening.                                             Thus, restrictions on vessel movement
                                              0242 in the ‘‘SEARCH’’ box and click                                                                           within that particular area are expected
                                                                                                      IV. Discussion of Comments, Changes,
                                              ‘‘SEARCH.’’ Click on Open Docket                                                                               to be minimal. Under certain
                                                                                                      and the Rule
                                              Folder on the line associated with this                                                                        conditions, moreover, vessels may still
                                              rule.                                                     As noted above, we received one                      transit through the safety zone when
                                              FOR FURTHER INFORMATION CONTACT: If                     comment on our NPRM published April                    permitted by the COTP.
                                              you have questions on this rule, call or                30, 2018, and there was no objection to
                                                                                                      the proposed rule. There are no changes                B. Impact on Small Entities
                                              email LT Michael Collet, Chief of
                                              Waterways Management, U.S. Coast                        in the regulatory text of this rule from                  The Regulatory Flexibility Act of
                                              Guard Sector Buffalo; telephone 716–                    the proposed rule in the NPRM.                         1980, 5 U.S.C. 601–612, as amended,
                                              843–9322, email                                           This rule establishes a safety zone                  requires Federal agencies to consider
                                              SectorBuffaloMarineSafety@uscg.mil.                     from 8:30 a.m. through 11:30 a.m. on                   the potential impact of regulations on
                                                                                                      June 23, 2018. The safety zone will                    small entities during rulemaking. The
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      cover all navigable waters at the start                term ‘‘small entities’’ comprises small
                                              I. Table of Abbreviations                               point at position 41°29′36″ N and                      businesses, not-for-profit organizations
                                                                                                      081°42′13″ W to the turnaround point at                that are independently owned and
                                              CFR Code of Federal Regulations
                                              COTP Captain of the Port                                position 41°28′52″ N and 081°40′33″ W                  operated and are not dominant in their
                                              DHS Department of Homeland Security                     on the Cuyahoga River in Cleveland,                    fields, and governmental jurisdictions
                                              FR Federal Register                                     OH. The duration of the zone is                        with populations of less than 50,000.
                                              NPRM Notice of proposed rulemaking                      intended to ensure the safety of vessels               The Coast Guard received 00 comments
                                              § Section                                               and these navigable waters before,                     from the Small Business Administration
                                              U.S.C. United States Code                               during, and after the scheduled 9 to 11                on this rulemaking. The Coast Guard
                                              II. Background Information and                          a.m. Paddleboard Race.                                 certifies under 5 U.S.C. 605(b) that this
                                              Regulatory History                                        Entry into, transiting, or anchoring                 rule will not have a significant
                                                                                                      within the safety zone is prohibited                   economic impact on a substantial
                                                 On April 20, 2018 the Coast Guard                    unless authorized by the COTP Buffalo                  number of small entities.
                                              published a Notice of Proposed                          or his designated on-scene
                                              Rulemaking (NPRM) titled Blazing                                                                                  While some owners or operators of
                                                                                                      representative. The COTP or his                        vessels intending to transit the safety
                                              Paddles 2018 SUP Race; Cuyahoga                         designated on-scene representative may
                                              River, Cleveland, OH § 165.T09–0242.                                                                           zone may be small entities, for the
                                                                                                      be contacted via VHF Channel 16.                       reasons stated in section V.A above, this
                                              In that we discussed why we issued the
                                              NPRM and invited comments on our                        V. Regulatory Analyses                                 rule will not have a significant
                                              proposed regulatory action related to                     We developed this rule after                         economic impact on any vessel owner
                                              this Standup Paddleboard race. The                      considering numerous statutes and                      or operator.
                                              comment period ended May 30, 2018;                      Executive Orders related to rulemaking.                   Under section 213(a) of the Small
                                              we received one comment relating to the                 Below we summarize our analyses                        Business Regulatory Enforcement
                                              event. The comment makes note of a                      based on a number of these statutes and                Fairness Act of 1996 (Pub. L. 104–121),
                                              Memorandum of Understanding that                        Executive Orders, and we discuss First                 we want to assist small entities in
                                              had been agreed upon by the Lake                        Amendment rights of protestors.                        understanding this rule. If the rule
                                              Carriers’ Association and Share the                                                                            would affect your small business,
                                                                                                      A. Regulatory Planning and Review                      organization, or governmental
                                              River. The Lake Carriers Association
                                              have no objection to the proposed rule.                    Executive Orders 12866 and 13563                    jurisdiction and you have questions
                                              There was nothing further that needed                   direct agencies to assess the costs and                concerning its provisions or options for
                                              to be addressed regarding the                           benefits of available regulatory                       compliance, please contact the person
                                              Temporary Final Rule.                                   alternatives and, if regulation is                     listed in the FOR FURTHER INFORMATION
                                                 Under 5 U.S.C. 553(d)(3), the Coast                  necessary, to select regulatory                        CONTACT section.
                                              Guard finds that good cause exists for                  approaches that maximize net benefits.                    Small businesses may send comments
                                              making this rule effective less than 30                 Executive Order 13771 directs agencies                 on the actions of Federal employees
                                              days after publication in the Federal                   to control regulatory costs through a                  who enforce, or otherwise determine
                                              Register because doing so would be                      budgeting process. This rule has not                   compliance with, Federal regulations to
                                              impracticable and contrary to the public                been designated a ‘‘significant                        the Small Business and Agriculture
                                              interest. Delaying the effective date                   regulatory action,’’ under Executive                   Regulatory Enforcement Ombudsman
                                              would be contrary to the rule’s                         Order 12866. Accordingly, this rule has                and the Regional Small Business
                                              objectives of ensuring safety of life on                not been reviewed by the Office of                     Regulatory Fairness Boards. The
                                              the navigable waters and protection of                  Management and Budget (OMB), and                       Ombudsman evaluates these actions
                                              persons and vessels near the event.                     pursuant to OMB guidance it is exempt                  annually and rates each agency’s
                                                                                                      from the requirements of Executive                     responsiveness to small business. If you
                                              III. Legal Authority and Need for Rule                  Order 13771.                                           wish to comment on actions by
                                                 The Coast Guard is issuing this rule                    This regulatory action determination                employees of the Coast Guard, call 1–
                                              under authority in 33 U.S.C. 1231. The                  is based on the characteristics of the                 888–REG–FAIR (1–888–734–3247). The
                                              Captain of the Port Buffalo (COTP) has                  safety zone. The safety zone created by                Coast Guard will not retaliate against
sradovich on DSK3GMQ082PROD with RULES




                                              determined that a large-scale paddle                    this rule will be relatively small and is              small entities that question or complain
                                              craft event on a navigable waterway will                designed to minimize its impact on                     about this rule or any policy or action
                                              pose a significant risk to participants                 navigable waters. Furthermore, the                     of the Coast Guard.
                                              and the boating public. This rule is                    safety zone has been designed to allow
                                                                                                                                                             C. Collection of Information
                                              needed to protect personnel, vessels,                   vessels to transit around it. In addition,
                                              and the marine environment in the                       the safety zone will designate times                     This rule will not call for a new
                                              navigable waters within the safety zone                 when races are not occurring; allowing                 collection of information under the


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                                                                  Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations                                               26369

                                              Paperwork Reduction Act of 1995 (44                     supporting this determination is                       on-scene representative may be
                                              U.S.C. 3501–3520).                                      available in the docket where indicated                contacted via VHF Channel 16 or at
                                                                                                      under ADDRESSES.                                       (716) 843–9322. Vessel operators given
                                              D. Federalism and Indian Tribal
                                                                                                                                                             permission to enter or operate in the
                                              Governments                                             G. Protest Activities
                                                                                                                                                             safety zone must comply with all
                                                 A rule has implications for federalism                 The Coast Guard respects the First                   directions given to them by the COTP or
                                              under Executive Order 13132,                            Amendment rights of protesters.                        his on-scene representative.
                                              Federalism, if it has a substantial direct              Protesters are asked to contact the
                                                                                                                                                               Dated: June 4, 2018.
                                              effect on the States, on the relationship               person listed in the FOR FURTHER
                                              between the national government and                                                                            Joseph S. Dufresne,
                                                                                                      INFORMATION CONTACT section to
                                              the States, or on the distribution of                   coordinate protest activities so that your             Captain, U.S. Coast Guard, Captain of the
                                              power and responsibilities among the                                                                           Port Buffalo.
                                                                                                      message can be received without
                                              various levels of government. We have                   jeopardizing the safety or security of                 [FR Doc. 2018–12301 Filed 6–6–18; 8:45 am]
                                              analyzed this rule under that Order and                 people, places or vessels.                             BILLING CODE 9110–04–P
                                              have determined that it is consistent
                                              with the fundamental federalism                         List of Subjects in 33 CFR Part 165
                                              principles and preemption requirements                    Harbors, Marine safety, Navigation                   ENVIRONMENTAL PROTECTION
                                              described in Executive Order 13132.                     (water), Reporting and record keeping                  AGENCY
                                                 Also, this rule does not have tribal                 requirements, Security measures,
                                              implications under Executive Order                      Waterways.                                             40 CFR Part 180
                                              13175, Consultation and Coordination                      For the reasons discussed in the                     [EPA–HQ–OPP–2017–0376; FRL–9978–20]
                                              with Indian Tribal Governments,                         preamble, the Coast Guard amends 33
                                              because it does not have a substantial                  CFR part 165 as follows:                               Acequinocyl; Pesticide Tolerances
                                              direct effect on one or more Indian
                                              tribes, on the relationship between the                 PART 165—REGULATED NAVIGATION                          AGENCY:  Environmental Protection
                                              Federal Government and Indian tribes,                   AREAS AND LIMITED ACCESS AREAS                         Agency (EPA).
                                              or on the distribution of power and                                                                            ACTION: Final rule.
                                              responsibilities between the Federal                    ■ 1. The authority citation for part 165
                                              Government and Indian tribes. If you                    continues to read as follows:                          SUMMARY:   This regulation establishes
                                              believe this rule has implications for                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            tolerances for residues of acequinocyl in
                                              federalism or Indian tribes, please                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              or on guava and the tropical and
                                              contact the person listed in the FOR                    Department of Homeland Security Delegation             subtropical, small fruit, inedible peel,
                                              FURTHER INFORMATION CONTACT section.                    No. 0170.1.                                            subgroup 24A. Interregional Research
                                                                                                                                                             Project Number 4 (IR–4) requested these
                                              E. Unfunded Mandates Reform Act                         ■ 2. Add § 165.T09–0242 to read as
                                                                                                                                                             tolerances under the Federal Food,
                                                                                                      follows:
                                                The Unfunded Mandates Reform Act                                                                             Drug, and Cosmetic Act (FFDCA).
                                              of 1995 (2 U.S.C. 1531–1538) requires                   § 165.T09–0242 Safety Zone; Blazing                    DATES: This regulation is effective June
                                              Federal agencies to assess the effects of               Paddles 2018 SUP Race; Cuyahoga River,                 7, 2018. Objections and requests for
                                              their discretionary regulatory actions. In              Cleveland, OH.                                         hearings must be received on or before
                                              particular, the Act addresses actions                     (a) Location. The safety zone will                   August 6, 2018, and must be filed in
                                              that may result in the expenditure by a                 encompass all waters of the Cuyahoga                   accordance with the instructions
                                              State, local, or tribal government, in the              River in Cleveland OH, beginning at                    provided in 40 CFR part 178 (see also
                                              aggregate, or by the private sector of                  position 41°29′36″ N and 081°42′13″ W                  Unit I.C. of the SUPPLEMENTARY
                                              $100,000,000 (adjusted for inflation) or                to the turnaround point at position                    INFORMATION).
                                              more in any one year. Though this rule                  41°28′52″ N and 081°40′33″ (NAD 83).
                                              will not result in such an expenditure,                   (b) Enforcement period. This rule will               ADDRESSES:    The docket for this action,
                                              we do discuss the effects of this rule                  be enforced from 8:30 a.m. through                     identified by docket identification (ID)
                                              elsewhere in this preamble.                             11:30 a.m. on June 23, 2018.                           number EPA–HQ–OPP–2017–0376, is
                                                                                                        (c) Regulations. (1) In accordance with              available at http://www.regulations.gov
                                              F. Environment                                                                                                 or at the Office of Pesticide Programs
                                                                                                      the general regulations in § 165.23, entry
                                                We have analyzed this rule under                      into, transiting, or anchoring within this             Regulatory Public Docket (OPP Docket)
                                              Department of Homeland Security                         safety zone is prohibited unless                       in the Environmental Protection Agency
                                              Management Directive 023–01 and                         authorized by the Captain of the Port                  Docket Center (EPA/DC), West William
                                              Commandant Instruction M16475.lD,                       Buffalo (COTP) or his designated on-                   Jefferson Clinton Bldg., Rm. 3334, 1301
                                              which guide the Coast Guard in                          scene representative.                                  Constitution Ave. NW, Washington, DC
                                              complying with the National                               (2) This safety zone is closed to all                20460–0001. The Public Reading Room
                                              Environmental Policy Act of 1969 (42                    vessel traffic, except as may be                       is open from 8:30 a.m. to 4:30 p.m.,
                                              U.S.C. 4321–4370f), and have                            permitted by the COTP or his                           Monday through Friday, excluding legal
                                              determined that this action is one of a                 designated on-scene representative.                    holidays. The telephone number for the
                                              category of actions that do not                           (3) The ‘‘on-scene representative’’ of               Public Reading Room is (202) 566–1744,
                                              individually or cumulatively have a                     the COTP is any Coast Guard                            and the telephone number for the OPP
                                              significant effect on the human                         commissioned, warrant or petty officer                 Docket is (703) 305–5805. Please review
sradovich on DSK3GMQ082PROD with RULES




                                              environment. This rule involves                         who has been designated by the COTP                    the visitor instructions and additional
                                              establishment of a safety zone. It is                   to act on his behalf.                                  information about the docket available
                                              categorically excluded from further                       (4) Vessel operators desiring to enter               at http://www.epa.gov/dockets.
                                              review under paragraph L60(a) of                        or operate within the safety zone must                 FOR FURTHER INFORMATION CONTACT:
                                              Appendix A, Table 1 of DHS Instruction                  contact the COTP Buffalo or his on-                    Michael Goodis, Registration Division
                                              Manual 023–01–001–01, Rev. 01. A                        scene representative to obtain                         (7505P), Office of Pesticide Programs,
                                              Record of Environmental Consideration                   permission to do so. The COTP or his                   Environmental Protection Agency, 1200


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Document Created: 2018-06-07 00:50:42
Document Modified: 2018-06-07 00:50:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:30 a.m. through 11:30 a.m. on June 23, 2018.
ContactIf you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected]
FR Citation83 FR 26367 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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