83_FR_26956 83 FR 26844 - Safety Zone; LAZ Trommler Fireworks, Sandusky Bay, Marblehead, OH

83 FR 26844 - Safety Zone; LAZ Trommler Fireworks, Sandusky Bay, Marblehead, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range26844-26846
FR Document2018-12517

The Coast Guard is establishing a temporary safety zone in the Captain of the Port Detroit Zone on Sandusky Bay, in the vicinity of Marblehead, OH. This Zone is intended to restrict vessels from portions of the Sandusky Bay for the LAZ Trommler Fireworks Display. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port Detroit, or his designated representative. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.

Federal Register, Volume 83 Issue 112 (Monday, June 11, 2018)
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Rules and Regulations]
[Pages 26844-26846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12517]



[[Page 26844]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0519]
RIN 1625-AA00


Safety Zone; LAZ Trommler Fireworks, Sandusky Bay, Marblehead, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Captain of the Port Detroit Zone on Sandusky Bay, in the vicinity of 
Marblehead, OH. This Zone is intended to restrict vessels from portions 
of the Sandusky Bay for the LAZ Trommler Fireworks Display. Persons and 
vessels are prohibited from entering into, transiting through, or 
anchoring within this safety zone unless authorized by the Captain of 
the Port Detroit, or his designated representative. This temporary 
safety zone is necessary to protect spectators and vessels from the 
hazards associated with fireworks displays.

DATES: This regulation is effective from 9 p.m. on July 4, 2018 until 
10:30 p.m. on July 5, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0519. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

I. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The event sponsor notified the Coast Guard 
with insufficient time to accommodate the comment period. Thus, 
delaying the effective date of this rule to wait for the comment period 
to run would be impracticable and contrary to the public interest 
because it would prevent the Captain of the Port Detroit from keeping 
the public safe from the hazards associated with a maritime fireworks 
displays.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Waiting for a 30-day effective 
period to run is impracticable and contrary to the public interest for 
the reasons discussed in the preceding paragraph.

II. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazards associated with fireworks displays starting after 
9:30 p.m. on July 4, 2018 will be a safety concern for anyone within a 
500 foot radius of the launch site. The likely combination of 
recreational vessels, darkness punctuated by bright flashes of light, 
and fireworks debris falling into the water presents risks of 
collisions which could result in serious injuries or fatalities. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
fireworks display.

III. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 9 
p.m. until 10:30 p.m. on July 4, 2018 with a rain date of July 5, 2018 
from 9 p.m. until 10:30 p.m. The safety zone will encompass all U.S. 
navigable waters of the Sandusky Bay within a 500 foot radius of the 
fireworks launch site located at position 41[deg]30'16'' N, 
083[deg]48'08'' W. All geographic coordinates are North American Datum 
of 1983 (NAD 83).
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters during the 
fireworks display. Entry into, transiting, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port, 
Sector Detroit or his designated representative. The Captain of the 
Port, Sector Detroit or his designated representative may be contacted 
via VHF Channel 16.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it. As this rule is not a significant regulatory action, 
this rule is exempt from the requirements of Executive Order 13771. See 
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of 
the Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The majority of vessel 
traffic will be able to safely transit around the safety zone, which 
will impact only a portion of the Sandusky Bay in Marblehead, OH for a 
short period time. Under certain conditions, moreover, vessels may 
still

[[Page 26845]]

transit through the safety zone when permitted by the Captain of the 
Port.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting 90 minutes that will prohibit entry 
within a 500 foot radius from where a fireworks display will be 
conducted. 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.T09-0519 to read as follows:


Sec.  165.T09-0519  Safety Zone; LAZ Trommler Fireworks, Sandusky Bay, 
Marblehead, OH.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the Sandusky Bay within a 500 foot radius of 
the fireworks launch site located at position 41[deg]30'16'' N 
083[deg]48'08'' W. All geographic coordinates are North American Datum 
of 1983 (NAD 83).
    (b) Enforcement period. This regulation will be enforced from 9 
p.m. until 10:30 p.m. on July 4, 2018 with a rain date of July 5, 2018 
from 9 p.m. until 10:30 p.m. The Captain of the Port Detroit, or a 
designated representative may suspend enforcement of the safety zone at 
any time.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port 
Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated 
representative.
    (3) The ``designated representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Detroit to act on his 
behalf. The designated representative of the Captain of the Port 
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Captain of the Port Detroit or his designated 
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall

[[Page 26846]]

contact the Captain of the Port Detroit or his designated 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain of the Port Detroit or his 
designated representative.

    Dated: June 6, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-12517 Filed 6-8-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             26844               Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Rules and Regulations

                                             DEPARTMENT OF HOMELAND                                  of the Administrative Procedure Act                    waters during the fireworks display.
                                             SECURITY                                                (APA) (5 U.S.C. 553(b)). This provision                Entry into, transiting, or anchoring
                                                                                                     authorizes an agency to issue a rule                   within the safety zone is prohibited
                                             Coast Guard                                             without prior notice and opportunity to                unless authorized by the Captain of the
                                                                                                     comment when the agency for good                       Port, Sector Detroit or his designated
                                             33 CFR Part 165                                         cause finds that those procedures are                  representative. The Captain of the Port,
                                             [Docket No. USCG–2018–0519]
                                                                                                     ‘‘impracticable, unnecessary, or contrary              Sector Detroit or his designated
                                                                                                     to the public interest.’’ Under 5 U.S.C.               representative may be contacted via
                                             RIN 1625–AA00                                           553(b)(B), the Coast Guard finds that                  VHF Channel 16.
                                                                                                     good cause exists for not publishing a
                                             Safety Zone; LAZ Trommler Fireworks,                                                                           IV. Regulatory Analyses
                                                                                                     notice of proposed rulemaking (NPRM)
                                             Sandusky Bay, Marblehead, OH                            with respect to this rule. The event                     We developed this rule after
                                             AGENCY:    Coast Guard, DHS.                            sponsor notified the Coast Guard with                  considering numerous statutes and
                                                                                                     insufficient time to accommodate the                   executive orders related to rulemaking.
                                             ACTION:   Temporary final rule.                                                                                Below we summarize our analyses
                                                                                                     comment period. Thus, delaying the
                                             SUMMARY:    The Coast Guard is                          effective date of this rule to wait for the            based on a number of these statutes and
                                             establishing a temporary safety zone in                 comment period to run would be                         Executive orders, and we discuss First
                                             the Captain of the Port Detroit Zone on                 impracticable and contrary to the public               Amendment rights of protestors.
                                             Sandusky Bay, in the vicinity of                        interest because it would prevent the                  A. Regulatory Planning and Review
                                             Marblehead, OH. This Zone is intended                   Captain of the Port Detroit from keeping
                                                                                                     the public safe from the hazards                          Executive Orders 12866 (‘‘Regulatory
                                             to restrict vessels from portions of the                                                                       Planning and Review’’) and 13563
                                             Sandusky Bay for the LAZ Trommler                       associated with a maritime fireworks
                                                                                                     displays.                                              (‘‘Improving Regulation and Regulatory
                                             Fireworks Display. Persons and vessels                                                                         Review’’) direct agencies to assess the
                                             are prohibited from entering into,                         Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                     Guard finds that good cause exists for                 costs and benefits of available regulatory
                                             transiting through, or anchoring within                                                                        alternatives and, if regulation is
                                             this safety zone unless authorized by the               making this rule effective less than 30
                                                                                                     days after publication in the Federal                  necessary, to select regulatory
                                             Captain of the Port Detroit, or his                                                                            approaches that maximize net benefits
                                             designated representative. This                         Register. Waiting for a 30-day effective
                                                                                                     period to run is impracticable and                     including potential economic,
                                             temporary safety zone is necessary to                                                                          environmental, public health and safety
                                             protect spectators and vessels from the                 contrary to the public interest for the
                                                                                                     reasons discussed in the preceding                     effects, distributive impacts, and equity.
                                             hazards associated with fireworks                                                                              Executive Order 13563 emphasizes the
                                             displays.                                               paragraph.
                                                                                                                                                            importance of quantifying both costs
                                             DATES:  This regulation is effective from               II. Legal Authority and Need for Rule                  and benefits, of reducing costs, of
                                             9 p.m. on July 4, 2018 until 10:30 p.m.                    The Coast Guard is issuing this rule                harmonizing rules, and of promoting
                                             on July 5, 2018.                                        under authority in 33 U.S.C. 1231. The                 flexibility. Executive Order 13771
                                             ADDRESSES: Documents mentioned in                       Captain of the Port Detroit (COTP) has                 (‘‘Reducing Regulation and Controlling
                                             this preamble are part of docket USCG–                  determined that potential hazards                      Regulatory Costs’’), directs agencies to
                                             2018–0519. To view documents                            associated with fireworks displays                     reduce regulation and control regulatory
                                             mentioned in this preamble as being                     starting after 9:30 p.m. on July 4, 2018               costs and provides that ‘‘for every one
                                             available in the docket, go to http://                  will be a safety concern for anyone                    new regulation issued, at least two prior
                                             www.regulations.gov, type the docket                    within a 500 foot radius of the launch                 regulations be identified for elimination,
                                             number in the ‘‘SEARCH’’ box and click                  site. The likely combination of                        and that the cost of planned regulations
                                             ‘‘SEARCH.’’ Click on Open Docket                        recreational vessels, darkness                         be prudently managed and controlled
                                             Folder on the line associated with this                 punctuated by bright flashes of light,                 through a budgeting process.’’
                                             rulemaking.                                             and fireworks debris falling into the                     The Office of Management and Budget
                                                                                                     water presents risks of collisions which               (OMB) has not designated this rule a
                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                     could result in serious injuries or                    significant regulatory action under
                                             you have questions on this temporary
                                                                                                     fatalities. This rule is needed to protect             section 3(f) of Executive Order 12866.
                                             rule, call or email MST1 Ryan
                                                                                                     personnel, vessels, and the marine                     Accordingly, the Office of Management
                                             Erpelding, Waterways Department,
                                                                                                     environment in the navigable waters                    and Budget (OMB) has not reviewed it.
                                             Marine Safety Unit Toledo, Coast Guard;
                                                                                                     within the safety zone during the                      As this rule is not a significant
                                             telephone (419) 418–6037, email
                                                                                                     fireworks display.                                     regulatory action, this rule is exempt
                                             Ryan.G.Erpelding@uscg.mil.
                                                                                                                                                            from the requirements of Executive
                                             SUPPLEMENTARY INFORMATION:                              III. Discussion of the Rule                            Order 13771. See OMB’s Memorandum
                                             Table of Acronyms                                          This rule establishes a safety zone that            titled ‘‘Interim Guidance Implementing
                                                                                                     will be enforced from 9 p.m. until 10:30               Section 2 of the Executive Order of
                                             CFR Code of Federal Regulations
                                             DHS Department of Homeland Security
                                                                                                     p.m. on July 4, 2018 with a rain date of               January 30, 2017 titled ‘Reducing
                                             FR Federal Register                                     July 5, 2018 from 9 p.m. until 10:30 p.m.              Regulation and Controlling Regulatory
                                             NPRM Notice of proposed rulemaking                      The safety zone will encompass all U.S.                Costs’ ’’ (February 2, 2017).
                                             § Section                                               navigable waters of the Sandusky Bay                      This regulatory action determination
                                             U.S.C. United States Code                               within a 500 foot radius of the fireworks              is based on the size, location, and
                                                                                                                                                            duration of the safety zone. The majority
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     launch site located at position 41°30′16″
                                             I. Background Information and                                                                                  of vessel traffic will be able to safely
                                                                                                     N, 083°48′08″ W. All geographic
                                             Regulatory History                                                                                             transit around the safety zone, which
                                                                                                     coordinates are North American Datum
                                               The Coast Guard is issuing this                       of 1983 (NAD 83).                                      will impact only a portion of the
                                             temporary final rule without prior                         The duration of the zone is intended                Sandusky Bay in Marblehead, OH for a
                                             notice and opportunity to comment                       to protect personnel, vessels, and the                 short period time. Under certain
                                             pursuant to authority under section 4(a)                marine environment in these navigable                  conditions, moreover, vessels may still


                                        VerDate Sep<11>2014   15:51 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\11JNR1.SGM   11JNR1


                                                                 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Rules and Regulations                                           26845

                                             transit through the safety zone when                    analyzed this rule under that Order and                coordinate protest activities so that your
                                             permitted by the Captain of the Port.                   have determined that it is consistent                  message can be received without
                                                                                                     with the fundamental federalism                        jeopardizing the safety or security of
                                             B. Impact on Small Entities
                                                                                                     principles and preemption requirements                 people, places or vessels.
                                                The Regulatory Flexibility Act of 1980               described in Executive Order 13132.
                                             (RFA), 5 U.S.C. 601–612, as amended,                       Also, this rule does not have tribal                List of Subjects in 33 CFR Part 165
                                             requires federal agencies to consider the               implications under Executive Order                       Harbors, Marine safety, Navigation
                                             potential impact of regulations on small                13175, Consultation and Coordination                   (water), Reporting and record keeping
                                             entities during rulemaking. The Coast                   with Indian Tribal Governments,                        requirements, Security measures,
                                             Guard certifies under 5 U.S.C. 605(b)                   because it does not have a substantial                 Waterways.
                                             that this rule will not have a significant              direct effect on one or more Indian                      For the reasons discussed in the
                                             economic impact on a substantial                        tribes, on the relationship between the                preamble, the Coast Guard amends 33
                                             number of small entities. Under the                     Federal Government and Indian tribes,                  CFR part 165 as follows:
                                             Regulatory Flexibility Act (5 U.S.C.                    or on the distribution of power and
                                             601–612), we have considered the                        responsibilities between the Federal                   PART 165—REGULATED NAVIGATION
                                             impact of this temporary rule on small                  Government and Indian tribes. If you                   AREAS AND LIMITED ACCESS AREAS
                                             entities. While some owners or                          believe this rule has implications for
                                             operators of vessels intending to transit               federalism or Indian tribes, please                    ■ 1. The authority citation for part 165
                                             the safety zone may be small entities, for              contact the person listed in the FOR                   continues to read as follows:
                                             the reasons stated in section V.A above,                FURTHER INFORMATION CONTACT section                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             this rule will not have a significant                   above.                                                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             economic impact on any vessel owner                                                                            Department of Homeland Security Delegation
                                                                                                     E. Unfunded Mandates Reform Act                        No. 0170.1.
                                             or operator.
                                                Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                     ■ 2. Add § 165.T09–0519 to read as
                                             Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                  follows:
                                             Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of
                                             we want to assist small entities in                     their discretionary regulatory actions. In             § 165.T09–0519 Safety Zone; LAZ
                                             understanding this rule. If the rule                    particular, the Act addresses actions                  Trommler Fireworks, Sandusky Bay,
                                             would affect your small business,                       that may result in the expenditure by a                Marblehead, OH.
                                             organization, or governmental                           State, local, or tribal government, in the               (a) Location. The following area is a
                                             jurisdiction and you have questions                     aggregate, or by the private sector of                 temporary safety zone: All U.S.
                                             concerning its provisions or options for                $100,000,000 (adjusted for inflation) or               navigable waters of the Sandusky Bay
                                             compliance, please contact the person                   more in any one year. Though this rule                 within a 500 foot radius of the fireworks
                                             listed in the FOR FURTHER INFORMATION                   will not result in such an expenditure,                launch site located at position 41°30′16″
                                             CONTACT section.                                        we do discuss the effects of this rule                 N 083°48′08″ W. All geographic
                                                Small businesses may send comments                   elsewhere in this preamble.                            coordinates are North American Datum
                                             on the actions of Federal employees                                                                            of 1983 (NAD 83).
                                                                                                     F. Environment                                           (b) Enforcement period. This
                                             who enforce, or otherwise determine
                                             compliance with, Federal regulations to                    We have analyzed this rule under                    regulation will be enforced from 9 p.m.
                                             the Small Business and Agriculture                      Department of Homeland Security                        until 10:30 p.m. on July 4, 2018 with a
                                             Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                        rain date of July 5, 2018 from 9 p.m.
                                             and the Regional Small Business                         Commandant Instruction M16475.lD,                      until 10:30 p.m. The Captain of the Port
                                             Regulatory Fairness Boards. The                         which guide the Coast Guard in                         Detroit, or a designated representative
                                             Ombudsman evaluates these actions                       complying with the National                            may suspend enforcement of the safety
                                             annually and rates each agency’s                        Environmental Policy Act of 1969 (42                   zone at any time.
                                             responsiveness to small business. If you                U.S.C. 4321–4370f), and have                             (c) Regulations. (1) In accordance with
                                             wish to comment on actions by                           determined that this action is one of a                the general regulations in § 165.23, entry
                                             employees of the Coast Guard, call 1–                   category of actions that do not                        into, transiting or anchoring within this
                                             888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                    safety zone is prohibited unless
                                             Coast Guard will not retaliate against                  significant effect on the human                        authorized by the Captain of the Port
                                             small entities that question or complain                environment. This rule involves a safety               Detroit, or his designated representative.
                                             about this rule or any policy or action                 zone lasting 90 minutes that will                        (2) This safety zone is closed to all
                                             of the Coast Guard.                                     prohibit entry within a 500 foot radius                vessel traffic, except as may be
                                                                                                     from where a fireworks display will be                 permitted by the Captain of the Port
                                             C. Collection of Information                            conducted. It is categorically excluded                Detroit or his designated representative.
                                               This rule will not call for a new                     from further review under paragraph                      (3) The ‘‘designated representative’’ of
                                             collection of information under the                     L60(a) of Appendix A, Table 1 of DHS                   the Captain of the Port Detroit is any
                                             Paperwork Reduction Act of 1995 (44                     Instruction Manual 023–01–001–01,                      Coast Guard commissioned, warrant, or
                                             U.S.C. 3501–3520).                                      Rev. 01. A Record of Environmental                     petty officer who has been designated
                                                                                                     Consideration supporting this                          by the Captain of the Port Detroit to act
                                             D. Federalism                                                                                                  on his behalf. The designated
                                                                                                     determination is available in the docket
                                                A rule has implications for federalism               where indicated under ADDRESSES.                       representative of the Captain of the Port
                                             under Executive Order 13132,
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                            Detroit will be aboard either a Coast
                                             Federalism, if it has a substantial direct              G. Protest Activities                                  Guard or Coast Guard Auxiliary vessel.
                                             effect on the States, on the relationship                 The Coast Guard respects the First                   The Captain of the Port Detroit or his
                                             between the national government and                     Amendment rights of protesters.                        designated representative may be
                                             the States, or on the distribution of                   Protesters are asked to contact the                    contacted via VHF Channel 16.
                                             power and responsibilities among the                    person listed in the FOR FURTHER                         (4) Vessel operators desiring to enter
                                             various levels of government. We have                   INFORMATION CONTACT section to                         or operate within the safety zone shall


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                                             26846               Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Rules and Regulations

                                             contact the Captain of the Port Detroit                 DEPARTMENT OF TRANSPORTATION                              A. Purpose of the Amendments
                                             or his designated representative to                                                                               B. Summary of Major Provisions
                                             obtain permission to do so. Vessel                      Federal Motor Carrier Safety                              C. Benefits and Costs
                                                                                                     Administration                                         III. Abbreviations and Acronyms
                                             operators given permission to enter or                                                                         IV. Legal Basis for the Rulemaking
                                             operate in the safety zone must comply                                                                         V. Background
                                             with all directions given to them by the                49 CFR Parts 390 and 391                                  A. National Registry of Certified Medical
                                             Captain of the Port Detroit or his                      [Docket No. FMCSA–2016–0333]                                 Examiners
                                             designated representative.                                                                                        B. Medical Examiner’s Certification
                                                                                                     RIN 2126–AB97                                                Integration
                                               Dated: June 6, 2018.                                                                                         VI. December 1, 2016, Proposed Rule
                                             Jeffrey W. Novak,                                       Process for Department of Veterans                     VII. Discussion of Comments Received on the
                                             Captain, U.S. Coast Guard, Captain of the               Affairs (VA) Physicians To Be Added to                       Proposed Rule
                                             Port Detroit.                                           the National Registry of Certified                     VIII. Explanation of Changes From the NPRM
                                             [FR Doc. 2018–12517 Filed 6–8–18; 8:45 am]              Medical Examiners                                      IX. Section-by-Section Analysis
                                                                                                                                                            X. Regulatory Analyses
                                             BILLING CODE 9110–04–P
                                                                                                     AGENCY:  Federal Motor Carrier Safety                     A. Executive Order (E.O.) 12866
                                                                                                     Administration (FMCSA), DOT.                                 (Regulatory Planning and Review), E.O.
                                                                                                                                                                  13563 (Improving Regulation and
                                                                                                     ACTION: Final rule.
                                                                                                                                                                  Regulatory Review), and DOT Regulatory
                                             DEPARTMENT OF DEFENSE                                                                                                Policies and Procedures
                                                                                                     SUMMARY:    FMCSA amends the Federal
                                                                                                                                                               B. E.O. 13771 (Reducing Regulation and
                                             Defense Acquisition Regulations                         Motor Carrier Safety Regulations                             Controlling Regulatory Costs)
                                             System                                                  (FMCSRs) to establish an alternative                      C. Regulatory Flexibility Act
                                                                                                     process for qualified advanced practice                   D. Assistance for Small Entities
                                             48 CFR Parts 222, 237, and 252                          nurses, doctors of chiropractic, doctors                  E. Unfunded Mandates Reform Act of 1995
                                                                                                     of medicine, doctors of osteopathy,                       F. Paperwork Reduction Act
                                                                                                     physician assistants, and other medical                   G. E.O. 13132 (Federalism)
                                             [Docket DARS–2018–0032]                                                                                           H. E.O. 12988 (Civil Justice Reform)
                                                                                                     professionals who are employed in the
                                                                                                                                                               I. E.O. 13045 (Protection of Children)
                                                                                                     VA and are licensed, certified, or                        J. E.O. 12630 (Taking of Private Property)
                                             RIN 0750–AJ66
                                                                                                     registered in a State to perform physical                 K. Privacy
                                             Defense Federal Acquisition                             examinations (qualified VA examiners)                     L. E.O. 12372 (Intergovernmental Review)
                                             Regulation Supplement: Repeal of                        to be listed on the Agency’s National                     M. E.O. 13211 (Energy Supply,
                                             DFARS Clause ‘‘Right of First Refusal                   Registry of Certified Medical Examiners,                     Distribution, or Use)
                                                                                                     as required by the Fixing America’s                       N. E.O. 13783 (Promoting Energy
                                             of Employment-Closure of Military                                                                                    Independence and Economic Growth)
                                             Installations’’ (DFARS Case 2018–                       Surface Transportation (FAST) Act and
                                                                                                                                                               O. E.O. 13175 (Indian Tribal Governments)
                                             D002)                                                   the Jobs for Our Heroes Act. After
                                                                                                                                                               P. National Technology Transfer and
                                                                                                     successful completion of online training                     Advancement Act (Technical Standards)
                                             AGENCY:  Defense Acquisition                            and testing developed by FMCSA, these                     Q. Environment (NEPA, CAA,
                                             Regulations System, Department of                       qualified VA examiners will become                           Environmental Justice)
                                             Defense (DoD).                                          certified VA medical examiners who
                                                                                                     can perform medical examinations of,                   I. Rulemaking Documents
                                             ACTION: Final rule; correction.
                                                                                                     and issue Medical Examiner’s                           A. Availability of Rulemaking
                                             SUMMARY:   DoD is making a correction to                Certificates to, commercial motor                      Documents
                                             the final rule published on May 30,                     vehicle operators who are military
                                             2018, which amended the Defense                                                                                  For access to docket FMCSA–2016–
                                                                                                     veterans enrolled in the VA healthcare                 0333 to read background documents and
                                             Federal Acquisition Regulation                          system. This rule will reduce the costs                comments received, go to http://
                                             Supplement (DFARS) to remove a                          for qualified VA examiners to be listed                www.regulations.gov at any time, or to
                                             clause that is duplicative of an existing               on the National Registry.                              Docket Services at U.S. Department of
                                             Federal Acquisition Regulation (FAR)                    DATES: This final rule is effective August             Transportation, Room W12–140, 1200
                                             clause. The document contained an                       10, 2018. Petitions for Reconsideration                New Jersey Avenue SE, Washington, DC
                                             incorrect RIN number.                                   of this final rule must be submitted to                20590, between 9 a.m. and 5 p.m.,
                                             DATES: Effective June 8, 2018.                          the FMCSA Administrator no later than                  Monday through Friday, except Federal
                                               Applicable beginning May 30, 2018.                    July 11, 2018.                                         holidays.
                                             FOR FURTHER INFORMATION CONTACT: Ms.                    FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                            B. Privacy Act
                                             Amy Williams, telephone 571–372–                        Christine A. Hydock, Medical Programs
                                             6106.                                                   Division, MC–PSP, Federal Motor                          In accordance with 5 U.S.C. 553(c),
                                                                                                     Carrier Safety Administration, 1200                    DOT solicits comments from the public
                                             SUPPLEMENTARY INFORMATION:    In the                                                                           to better inform its rulemaking process.
                                             final rule published at 83 FR 24892 on                  New Jersey Avenue SE, Washington, DC
                                                                                                     20590–0001 or by telephone at (202)                    DOT posts these comments, without
                                             May 30, 2018, in the third column, the                                                                         edit, including any personal information
                                             following correction is made to this                    366–4001 or by email, fmcsamedical@
                                                                                                     dot.gov. If you have questions on                      the commenter provides, to
                                             rule:                                                                                                          www.regulations.gov, as described in
                                                The RIN number cited, RIN 0750–                      viewing or submitting material to the
                                                                                                     docket, contact Docket Services,                       the system of records notice (DOT/ALL–
                                             AJ54, is corrected to read RIN 0750–                                                                           14 FDMS), which can be reviewed at
                                                                                                     telephone (202) 366–9826.
daltland on DSKBBV9HB2PROD with RULES




                                             AJ66.                                                                                                          www.transportation.gov/privacy.
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             Amy G. Williams,                                          This final rule is organized as follows:             II. Executive Summary
                                             Deputy, Defense Acquisition Regulations                 I. Rulemaking Documents                                A. Purpose of the Amendments
                                             System.                                                    A. Availability of Rulemaking Documents
                                             [FR Doc. 2018–12492 Filed 6–8–18; 8:45 am]                 B. Privacy Act                                        This final rule amends the FMCSRs to
                                             BILLING CODE 5001–06–P                                  II. Executive Summary                                  establish an alternative process for


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Document Created: 2018-11-02 11:58:49
Document Modified: 2018-11-02 11:58:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis regulation is effective from 9 p.m. on July 4, 2018 until 10:30 p.m. on July 5, 2018.
ContactIf you have questions on this temporary rule, call or email MST1 Ryan Erpelding, Waterways Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 418-6037, email [email protected]
FR Citation83 FR 26844 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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